Ch. 6 The Constitution

The Weak Confederation Problems with the Articles – Barely approved the Treaty of Paris with Great Britain Couldn’t effectively enforce foreign aspects of the Treaty – Almost didn’t have a quorum to approve the Northwest Ordinances regarding territory acquired through the treaty. Only 8 states even voted – Couldn’t regulate international trade, hurt merchants Positives – They won the Revolution with it – Most people liked the idea of strong government in each state.

Calls for Reform Even supporters of the Article agreed changes needed to be made, how drastic though? Alexander Hamilton – Political and Economic genius, New York lawyer – Led the charge for reform and convinced James Madison to sell the idea to Virginia Legislature Reform gains credibility – They needed George Washington’s support in order for all states to get involved – Shays’s Rebellion convinced even Washington that the time had come.

The Constitutional Convention Met in Philadelphia from May to September delegates from every state except Rhode Island – Washington was unanimously chosen as President of the Conference – John Adams was in England for diplomatic reasons – Jefferson was in Paris also – Patrick Henry refused to attend, he fully supported the Articles Each state would only have one vote on issues regardless of the number of delegates.

Convention Continued While they initially met to investigate changes to the articles, it was soon decided to simply create an entirely new Constitution They met in secrecy, not allowing the opportunity for outside influence – The journal entries of James Madison serve as the only written documentation of the meetings. Virginia had the most prepared group of delegates – James Madison arrived with a plan already prepared. – His “Virginia Plan” devised most of what is today‘s American government.

The Virginia Plan Called for Three separate Branches of Government – Legislative Branch: consisted of a two House Congress where each state represented according to population – Executive Branch: led by a President who enforced Congressional laws. – Judicial Branch: Supreme Court to approve laws and enforcement. The plan greatly favored larger states Under the design, some smaller states wouldn’t have any representation in upper house of Congress.

The New Jersey Plan More closely resembled the Articles – Called for a One House legislature where each state would have equal representation. Major changes: – Congress could now have the ability to tax the people directly – Congress could regulate international trade – Only “Federal” government could print currency Larger States did not like the New Jersey Plan

The Great Compromise Committee led by Ben Franklin to devise a solution since the Convention was about to fall apart. – They devised the Connecticut Compromise, because it was proposed by Roger Sherman of Connecticut – Better known as Great Compromise. Resembled much of the Virginia Plan – Two House Congress Senate –upper house of Congress and each state would have TWO Senators, thus equal representation House of Representatives –lower house where each state’s representation depended upon population

The 3/5 Compromise Southern states wanted to count their slaves to gain representation in House of Reps. Northern States opposed this idea – Slaves were considered property, they couldn’t vote, hold land, nor were they citizens – Northern states didn’t have them Compromise allowed them to count 3 of every 5 slaves, thus pacifying southern states, but not completely giving in.

Sovereignty and Separation of Powers The most important issue became the question of Sovereignty – Who had more power, state governments or Federal Result was to give the most power to neither – All power would derive directly from the people. – All levels of government would be subject to vote form the people. Preamble confirms the idea – Written by Robert Morris – Begins with “We the People… “ for a reason

Distribution of Powers Most distinctive feature of the Constitution Constitution is “Supreme Law” of the land, and no single state could defy it. – Federal Government had broad powers Expressed or Implied Powers: Power to tax, regulate commerce, regulate currency, and pass any law necessary and proper for it to carry out duties. – Recognized individuality of each state Reserved Powers: Allowed for each state to retain power, jurisdiction, and rights not expressly delegated to Federal government.

Distribution of Power Cont. Complex passage of laws through Congress – Senate and the House had to approve laws separately – Each with members selected differently and with different terms to ensure no faction could dominate the process. Emphasis placed on taking every precaution against possible tyranny

Checks and Balances President (Executive Branch) had to agree to any laws passed through both Houses by signing it – President could veto any bill by refusing to sign Congress could override any Presidential veto with a 2/3 majority vote. Federal courts would be responsible to interpret the Constitution and prevent the passage of any law or enforcement deemed unconstitutional. President appointed all federal judges, and Senate had to approve them – Judges are the only members of Federal government not elected by the people with life terms.

Ratification Convention members were concerned states would reject the new Constitution – They exceeded what Congress authorized them to do Each state would be instructed to hold individual Conventions to consider it – Legislatures would not be involved Ratification would require 9 of the 13 states – The Articles required all 13 No changes, or “amendments” could be made until after it was ratified.

Federalists vs. Anti-Federalists Federalists – those in support of the new Constitution and a stronger national government. – Radical new ideas, but supported by the most prominent Americans like Washington & Franklin Federalist Papers – series of essays defending the Constitution and explaining its merits – Published in pamphlets and papers throughout the states, especially ones like New York where ratification was in doubt – Written predominantly by Alexander Hamilton, James Madison, and John Jay under the pseudonym “Publius”

Anti-Federalists Opponents of the new Constitution – Felt it betrayed many of the principles of the Revolution – Allowed the opportunity for a government to become tyrannical – Would increase taxes – Favor wealthy over majority Largest Complaint: – No Bill of Rights specifically outlining individual guaranteed rights. Read Page 167 (Debating the Constitution)

Constitution Ratified Winter : States bitterly, but quickly debated the new document – Delaware was the first to ratify, soon followed by many others – By June 1788 New Hampshire became the 9 th state to ratify, thus making it official Concern still grew with New York and Virginia in debate – With ratification from those two later in the month Americans became more confident in the new Constitution.