Constitutional Convention 1787

Philadelphia Site of a convention called for the “sole and expressed purpose of revising the

Articles of Confederation”

The Delegates

• 55 members of the Convention• Represented only about 10% of the American

population (90% being small farmers, city workers, and frontiersmen)

• Notable Absentees– Patrick Henry “smelled a rat”– Thomas Jefferson – Paris– John Adams – London – The state of Rhode Island was not represented

The Delegates (con’t)

• The 55 men were primarily lawyers, landed, bankers, merchants

• Most had moderate to extensive political experience

• Reflected business and property interests

• Well educated in history, law, government

The Delegates (con’t)

• Outstanding Leadership– Washington – served as President of the Convention– Franklin – wisdom, respect, prestige, and clout to the

preceding – Alexander Hamilton – advocated a strong central

government; pushed hard for the abolishment of confederation government

– James Madison – Father of the Constitution• Scholar of government• Madison’s notes are invaluable to understanding the creation

of the Constitution (only holistic primary source)

Points of Agreement Among the Delegates

• The Articles of Confederation were inadequate – must be replaced

• An executive leader/ independent judiciary were necessary/ also a national legislature

• National government must have the power to tax, control interstate and foreign trade

• New government must have sole power to print money and raise a national, standing army

• Must be able to act directly with the people not indirectly through the states

• Agreed that the creation of a new government must be:– Strong enough to command respect from foreign countries– Restrained enough to avoid tyranny (protect citizens liberties

and private property)

Constitutional Compromises

• The Great Compromise– Tackled the issue of representation

• Resulted from the merging of the New Jersey and Virginia Plans

• Bicameral legislature– House based on population of each state

» Number determined by census taken every 10 years– Senate based on equal representation (2 per state)

Constitutional Compromises

• Three Fifths Compromise– Northern Proposal

• Slaves would be taxable property• Slaves would not be included in census counts

– Southern Proposal• Slaves be counted in census to increase

population counts (as a result, more representation in the House)

• Slaves would not be counted as taxable property

Constitutional Compromises

• Three Fifths Compromise – Three fifths (60%) of a state’s slave

population would count for taxation purposes as well as census counts

– The remaining two fifths (40%) would not be counted for either purpose

– In addition, the international slave trade would end in 1808 (death penalty offense)

• Congress was forbidden to interfere with slave trade until 1808 – South was appeased – Again!!

Constitutional Compromises

• Tariff Rates– Southern State opposed federal (national)

government’s power to levy tariffs– Northern states wanted the federal government

vested with the power to regulate navigation and protect shipping

– Compromise:• Federal government given the power to control foreign trade • Federal government given power to levy tariffs on imports but

NEVER exports (appeased the South – again!)

Constitutional Compromises

• Presidency– Delegates disagreed on the length of office,

compensation, and the method(s) of choosing the executive

– Compromise:• 4 year term• Elected through process known as the Electoral

College – not directly elected by people• President would be compensated for service

Ratification of the Constitution• Debate over Ratification

– Anti- Federalists• Farmers, small businessmen, city workers• Gave their loyalty to their states• Believed the Constitution favored the elite• Threatened the powers of the states• Greatly increased the likelihood of • No mention of God in the document – wanted religion incorporated• Standing national army/city threatened civil liberty and rights

– Federalists• People with business/property interests• Those who considered the nation more important than their states • Stronger central government would offer

– Stability (e.g. Shays’ Rebellion)– Maintain law and order– Furthering economic prosperity – Command respect abroad (consistent foreign policy)

Process of Ratification

• 9/13 states had to approve (ratify) the Constitution

• Each state held its own convention

• First states to approve were Delaware, New Jersey, Georgia (small states)

• Larger states were slower to ratify– Massachusetts (187 to 168), New York (30 to

27), Virginia (89 to 79) were critical

Preamble“We the People of the United States, in

Order to form a more perfect Union, establish Justice, insure domestic Tranquility, provide for the common defence, promote the general Welfare, and secure the Blessings of Liberty to ourselves and our Posterity, do ordain and establish this Constitution for the United States of America.”

Federalist Papers

• Authors: Jay, Madison, Hamilton• Pro-Constitution editorials to encourage

ratification of Constitution• The collection of essays became the

cornerstone of constitutional philosophy and principles

• Federalist Paper #10 (Madison) argued that America’s diversity and eclectic population was one of the greatest strengths of the nation.