Development of the Constitution

Something Must Be Done AOC stink AOC stink Annapolis Convention – 1786 Annapolis Convention – 1786 Originally meant to discuss trade regulations Originally meant to discuss trade regulations Only five states show up Only five states show up Representatives agree – Must discuss strengthening the government Representatives agree – Must discuss strengthening the government Idea is popular among states Idea is popular among states

Background - The Constitutional Convention of 1787 Met in Philly Met in Philly Examine and recommend changes to the existing Articles of Confederation Examine and recommend changes to the existing Articles of Confederation May – Sept 1787 May – Sept 1787

Composition – Who was there? Wealthy upper class, white men Wealthy upper class, white men Selected by state legislatures, not popular vote Selected by state legislatures, not popular vote George Washington George Washington Ben Franklin Ben Franklin Alexander Hamilton Alexander Hamilton James Madison James Madison Roger Sherman Roger Sherman Notable names not present Notable names not present John Adams (minister to England) John Adams (minister to England) Thomas Jefferson (minister to France) Thomas Jefferson (minister to France) Regardless, there was a ton of political talent at this convention Regardless, there was a ton of political talent at this convention

Virginia Delegation Led by James Madison Led by James Madison Had every intention of creating a new constitution Had every intention of creating a new constitution This is Virginia’s mission in Philadelphia This is Virginia’s mission in Philadelphia Virginia Plan Virginia Plan crafted by Madison crafted by Madison presented by Edmund Randolph presented by Edmund Randolph

Initial Decisions - The Constitutional Convention of 1787 Presiding officer – George Washington – Why? Presiding officer – George Washington – Why? _____________________________ _____________________________ Every state - one vote Every state - one vote Proceedings held in secret Proceedings held in secret Concerned newspapers would criticize decisions Concerned newspapers would criticize decisions Not democratic Not democratic The delegates want a government that was … The delegates want a government that was … Firm, dignified, respected at home and abroad Firm, dignified, respected at home and abroad Strong against instability at home Strong against instability at home From the start, decided the A of C were too flawed From the start, decided the A of C were too flawed Virginians set the tone - introduced Virginia Plan Virginians set the tone - introduced Virginia Plan They weren’t authorized to change AOC, but they did it anyway They weren’t authorized to change AOC, but they did it anyway

Two Plans Virginia Plan Virginia Plan Presented by Edmund Randolph – Gov from Virginia Presented by Edmund Randolph – Gov from Virginia Three branches – legislature strongest Three branches – legislature strongest Bicameral house Bicameral house 50% required to pass legislation 50% required to pass legislation Strong federal government Strong federal government Could veto state laws Could veto state laws Smaller states object since they would have no influence Smaller states object since they would have no influence New Jersey Plan New Jersey Plan Proposed by William Paterson – delegate Proposed by William Paterson – delegate Presented as a series of amendments to the AOC Presented as a series of amendments to the AOC Unicameral house Unicameral house Would create an executive, a judiciary, federal taxes, federal regulation of trade Would create an executive, a judiciary, federal taxes, federal regulation of trade But would require a unanimous vote to pass these taxes, trade regs But would require a unanimous vote to pass these taxes, trade regs Larger states rejected since smaller states would have equal power Larger states rejected since smaller states would have equal power

Centrist View The Virginia Plan became seen as a centrist plan because The Virginia Plan became seen as a centrist plan because NJ Plan was a glorified A of C NJ Plan was a glorified A of C Alexander Hamilton introduced the idea of a constitutional monarchy Alexander Hamilton introduced the idea of a constitutional monarchy Far more conservative than the Virginia Plan Far more conservative than the Virginia Plan This was calculated to help Va. Plan This was calculated to help Va. Plan

Connecticut Compromise (Great Compromise) Roger Sherman is the architect for this plan Roger Sherman is the architect for this plan Have a Legislature where the lower house was popularly elected Have a Legislature where the lower house was popularly elected assigned delegates based on population assigned delegates based on population House of Representatives House of Representatives The Upper house would have equal reps from each state The Upper house would have equal reps from each state The Senate The Senate Elected by state legislatures Elected by state legislatures Only need 50% of the vote to pass legislation Only need 50% of the vote to pass legislation Model for our legislature Model for our legislature

Federalist/Anti-Federalist Compromises Independent v. Congressionally controlled judiciary Independent v. Congressionally controlled judiciary Executive Branch – Art. 2 – Series of compromises Executive Branch – Art. 2 – Series of compromises Should there be an Executive Branch? How many executives? Should there be an Executive Branch? How many executives? Control foreign policy, but Senate had to approve all diplomats and treaties Control foreign policy, but Senate had to approve all diplomats and treaties President is C-in-C, but only congress can declare war President is C-in-C, but only congress can declare war Would there be a popular vote? - No way Would there be a popular vote? - No way The people are dummies The people are dummies Birth of electoral college Birth of electoral college

Slavery – Compromises The framers built slavery into the fabric of our government The framers built slavery into the fabric of our government However, they are careful to never use the term “slavery” in the Constitution. However, they are careful to never use the term “slavery” in the Constitution. 1. 3/5 Compromise 2. Slave Trade and Commerce Clause These items would pose big problems for those trying to remove slavery in the future. These items would pose big problems for those trying to remove slavery in the future.

