Ch. 6
The Constitution
The Weak Confederation
• Problems with the Articles
– Barely approved the Treaty of Paris with Great Britain
• Couldn’t effectively enforce foreign aspects of the Treaty
– Almost didn’t have a quorum to approve the Northwest
Ordinances regarding territory acquired through the
treaty.
• Only 8 states even voted
– Couldn’t regulate international trade, hurt merchants
• Positives
– They won the Revolution with it
– Most people liked the idea of strong government in
each state.
Calls for Reform
• Even supporters of the Article agreed changes
needed to be made, how drastic though?
• Alexander Hamilton
– Political and Economic genius, New York lawyer
– Led the charge for reform and convinced James Madison
to sell the idea to Virginia Legislature
• Reform gains credibility
– They needed George Washington’s support in order for
all states to get involved
– Shays’s Rebellion convinced even Washington that the
time had come.
The Constitutional Convention
• Met in Philadelphia from May to September 1787
• 55 delegates from every state except Rhode Island
– Washington was unanimously chosen as President of
the Conference
– John Adams was in England for diplomatic reasons
– Jefferson was in Paris also
– Patrick Henry refused to attend, he fully supported the
Articles
• Each state would only have one vote on issues
regardless of the number of delegates.
Convention Continued
• While they initially met to investigate changes to
the articles, it was soon decided to simply create
an entirely new Constitution
• They met in secrecy, not allowing the opportunity
for outside influence
– The journal entries of James Madison serve as the only
written documentation of the meetings.
• Virginia had the most prepared group of delegates
– James Madison arrived with a plan already prepared.
– His “Virginia Plan” devised most of what is today‘s
American government.
The Virginia Plan
• Called for Three separate Branches of
Government
– Legislative Branch: consisted of a two House Congress
where each state represented according to population
– Executive Branch: led by a President who enforced
Congressional laws.
– Judicial Branch: Supreme Court to approve laws and
enforcement.
• The plan greatly favored larger states
• Under the design, some smaller states wouldn’t
have any representation in upper house of
Congress.
The New Jersey Plan
• More closely resembled the Articles
– Called for a One House legislature where each state
would have equal representation.
• Major changes:
– Congress could now have the ability to tax the people
directly
– Congress could regulate international trade
– Only “Federal” government could print currency
• Larger States did not like the New Jersey Plan
The Great Compromise
• Committee led by Ben Franklin to devise a
solution since the Convention was about to fall
apart.
– They devised the Connecticut Compromise, because it
was proposed by Roger Sherman of Connecticut
– Better known as Great Compromise.
• Resembled much of the Virginia Plan
– Two House Congress
• Senate –upper house of Congress and each state would have
TWO Senators, thus equal representation
• House of Representatives –lower house where each state’s
representation depended upon population
The 3/5 Compromise
• Southern states wanted to count their slaves to
gain representation in House of Reps.
• Northern States opposed this idea
– Slaves were considered property, they couldn’t vote,
hold land, nor were they citizens
– Northern states didn’t have them
• Compromise allowed them to count 3 of every 5
slaves, thus pacifying southern states, but not
completely giving in.
Sovereignty and Separation of Powers
• The most important issue became the question of
Sovereignty
– Who had more power, state governments or Federal
• Result was to give the most power to neither
– All power would derive directly from the people.
– All levels of government would be subject to vote form
the people.
• Preamble confirms the idea
– Written by Robert Morris
– Begins with “We the People… “ for a reason
Distribution of Powers
• Most distinctive feature of the Constitution
• Constitution is “Supreme Law” of the land, and no
single state could defy it.
– Federal Government had broad powers
• Expressed or Implied Powers: Power to tax, regulate
commerce, regulate currency, and pass any law necessary
and proper for it to carry out duties.
– Recognized individuality of each state
• Reserved Powers: Allowed for each state to retain power,
jurisdiction, and rights not expressly delegated to Federal
government.
Distribution of Power Cont.
• Complex passage of laws through Congress
– Senate and the House had to approve laws separately
– Each with members selected differently and with
different terms to ensure no faction could dominate
the process.
• Emphasis placed on taking every precaution
against possible tyranny
Checks and Balances
• President (Executive Branch) had to agree to any
laws passed through both Houses by signing it
– President could veto any bill by refusing to sign
• Congress could override any Presidential veto
with a 2/3 majority vote.
• Federal courts would be responsible to interpret
the Constitution and prevent the passage of any
law or enforcement deemed unconstitutional.
• President appointed all federal judges, and
Senate had to approve them
– Judges are the only members of Federal government
not elected by the people with life terms.
Ratification
• Convention members were concerned states
would reject the new Constitution
– They exceeded what Congress authorized them to do
• Each state would be instructed to hold individual
Conventions to consider it
– Legislatures would not be involved
• Ratification would require 9 of the 13 states
– The Articles required all 13
• No changes, or “amendments” could be made
until after it was ratified.
Federalists vs. Anti-Federalists
• Federalists – those in support of the new
Constitution and a stronger national government.
– Radical new ideas, but supported by the most
prominent Americans like Washington & Franklin
• Federalist Papers – series of essays defending the
Constitution and explaining its merits
– Published in pamphlets and papers throughout the
states, especially ones like New York where ratification
was in doubt
– Written predominantly by Alexander Hamilton, James
Madison, and John Jay under the pseudonym “Publius”
Anti-Federalists
• Opponents of the new Constitution
– Felt it betrayed many of the principles of the
Revolution
– Allowed the opportunity for a government to become
tyrannical
– Would increase taxes
– Favor wealthy over majority
• Largest Complaint:
– No Bill of Rights specifically outlining individual
guaranteed rights.
• Read Page 167 (Debating the Constitution)
Constitution Ratified
• Winter 1787-1788: States bitterly, but quickly
debated the new document
– Delaware was the first to ratify, soon followed by
many others
– By June 1788 New Hampshire became the 9th state to
ratify, thus making it official
• Concern still grew with New York and Virginia in
debate
– With ratification from those two later in the month
Americans became more confident in the new
Constitution.