Presentation by Dr. Kevin Lasher

Articles of Confederation: Weaknesses

• No executive/no courts

• No power to tax

• No power to regulate trade

• 9/13 states to pass laws; 13/13 states to amend document

• AOC system created very weak central government

Shay’s Rebellion

• Farmer-led uprising in Massachusetts which showed the turmoil that existed in the new United States

• More evidence of “failure” of AOC

Philadelphia Convention

Constitutional Delegates and Tyranny

• Tyranny – absolute power, especially when exercised unjustly or cruelly

• Unfair, unjust, abusive government

Constitutional Delegates and Tyranny

1) of national government

2) of masses/common people

3) of large states

4) of factions

Constitutional mechanisms to control the danger of different types of tyranny

Constitutional Convention

• “For the sole and express purpose of revising the Articles of Confederation”

• Did NOT do this; created a brand new constitution

Founders/Framers

• George Washington and Benjamin Franklin for prestige

• Alexander Hamilton limited because other NY delegates left

• James Madison is “father of Constitution”; “stenographer; moving force behind proceedings; author of Virginia Plan

Founders/Not Framers

• Thomas Jefferson in France

• John Adams in England

• Samuel Adams not chosen

• John Hancock not chosen

• Patrick Henry refused to attend; he “smelled a rat”; became leading anti-Federalist

Constitutional Delegates

Elite of fairly wealthy white men

Pragmatic men who had served in national, state, colonial governments

Goal was to create a “workable” new Constitution

Three Areas of Conflict

1) Representation

2) Slavery

3) Nature of national government

Representation

Two blueprints

1) Virginia Plan (Madison’s plan)

2) New Jersey Plan (small state plan)

Representation

Detailed but incomplete proposal for new constitution

Virginia Plan

Representation

Detailed but incomplete proposal for new constitution

New Jersey Plan

Representation

Bicameral legislature with Both chambers to be based on proportional representation

Representation

Retain unicameral legislature with equal representation (one state, one vote)

Representation: Great Compromise

House of Representatives based on proportional representation

Senate based on equal representation (one state, two senators)

Representation: Great Compromise

Completely practical solution which took two months to achieve

Convention almost broke up over this issue

Three Areas of Conflict

1) Representation

2) Slavery

3) Nature of national government

Slavery: Facts

• 700,000 slaves out of total US population of 4 million in 1790

• Northern states end slavery between 1777 and 1804

• Slavery banned in Northwest Territories (Ohio, Michigan, Illinois, Indiana, Wisconsin) in 1787

• Virginia, Maryland and Delaware make it easier to free slaves in 1780s

• Virginia tries to ban slavery twice (1778 and 1796) but fails to do so

• New state of Kentucky tries to ban slavery in state constitution in 1792 but fails to do so

• Slave trade outlawed in all states by 1800

George Washington

“There is not a man living who wishes more sincerely than I do to see some plan adopted for the abolition of it.”

Freed his slaves upon his death

Framers on Slavery

Benjamin Franklin

“Slavery is such an atrocious debasement of human nature.”

Served as President of Pennsylvania Abolition Society

Framers on Slavery

Gouverneur Morris, Pennsylvania

“I never would concur in upholding domestic slavery. It was a nefarious institution. It was the curse of heaven on the states where it prevailed.”

Framers on Slavery

Thomas Jefferson (not in Philadelphia)

“The whole commerce between master and slave is a perpetual exercise of the most boisterous passions, the most unremitting despotism on the one part, and degrading submissions on the other. … Indeed, I tremble for my country when I reflect that God is just: that his justice cannot sleep forever.”

Framers on Slavery

Most Framers understood that the institution of slavery directly violated the ideals of the American Revolution

Existence of a “modest” anti-slavery mindset

Strong abolitionism appears in 1830s

Framers on Slavery

Actions on Slavery

• 3/5 Compromise – slaves counted as three-fifths of a free person for purposes of representation

• Language on return of runaway slaves

• No federal action on slave trade until 1808

• Supports the institution of slavery

• Does nothing to control, limit, or eliminate the institution of slavery

Actions on Slavery

WHY ?

Actions on Slavery

• Southern delegates would leave convention if any action taken on slavery

• Many Framers sincerely believed that slavery was a dying institution (a reasonable assumption in 1787)

• Cotton gin and cotton production (1790s) strengthens slavery

• Leave question of slavery for future generations

• “Modest” anti-slavery mindset

Three Areas of Conflict

1) Representation

2) Slavery

3) Nature of national government

Nature of National Government

1) Bill of Rights

2) Federalism

3) Separation of Powers/Checks and Balances