Differences Between Articles and Constitution… Passing Legislation Passing Legislation Constitution – simple majority – easier to get things done Constitution – simple majority – easier to get things done A of C – two-thirds A of C – two-thirds Executive Executive Constitution – a single President – not a lot of power at first (would get stronger) Constitution – a single President – not a lot of power at first (would get stronger) A of C – No executive A of C – No executive Power of the Federal Government Power of the Federal Government Constitution – potentially strong Constitution – potentially strong A of C – very weak A of C – very weak Amendment process Amendment process Constitution – 2/3 of both houses of Congress + ¾ of State conventions Constitution – 2/3 of both houses of Congress + ¾ of State conventions A of C – virtually impossible - need a unanimous vote A of C – virtually impossible - need a unanimous vote Constitution Constitution The Constitution is a less democratic document The Constitution is a less democratic document Takes power away from common voters Takes power away from common voters More aristocratic More aristocratic Creates a stronger federal government – this is a danger in the eyes of many Creates a stronger federal government – this is a danger in the eyes of many

Ratification Process If two-thirds of the states ratify, the Constitution would go into effect If two-thirds of the states ratify, the Constitution would go into effect Every state had to go through a ratification process, hold a convention, and elect delegates to the convention Every state had to go through a ratification process, hold a convention, and elect delegates to the convention This sets up two groups: the Federalists and the Anti- Federalists This sets up two groups: the Federalists and the Anti- Federalists

Federalists –vs- Anti-Federalists Anti-Federalists Anti-Federalists Opposed Constitution Opposed Constitution More democratic More democratic States rights States rights Wanted strong local government, not fed government Wanted strong local government, not fed government Small farmers, small business people, artisans. Small farmers, small business people, artisans. Felt they didn’t need a strong government to protect their interests Felt they didn’t need a strong government to protect their interests Less funded, less educated, less organized Less funded, less educated, less organized Federalists Federalists Supported Constitution Supported Constitution Most of the distinguished people in the country Most of the distinguished people in the country George Washington, John Adams, Ben Franklin, Alexander Hamilton, John Jay George Washington, John Adams, Ben Franklin, Alexander Hamilton, John Jay Well-funded, well-organized, politically experienced Well-funded, well-organized, politically experienced Wanted a strong federal government Wanted a strong federal government Wanted a strong executive Wanted a strong executive Wanted a government that was respected abroad and at home Wanted a government that was respected abroad and at home put down insurrections put down insurrections Act decisively – even if done by sacrificing some rights Act decisively – even if done by sacrificing some rights

Ratification Constitution was drafted and signed by 39 delegates on Sept 17, 1787 Constitution was drafted and signed by 39 delegates on Sept 17, 1787 Some states were very pro-constitution and they ratified easily. Dec 1787-Jan 1788 Some states were very pro-constitution and they ratified easily. Dec 1787-Jan 1788 Delaware Delaware Pennsylvania Pennsylvania New Jersey New Jersey Georgia Georgia Connecticut Connecticut Other states followed between Feb – Jun in 1788 Other states followed between Feb – Jun in 1788 Massachusetts Massachusetts Maryland Maryland S Carolina S Carolina New Hampshire New Hampshire Final group of four Final group of four NY NY N Carolina N Carolina Rhode Island Rhode Island Virginia Virginia Why was 9 of 13 states, as Article VII stated was required, insufficient? Why was 9 of 13 states, as Article VII stated was required, insufficient?

Federalist Papers 85 pamphlets & essays supporting the Constitution 85 pamphlets & essays supporting the Constitution Written by Alexander Hamilton, James Madison, & John Jay Written by Alexander Hamilton, James Madison, & John Jay Cited in Constitutional interpretation debates Cited in Constitutional interpretation debates Lens into the ideas of the founding fathers Lens into the ideas of the founding fathers Large government would provide stability and security Large government would provide stability and security Federalist #10 – How to create a strong government while preserving freedom Federalist #10 – How to create a strong government while preserving freedom Federalist #51 – Separation of powers and checks and balances Federalist #51 – Separation of powers and checks and balances

Bill of Rights Anti-federalists refused to sign the Constitution Anti-federalists refused to sign the Constitution Did not protect the people against the central government Did not protect the people against the central government Needed a statement of individual freedoms Needed a statement of individual freedoms Required to prevent the country from falling into tyranny Required to prevent the country from falling into tyranny Anti-federalists tried to influence state ratification processes by writing pamphlets and newspaper articles Anti-federalists tried to influence state ratification processes by writing pamphlets and newspaper articles They would often take on pseudonyms of the Roman Republic, like Brutus They would often take on pseudonyms of the Roman Republic, like Brutus Some argued that the federal government would degenerate into a tyrannical entity Some argued that the federal government would degenerate into a tyrannical entity Federal Bill of Rights - #1 priority of the new Congress Federal Bill of Rights - #1 priority of the new Congress