1. The Constitutional Convention
APGoPo - Hamer
Unit 1

2. Creating the Constitution

3. The Articles of Confederation
Confederation = Alliance
Tons of problems
No executive or judicial branches
One state, one vote
2/3 vote for a law pertaining to money or foreign policy; unanimous vote for amendments
Shackled and weak Congress
No power to regulate commerce
States’ had own navigation and tariff laws
No power to enforce taxation of states
No power to raise an army
Representatives were frequently absent
Still a landmark government for the times and a necessary stepping stone on the way to the Constitution

4. Problems under the Articles
National credit abroad was decreasing
Interest on the public debt was growing at home
Some states were refusing to pay their share to the federal government
Some states were starting to print depreciated paper currency
Some states were setting up tariffs against other states
Shays’ Rebellion

5. Constitutional Convention 1787
Leaders were appointed by the state legislatures who were, themselves, voted on by men meeting property requirements
“Double distillation” produced a select group of propertied men and leaders
Jefferson called them demigods
Even though they were propertied, they reinforced ideas of republicanism

6. Constitutional Convention 1787
Met on May 25, 1787 in Philadelphia
GW was selected as chairman
Major players
Ben Franklin
James Madison: called Father of the Constitution for his contributions
Alexander Hamilton: advocate of a strong central government
NOT there:
Thomas Jefferson, John Adams, Thomas Paine (all in Europe)
Sam Adams and John Hancock (not chosen by Mass)
Patrick Henry was elected by VA but said no
Possibly good because those who were there were interested in compromise and fixing the problem
Also not there: poor people, women, ethnic minorities

7. Constitutional Convention 1787
Fear had a seat at the convention as well
Wanted republicanism without a “mobocracy”
Washington said “we have, probably, had too good an opinion of human nature in forming our confederation”
Wanted to strengthen America’s presence abroad to prevent against problems like with the Dey of Algiers and commerce with England
The decision upon arrival was to throw out the old AOC and replace it with a new Constitution

8. Compromises at the Constitutional Convention

9. Big States vs. Little States – The Great Compromise
Large State Plan of VA
Bicameral Congress
Membership in both houses based on population
Small State Plan of NJ
Unicameral Congress
One state, one vote
Solved by The Great Compromise
Population membership in the House of Representatives
Tax bills could only begin in the House
Helped big states that would have to shoulder the tax burden
Two senators per state in the Senate

10. Adding More Branches to the Federal Government

11. Executive Leadership – The Electoral College
Inspired by popularly elected strong governor of Massachusetts
Strong Independent executive as presidency
Military commander in chief
Power of appointment over domestic offices
Power of veto over legislation
Indirectly elected by Electoral College
Took direct democracy away from the people
“Leaving the choice to the people was like asking a blind person to choose colors” said one VA delegate

12. Judicial Branch
Federal branch courts with the Supreme Court at the top
President appointed Justices
Approved by Senate

13. Who Counts for Representation? 3/5 Compromise and Slavery
Should the southern slaves count as part of the population for representation? - South said yes, North said no
The Three-Fifths Compromise said that 3/5 of the slaves would be counted for population AND taxation.
The south had originally wanted them to count for population for representation but not taxation
The Southern states, if represented equally, would have accounted for 33 of the seats in the House of Representatives. However, because of the Three-Fifths Compromise, the Southern states accounted for 47 seats in the House of Representatives of the first United States Congress of 1790 ( fifths-compromise)
Many states (except GA and SC) wanted to end the international slave trade – Decision was that it would continue until the end of 1807

14. Conventioneers were in more agreement than usually mentioned
Economically
Sound money and protection of private property
Politically
Strong government, three branches, checks and balances
Against direct democracy of the people:
Federal judges appointed for life
Electoral College
Senators elected by state legislatures
Yes democracy of the people:
House of Representatives elected by the people (men with property/
Still republican

15. Ratifying the Constitution
Federalists vs. Anti-federalists

16. What are the New Rules for Ratification of Amendments?
Under AOC it would have taken unanimous approval
RI would never approve
SO…
The Conventioneers said that once 9 of the 13 states approved (the new rule for amendment passage in the Constitution was ¾ of the states), the Constitution would become the law of the land in those states
Appealing to the votes of the people

17. Federalism and The Federalists
Federalism: Balance of power between the states and national government
New plan for America to create a stronger central government without completely stripping the states of power
Federalists were those who supported the new Constitutional government

18. Antifederalists
Anti-federalists did not want or trust the new, larger and more powerful government
Made up of a diverse group
Fears were:
Only aristocrats had drawn up the Constitution which means that it wasn’t democratic
Sovereignty of states was being reduced
Freedoms of the individuals weren’t protected
Wanted Congressmen elected once a year (like in AOC)
Upset about the 10 square mile federal capitol to be built
Standing army
No mention of god

19. The Federalist and Anti-Federalist Papers
The Federalists wrote 85 essays known as the Federalist Papers.
These were published under a pseudonym, Publius – though most were probably written by Hamilton, Madison, and Jay
The Anti-Federalists also wrote, but they were not as organized and written by a more diverse group
This year-long debate between August of and 1788 was known as an “out of doors” meaning that it was a debate that happened in newspapers and other writings. There were also “in doors” debates at the state ratifying conventions.
The debate focused on convincing state delegates to ratify the Constitution (or not)

20. The Debate in the States
Each state elected members to their own state ratifying conventions
Massachusetts became the litmus test
Originally an anti-federalist majority, but since the vote was between the Constitution and the AOC - which was the lesser of two evils???
Were assured by federalists that a Bill of Rights would be added by the first Congress
Passed 187 to 168
On June 21, states had adopted it and it became law
Not yet: RI, VA, NY, NC

21. Federalist vs. Anti-Federalist Strongholds

22. Different theories of the Constitution
A Conservative Counterrevolution to the liberal Revolution
Necessary in the Anatomy of a Revolution theory
A second revolution by the minority
Basically had seceded from the Confederation
Only 1/4 of the adult white males had voted for delegates
Because of property qualifications
Estimates show that if there had been universal manhood suffrage, than the there would have been much more opposition and possibly defeat
By expressing that all 3 branches represented the people and were at the same time limited by the other branches, Constitution balanced liberty and order

23. Write your theory
Was the Constitution a natural continuation of the revolutionary process or a Conservative backlash against the Articles? Or was it something else?

24. Historiography Revolution or Counterrevolution
Early in 1800’s seen as an extension of the Revolution
In Early 1900’s seen as a conservative counterrevolution to protect the propertied elite
1950’s said that America just realized that it needed a stronger central government
Wood in 1969 said that the Constitution was just the fruition of the ideas of republicanism