Development of the Development of the ConstitutionConstitution

Articles of ConfederationArticles of Confederation Ratified March 1, 1781 by CongressRatified March 1, 1781 by Congress Article 2 – Article 2 – sovereignsovereign states states Article 3 – common Article 3 – common defensedefense against attack against attack Article 4 – free men access to all states and free trade; criminals Article 4 – free men access to all states and free trade; criminals

returned to jurisdiction of offensereturned to jurisdiction of offense Article 5 – state delegates appointed to Congress first Monday in Article 5 – state delegates appointed to Congress first Monday in

November each year; 2-7 state reps up to 3 years; November each year; 2-7 state reps up to 3 years; 1 state, 1 vote1 state, 1 vote; ; freedom of speech and protection from arrestfreedom of speech and protection from arrest

Article 6 – no state may make foreign treaties; no state war ships; Article 6 – no state may make foreign treaties; no state war ships; state militia maintained; no state warsstate militia maintained; no state wars

Article 7 – during war military officers appointed to state Article 7 – during war military officers appointed to state legislaturelegislature

Article 8 – war costs from Article 8 – war costs from common treasurycommon treasury in proportion to value in proportion to value of state lands; states control taxesof state lands; states control taxes

Article 9 – US sole right to determine war, send ambassadors, Article 9 – US sole right to determine war, send ambassadors, enter treaties and alliances; Congress is last judicial resort on enter treaties and alliances; Congress is last judicial resort on boundaries; Congress regulates money, Indian affairs, post office, boundaries; Congress regulates money, Indian affairs, post office, appoints military officers; no person more than 1 year in any 3 appoints military officers; no person more than 1 year in any 3 year term; no war unless 9 states agree; power to adjourn; publish year term; no war unless 9 states agree; power to adjourn; publish a journal monthlya journal monthly

Article 11 – Article 11 – Canada will be allowed to join the USCanada will be allowed to join the US Article 13 – no Article 13 – no amendmentsamendments unless all states agree unless all states agree

Something Must Be DoneSomething Must Be Done Articles of Confederation deemed Articles of Confederation deemed unacceptableunacceptable Annapolis ConventionAnnapolis Convention – 1786 – 1786

Originally meant to Originally meant to discuss trade regulationsdiscuss trade regulations Only five states show up Only five states show up Representatives agree – Representatives agree – Must discuss strengthening Must discuss strengthening the governmentthe government

Idea is popular among Idea is popular among statesstates

Background - The Constitutional Background - The Constitutional Convention of 1787Convention of 1787

Met in PhiladelphiaMet in Philadelphia Examine and recommend changes to Examine and recommend changes to

the existing Articles of Confederationthe existing Articles of Confederation May – Sept 1787May – Sept 1787

Composition – Who was there?Composition – Who was there? Wealthy upper class, Wealthy upper class,

white menwhite men Selected by state Selected by state

legislatures, not legislatures, not popular votepopular vote

George Washington George Washington Ben FranklinBen Franklin Alexander HamiltonAlexander Hamilton James MadisonJames Madison Roger ShermanRoger Sherman

Notable names not Notable names not presentpresent

John Adams John Adams (minister to (minister to England) England)

Thomas Jefferson Thomas Jefferson (minister to France)(minister to France)

Regardless, there Regardless, there was much political was much political talent at this talent at this conventionconvention

Virginia DelegationVirginia Delegation Led by James MadisonLed by James Madison

Had every intention of Had every intention of creating a new creating a new constitutionconstitution

This is Virginia’s This is Virginia’s mission in Philadelphiamission in Philadelphia

Virginia PlanVirginia Plan crafted by Madisoncrafted by Madison presented by Edmund presented by Edmund

RandolphRandolph

Initial Decisions - The Initial Decisions - The Constitutional Convention of 1787Constitutional Convention of 1787

Presiding officer – George Presiding officer – George WashingtonWashington

Every state - one vote Every state - one vote Proceedings held in secret Proceedings held in secret

Concerned newspapers Concerned newspapers would criticize decisions would criticize decisions

