1. The Constitutional Convention (May-Sept. 1787)
J.A.SACCO

2. Why a Constitutional Convention?
“Experience has taught us that men will not adopt and carry into execution measures-the best calculated for their own good-without the intervention of a coercive power”.
G.Washington

3. Why a Constitutional Convention?
Republicanism went to far?
Less Locke
More Hobbes
Need more guidance
under a central power
or more Shay’s Rebellions
will occur.

4. Dissatisfied Groups in the U.S.
Merchants- need regulation of commerce
Manufacturers- tariffs against foreign goods
Land Speculators- protection from Native Americans to open up settlement
Bondholders- stable currency for debt repayment
Businessmen- curb inflation to promote business

5. First Steps to Reform the Articles of Confederation
1785- Mount Vernon Convention
VA, MD, PA, DE, discuss the problems of
interstate commerce.

6. First Steps to Reform the Articles of Confederation
Sept –Annapolis Convention
Only five states- Hamilton urges all states to meet in Philadelphia in May 1787 to remedy defects of the Articles.

7. Constitutional Convention (May-Sept 1787)
55 delegates from all states except R.I.
Called “Nationalists”- these were men of distinction/talent. Conservative men of property who wanted a stable/stronger central government.

8. Cast of Characters

9. Areas of Agreement
Scrap Articles of Confederation- draw up new basic law
New gov’t should still be republican in form, with a chief executive to be elected by people or representatives (checks/balances)
Gov’t based on majority (popular sovereignty), but still protect the rights of the minority
Need a strong centralized gov’t that had the power to tax, regulate interstate trade/foreign commerce

10. A Question of Representation?
How is representation in Congress going to be determined?
Virginia Plan
Bicameral legislature
Representation based on population
New Jersey Plan
Unicameral legislature
Representation is equal for all states

11. The Great Compromise Creates a bi-cameral legislature. CONGRESS
House of Representatives
Based on state population
Senate
2 per state

13. 3/5 Compromise
Since the House of Representatives in based on a states
population, should slaves count toward that states population?
North
Not count toward population, but count toward taxes
South
Count toward population, not count toward taxes
Slaves count for 3/5ths a person for both population and taxes.

14. Commerce, Tariffs, and the Slave Trade
North
New government to have the power to regulate all interstate and foreign trade
South
Feared being outvoted on trade regulation by more populous North. South opposed taxes on imports/exports. Would hurt tobacco trade. Not want interference on slave trade.

15. Commercial Compromise
For the South
2/3 vote of Senate required for ratification of treaties
No export taxes imposed by Congress
Could not prohibit the slave trade for 20 years (1808)
Fugitive Slave Act created. Free states return runaways to South

16. Commercial Compromise
For the North
Congress could regulate interstate commerce by a simple majority vote in Congress and tax imports (tariffs)

17. Power of the President
Compromise of the Chief Executive??

18. Power of the President Strong Executive Control foreign policy
Power to veto Congress
4 year term/ no term limit
Weak Executive
Congress power to impeach
To check excesses of democracy, Executive to be elected by an electoral college (equal to # members in House and Senate)
No majority of electoral college- elected by House.

19. Federalists/Anti-Federalists

20. Federalists vs. Anti-Federalists
Wealthy, often powerful/ propertied class
Lived in settled areas, on coast- more regulation of trade
Educated
Controlled the press
Felt a strong central government would best serve the nation without sacrificing the interests of the states.

21. Federalists vs. Anti-Federalists
Included many revolutionaries
Mainly people devoted to states rights, lived in backcountry, small farmers/debtors
Believed Constitution was plot by upper class to get even more power from common folk.
Criticized Constitution for taking away freedom of states and individuals.

22. Battle for Ratification
Change the law of unanimity– would become law when 9 states ratified.
Went over the head of the Articles, and State Legislatures directly to the people.

24. Ratification “The Roll Call”
DE, PA,NJ,GA, CT quickly ratify
Mass. led by Sam Adams only ratify after Bill of Rights promised and amendment added for reserve powers of states
By end of June MD,SC,NH ratified
VA ratify after Bill of Rights promised
NY ratify after realized it surrounded by states that already ratified the Constitution
By this time first Congress to meet on March 4th,1789
NC ratify by Nov. 1789
Which state is left to ratify?

25. “Little Rhode Island All Alone”
Why was Rhode Island the last to ratify the Constitution?
Why was it important for all states to ratify it?
RI ratify in May 1790.

26. Why were the Federalists Successful in Ratification?
Feds better organized/more skilled politicians
Offered a positive future with new Constitution/Anti-feds. had no alternative.
Feds better represented in electing bodies/poor could not vote against ratification
Washington and Franklin gave the new government credibility
A Bill of Rights would eventually be added to protect the rights of all/avoid the central government from crushing liberties

27. “The Federalist Papers”
Federalist Papers plays key role
Anonymously written by Alexander Hamilton, James Madison, and John Jay
Propaganda in favor of Constitution, major cause of ratification
Federalist #10 considered most important

28. Federalist #10- “Dealing with Factions”
“…the smaller the number of individuals composing a majority, and the smaller the compass within which they are placed, the more easily will they concert and execute their plans of oppression. Extend the sphere, and you take in a greater variety of parties and interests; you make it less probable that a majority of the whole will have a common motive to invade the rights of other citizens[.]”

29. Republicanism Survived!
Separation of Powers– three branches of government but all were meant to represent the people.
Checks and Balances - created to prevent the abuse of power from any one branch, creates a balance between liberty and order.
Limited defined powers in a written constitution
Individual rights are ensured in a Bill of Rights

30. A Conservative Constitution!
Wanted to protect economic and political interests.
Create sound economy and protect private property
Kept lower-classes from voting
Election of senators and federal judges INDIRECT!!!

31. A Democratic Constitution!
Consent of the governed-kept republican principles
Limited government
Power of the people—”We the People”…

32. Principles of U.S. Government
Federalism
Powers shared between fed/state governments- Delegated, Reserved and Concurrent powers

33. Principles of the U.S. Constitution
Federal law superior to state law
Constitution is the supreme law of the land
Constitution a living document- can change with the times
Under Articles power in the hands of states, under Constitution power in hands of the people (popular sovereignty)