The Philadelphia Convention

AP GoPo fall 2008

The Philadelphia Convention

The Framers: those individuals who were actively involved in the drafting of the Constitution

The Framers (delegates) were professional people and property owners.

Some were nationally and internationally respected

Many had experience with governing in state or colonial capacities.

Who were they?

George Washington: hero of the Revolutionary War, presided over the convention which added instant prestige

Benjamin Franklin: internationally known scientist and philosopher, also added luster

James Madison of Virginia: provided the diary (journal) that is our best record of events

Who else?

Jefferson and Adams were not at the Constitutional Convention because they were serving the United States abroad as ambassadors.

John Locke: well at least in theory!

All of the states except for Rhode Island

Motives of the Framers

Historians view the Framers as wanting a republican form of gov’t (representative democracy) that would take public input and translate that input into public policy. It was clear that most delegates wanted to put an end to British rule

Motives Cont…

Historians have further suggested that the Framers wanted a strong national gov’t to protect their own financial interests. Others, of course have disagreed, saying that such suggestions are unprovable and unfairly impugns the motives of the Framers. The delegates however, did have a cynical view of human nature, ie, that human beings are selfish and greedy (gee, who does this sound like?) The Framers, like John Locke, believed that a major source of political conflict was the unequal distribution of property.

Motives Cont…

Some suggest that the strong national gov’t was to be a hedge against rule by mob, that majority rule and popular democracy might generate. Examples:

Slavery, being permitted, was not democraticStates could determine who could vote, and excluded blacks and womenSenators were chosen by legislatures rather than by direct electionElectors choose the president, not the votersThe Framer’s feared rule by the property-less classes

Organization and Procedure of the Convention

George Washington was elected president of the conventionProcedurally, each state could cast one vote on an issue, and a majority of votes were needed to carry any proposal. Rule of secrecy in effectJames Madison kept notes and was held in highest esteem. He became a floor leader and deservingly earned the title of “Father of the Constitution.”

The Decision to Write a New Constitution

The Philadelphia Convention was called to revise the Articles of ConfederationMost delegates agreed that writing a new constitution was necessaryEdmund Randolf of Virginia moved that a national gov’t be established consisting of the three branches of gov’t which would be supreme over state gov’ts in national matters. With that, the convention moved from revision to drafting a new constitution

Sources…..

First, the Framers were all well educated

Delegates drew from history, current political thought, and from their own experiences. Major sources of ideas for the constitution included political writings of John Locke, British tradition and colonial experiences.

Much of the language came from the Articles. A number of provisions came from state constitutions

The Virginia Plan

The plan called for a strong National Government with three separate branches. Madison’s plan for a National Government with greatly expanded powers

Legislature would be bicameral: 2 legislative houses, representation based on population or on the amount of money a state gave to support national gov’tMembers of the HOR elected by popular vote. Senate chosen by the HOR from lists of persons nominated by the state legislatures. The Constitution originally provided for the direct popular election of ONLY the HOR

The Virginia Plan

It favored large states because the number of votes in the legislature would be based on a state’s population

Congress would choose a national executive and a national judiciary

The New Jersey Plan

The New Jersey Plan resembled the Articles of Confederation, but with increased power of the Federal government to tax and regulate tradeIt favored small states because each state was given equal representation in the legislaturePaterson’s plan for a National Gov’t, which greatly resembled the Articles of Confederation

The Connecticut Compromise (Great Compromise)

Disagreement over representation in Congress ultimately cause tempers to flare

The Connecticut Compromise settled the conflict:

Called for Congress to be composed of 2 houses. Equal representation in the Senate. HOR based on population

Often called the Great Compromise in that it settled a primary dispute. It resolved the impasse between the Virginia and New Jersey Plans

The Three-Fifths Compromise

The question arose of whether slaves should be counted in the population of southern states.

South obviously wanted them to be countedNorth didn’tWHY???

Delegates agreed to count slaves as 3/5 of a person for representation and taxation.Consequently it satisfied the South’s desire to inflate the population count of their states

The Commerce and Slave Trade Compromise

Congress was forbidden to tax exports. Southerners feared taxation on tobacco exports. It was a plan to satisfy Southern fears that the Federal Gov’t might be funded through export duties

Congress could not act on the slave trade for at least 20 years

A “Bundle Of Compromises”

Great differences of opinion existed among the delegatesCompromise was necessary on many issuesFramers agreed on many basic issues, eg, central gov’t, popular sovereignty, limited gov’t, representative gov’t, separation of powers, and checks and balances

Left uncovered: “Great Silences of the Constitution”

Abolition of slavery left for another time. The only specific mention of slavery was with respect to the Three-Fifths CompromiseFull scope of national powers was NOT explicitly spelled outWho should decide if things are constitutional? (no judicial review)How should the president be advised? (no privy council or cabinet)Not defined was the role of political parties, the bureaucracy or the formation of congressional committees or the concept of congressional seniority, the establishment of a post office, creation of interstate highways, nor the right to an abortion.

The Convention Completes its Work

The convention approved the Constitution

Most delegates agreed that the Constitution was not perfect, but was the best that they could produce

In Benjamin Franklin’s judgment, the Constitution was imperfect, but none better could be framed

Ratification

Remember that under Articles of Confederation, a unanimous vote of the states was required to change it

For the new Constitution, only needed 9 states (2/3). Not a simple majority!

The new Constitution gave the central gov’t more economic powers to resolve the economic chaos of the time period

Ratification

Federalists favored ratification, stressing the weaknessess of the Articles of Confederation

James Madison and Alexander Hamilton

Wanted more federal power

Feared that if this new constitution did not pass, the old system would yield anarchy

Hamilton, Madison, and Jay published more than 80 letters to the editor under the pseudonym Publius in defense of key parts of the Constitution (now known as the Federalist Papers)

Ratification

Anti-Federalists opposed it, attacking the ratification process, the absence of mention of God, the denial to the states of a power to print money. Ultimately, they wanted less federal power.

Believed that the new gov’t was an enemy of freedom (designed to five control of the gov’t to a rich elite), that the new Constitution was a class-based document, and that the new gov’t would erode fundamental libertiesFelt that the Convention exceeded its mandate to revise the ArticlesWould not support a new Constitution without a Bill of RightsIncluded notable figures such as Patrick Henry, john Hancock and Samuel Adams

2 future Presidents, Jefferson and Monroe

Ratification

Debate about ratification involved the following objections, among others:

The increased power of the central gov’t (major objection)The Constitution lacked bill of rights (major objection)God was not mentioned in the documentThe Constitution did not allow states to print money, to place duties on imports from other states, to interfere with lawfully contracted debts and to harbor runaway slaves.

Ratification

Free speech, free press, and freedom of religion were NOT explicitly guaranteed during the ratification process.Ratification of the Constitution was done by special conventions in each state. Success was achieved when Virginia and New York ratified the document in the summer of 1788

Inauguration of the New Government

The new gov’t assembled in its temporary capital, New York City, in March 1789.

Moved to Philadelphia in 1790

Moved to D.C in 1800

April 1789, George Washington was elected President of the United States