Not democraticNot democratic The delegates want a The delegates want a

government that was …government that was … Firm, dignified, respected at Firm, dignified, respected at

home and abroadhome and abroad Strong against instability at Strong against instability at

homehome From the start, decided the A of From the start, decided the A of

C were too flawedC were too flawed Virginians set the tone - Virginians set the tone -

introduced Virginia Planintroduced Virginia Plan They weren’t authorized to They weren’t authorized to

change AOC, but they did it change AOC, but they did it anyway anyway

Two PlansTwo Plans Virginia PlanVirginia Plan (James Madison) (James Madison)

Presented by Edmund Randolph – Gov from Presented by Edmund Randolph – Gov from VirginiaVirginia

Three branches – legislature strongestThree branches – legislature strongest Bicameral houseBicameral house

50% required to pass legislation50% required to pass legislation Strong federal governmentStrong federal government

Could veto state lawsCould veto state laws Smaller states object since they would Smaller states object since they would

have no influencehave no influence New Jersey PlanNew Jersey Plan

Proposed by William Paterson – delegateProposed by William Paterson – delegate Presented as a series of amendments to the Presented as a series of amendments to the

AOC AOC Unicameral house Unicameral house Would create an executive, a judiciary, Would create an executive, a judiciary,

federal taxes, federal regulation of federal taxes, federal regulation of tradetrade

But would require a unanimous vote to But would require a unanimous vote to pass these taxes, trade regulations pass these taxes, trade regulations

Larger states rejected since smaller Larger states rejected since smaller states would have equal powerstates would have equal power

Centrist ViewCentrist View The Virginia Plan became The Virginia Plan became

seen as a centrist plan seen as a centrist plan becausebecause NJ Plan was a glorified A of CNJ Plan was a glorified A of C Alexander Hamilton introduced Alexander Hamilton introduced

the idea of a constitutional the idea of a constitutional monarchymonarchy

Far more conservative than the Far more conservative than the Virginia PlanVirginia Plan

This was calculated to help Va. This was calculated to help Va. PlanPlan

Connecticut Compromise Connecticut Compromise (Great Compromise)(Great Compromise)

Roger Sherman is the architect for Roger Sherman is the architect for this planthis plan

Have a Legislature where the Have a Legislature where the lower house was popularly electedlower house was popularly elected assigned delegates based on assigned delegates based on

population population House of RepresentativesHouse of Representatives

The Upper house would have The Upper house would have equal reps from each stateequal reps from each state The SenateThe Senate Elected by state legislaturesElected by state legislatures

Only need 50% of the vote to pass Only need 50% of the vote to pass legislationlegislation

Slavery – CompromisesSlavery – Compromises

The framers built slavery into the fabric of the The framers built slavery into the fabric of the governmentgovernment

However, they are careful to never use the term However, they are careful to never use the term “slavery” in the Constitution.“slavery” in the Constitution.

3/5 Compromise (Article 1, Section 2)3/5 Compromise (Article 1, Section 2) Slave Trade and Commerce Clause (Article 1, Section 9)Slave Trade and Commerce Clause (Article 1, Section 9)

These items would pose significant problems for those These items would pose significant problems for those trying to remove slavery in the future. trying to remove slavery in the future.

Differences Between Articles and Differences Between Articles and Constitution…Constitution… Passing LegislationPassing Legislation

Constitution – simple majority – easier to get things doneConstitution – simple majority – easier to get things done A of C – two-thirdsA of C – two-thirds

ExecutiveExecutive Constitution – a single President – not a lot of power at first (would get Constitution – a single President – not a lot of power at first (would get

stronger)stronger) A of C – No executiveA of C – No executive

Power of the Federal GovernmentPower of the Federal Government Constitution – potentially strongConstitution – potentially strong A of C – very weakA of C – very weak

Amendment processAmendment process Constitution – 2/3 of both houses of Congress + ¾ of State conventionsConstitution – 2/3 of both houses of Congress + ¾ of State conventions A of C – virtually impossible - need a unanimous voteA of C – virtually impossible - need a unanimous vote

