The Framing of the ConstitutionBy

Mr. Owens

Crash Course 8: The Constitution

Essential Questions• What were the key compromises of during the

Constitutional Convention? What were the key elements including separation of powers and federalism?

• What were the key decision reached on slavery and the slave trade in the Constitution?

• What were the key arguments in support of ratification made by the Federalists featured in the Federalist Papers, and what were the key arguments of in opposition from the Anti-Federalists? What were the key elements of the Bill of Rights and how did it serve the ratification process?

Advocates for Centralization1. Society of Cincinnati - “Newburgh

Conspiracy” 2. American manufacturers - tariffs3. Merchants - uniform economic

policy4. Land speculators - Indian

protection5. Creditors - end states printing $6. Investors - fund the debt - taxes?7. Large Property Owners -

protection from mobs• Annapolis Convention in 1786

only 5 states sent delegates, Alexander Hamilton & James Madison persuaded others to agree to convention in Philadelphia in 1787

Constitutional ConventionPhiladelphia, 1787

• 55 Delegates from all states except RI – all white, educated, relatively wealthy, males

• George Washington chairperson, Benjamin Franklin (81) elder statesman

• Drafters: Madison, Hamilton, Gouverneur Morris, John Dickinson• Missing: John Adams, Jefferson, Paine abroad, Samuel Adams & John

Hancock not chosen, Patrick Henry opposed federal power.

Key Issues1. Representation: Small States vs. Large States,

Virginia Plan (Madison) favored large, New Jersey Plan (William Peterson) favored small

– Connecticut Plan (Great Compromise) Roger Sherman 2 Houses – Senate based on equality, House of Representatives based on population.

2. Slavery: 3/5th Compromise for taxes & representation, slave trade could not be abolished for 20 years (1808), fugitive slave clause

3. Trade: Commercial Compromise = Congress can regulate interstate & foreign commerce including tariffs on imports, banned taxes on exports & limit $10 tax on imported slaves

4. Executive: President term limited to 4 years fearing tyranny

– Electoral College system: fearing too much democracy & “mob rule”

– Powers debated: ultimately strong powers including veto

The Document• Separation of Powers:

– Federalism - powers divided between federal, state, local government (Montesquieu)

– Checks and Balances (David Hume) branches of government check each other

• Question of Sovereignty - State vs. National? - power to the people

• Supreme law of the land - no state had power to defy Constitution

• Expanded power - to tax, regulate commerce, control currency, pass laws

• Art. I Sec. 8, Clause 18- “Necessary and Proper” or “Elastic Clause”

• Fearing “Mob Rule” Electoral College & only House of Representative directly elected by the people

Federalists• Lead by Hamilton, Franklin, Washington

with support from Madison and John Jay• More support along Atlantic Coast & large

cities• Wrote Federalist Papers 85 Essays

“Publius”supporting ratification • Argued for strong central government for

order & to preserve union• Fear of Anarchy and chaos• Fear of unchecked power of the masses

Anti-Federalists• Lead by George Mason (VA) others not

present including Thomas Jefferson, Patrick Henry, John Hancock & George Clinton (NY)

• Supported a reformed Articles of Confederation w/ limited power, power should lie with the states and individuals

• Strong central government would destroy work of Revolution, limit democracy and states’ rights - Need for a Bill of Rights

• Believed to represent the common man and as true defenders of the Revolution

• Constitution favored the elite in society• Poorly organized & slow to respond to

Federalists

Ratification & Bill of Rights• 9 of 13 States needed to ratify in state conventions• Promised to add Bill of Rights and leadership of Washington, Madison,

& John Marshall passage in VA, Hamilton in NY in 1788 (NC & RI after in 1789 &1790)

• Bill of Rights: Anti-Federalists argued necessary to protect against tyranny, Federalists argued unnecessary since chosen by the people, and may limit rights but conceded for Ratification

• Congress adopted Bill of Rights (First Ten Amendments) in 1789 led my James Madison (Speaker of the House), ratified by states by 1791