ConstitutionConstitution The Constitution is a less democratic documentThe Constitution is a less democratic document Takes power away from common votersTakes power away from common voters More aristocraticMore aristocratic Creates a stronger federal government – this is a danger in the eyes of Creates a stronger federal government – this is a danger in the eyes of

manymany

Federalists vs. Anti-FederalistsFederalists vs. Anti-Federalists Anti-FederalistsAnti-Federalists

Opposed ConstitutionOpposed Constitution Patrick Henry – Virginia (“Give me liberty or give me Patrick Henry – Virginia (“Give me liberty or give me

death!”)death!”) More democraticMore democratic States rightsStates 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 Felt they didn’t need a strong government to protect

their intereststheir interests Less funded, less educated, less organizedLess funded, less educated, less organized

FederalistsFederalists Supported ConstitutionSupported Constitution Most of the distinguished people in the countryMost of the distinguished people in the country George Washington, John Adams, Ben Franklin, George Washington, John Adams, Ben Franklin,

Alexander Hamilton, John JayAlexander Hamilton, John Jay Well-funded, well-organized, politically experiencedWell-funded, well-organized, politically experienced Wanted a strong federal governmentWanted a strong federal government Wanted a strong executiveWanted a strong executive Wanted a government that was respected abroad and Wanted a government that was respected abroad and

at home at home put down insurrectionsput down insurrections Act decisively – even if done by sacrificing some Act decisively – even if done by sacrificing some

rightsrights

RatificationRatification Constitution was drafted and signed by 39 delegates on Sept 17, 1787Constitution was drafted and signed by 39 delegates on Sept 17, 1787 Some states were very pro-constitution and they ratified easily. Dec 1787-Jan Some states were very pro-constitution and they ratified easily. Dec 1787-Jan

17881788 DelawareDelaware PennsylvaniaPennsylvania New JerseyNew Jersey GeorgiaGeorgia ConnecticutConnecticut

Other states followed between Feb – Jun in 1788Other states followed between Feb – Jun in 1788 MassachusettsMassachusetts MarylandMaryland S CarolinaS Carolina New HampshireNew Hampshire

Final group of fourFinal group of four NY – July 1788NY – July 1788 Virginia – July 1788Virginia – July 1788 N Carolina – Nov. 1789N Carolina – Nov. 1789 Rhode Island – waited until May 1791 to enter the UnionRhode Island – waited until May 1791 to enter the Union

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 PapersFederalist Papers 85 pamphlets & essays supporting 85 pamphlets & essays supporting

the Constitutionthe Constitution Written by Alexander Hamilton, James Written by Alexander Hamilton, James

Madison, & John JayMadison, & John Jay Cited in Constitutional interpretation Cited in Constitutional interpretation

debatesdebates Lens into the ideas of the founding fathers Lens into the ideas of the founding fathers

Large government would provide Large government would provide stability and securitystability and security Federalist #10 – How to create a strong Federalist #10 – How to create a strong

government while preserving freedomgovernment while preserving freedom Federalist #51 – Separation of powers and Federalist #51 – Separation of powers and

checks and balanceschecks and balances

Bill of RightsBill of Rights Anti-federalists feared the new ConstitutionAnti-federalists feared the new Constitution

Did not protect the people against the central governmentDid not protect the people against the central government Needed a statement of individual freedomsNeeded a statement of individual freedoms Required to prevent the country from falling into tyrannyRequired to prevent the country from falling into tyranny

Federal Bill of Rights - #1 priority of the new Federal Bill of Rights - #1 priority of the new CongressCongress

Bill of Rights – Amendments 1-10 ratified December Bill of Rights – Amendments 1-10 ratified December 15, 179115, 1791

1) religious and political freedom, 1) religious and political freedom, 2) right to bear arms, 2) right to bear arms, 3) no quartering of troops, 3) no quartering of troops, 4) no search and seizure, 4) no search and seizure, 5) rights of accused, 5) rights of accused, 6) right to fair speedy trial, 6) right to fair speedy trial, 7) trial by jury for civil cases, 7) trial by jury for civil cases, 8) limit fines and punishments, 8) limit fines and punishments, 9) rights of the people, 9) rights of the people, 10) powers not in the constitution are controlled 10) powers not in the constitution are controlled

by the states by the states