The Constitutional
Convention
From Articles of Confederation to Constitution
The Critical Period
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The 1st and 2nd Cont. Congress were formed in a
hurry and with no legal base. Something more
permanent was needed.
After 17 months, on November 17, 1777 they
approved the Articles of Confederation.
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The A of C established a “firm league of friendship”, but
every State kept “its sovereignty, freedom, and
independence…”
The Articles did not go into effect immediately, the
ratification (or approval) process was needed
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Eleven states agreed within the first year.
Delaware was first, in Feb 1780.
Maryland was last on March 1,1781, and
the Articles were declared effective on that
date.
The Articles of Confederation
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Government Structure
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Congress was unicameral, delegates chosen
yearly, each state had one vote, delegates would
choose the leader of the Congress
Powers of Congress
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Make war and peace, make treaties, send and
receive ambassadors, set up money system,
establish post office, set up a navy, settle
disputes between the states, and fix a system of
weights and measures
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State Obligations
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States would provide the funds and troops
requested by the Congress, treat citizens of the
other states equally, allow open trade,
Weakness
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Congress did not have the power to tax, regulate
trade between the states, changes to the Articles
would require the approval of all 13 states
The Critical Period, the 1780’s
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Chaos soon emerged
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States heavily taxed one another’s goods, set up
alliances with foreign nations, set up their own
militaries, economic chaos as debts went unpaid.
Rebellions emerged.
A Need for a Stronger Government
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Mount Vernon
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Maryland and Virginia,
disputing over trade,
agreed to a conference
on their trade problems at
George Washington’s
home in Mt. Vernon.
The meeting was such a
success, that the VA
General Conference
called for a meeting of all
of the states to discuss
their problems.
Creating the Constitution
Setting the Scene:
It’s sweltering hot, the
windows are kept
closed to keep out
eavesdroppers, soldiers
keep onlookers at a
distance, the men
inside the hall are
tense. Some threaten
to leave the hall, and
indeed some did…
The Framers
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Twelve of the thirteen states (all but Rhode Island)
sent delegated to Philadelphia for the
Constitutional Convention.
74 delegates were chosen, 55 attended, and these
are known as the Framers.
Many had fought in the Revolution and most had
been members of the Cont. Congress, some were
state governors, eight had signed the Dec. of
Independence.
The average age of the men was 42, most were in
their 30s, Ben Franklin was the oldest at 81.
Patrick Henry refused to attend, Thomas Jefferson,
Thomas Paine, Sam Adams, and John Hancock
were either not selected as a delegate or out of the
country
Organization and Procedure
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Working in Secrecy
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George Washington was selected as the
President and the Congress met in the same hall
that the Declaration was signed.
The delegation caused much public attention and
speculation, so to protect from outside pressure,
the Framers decided to keep the whole thing
secret.
James Madison kept a journal of the event, and
much of what we know is in thanks to him.
The Framers agreed that they needed a national
government that consisted of a legislature,
executive, and judiciary.
The Virginia Plan
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Put forth by James Madison
Called for 3 separate branches of
government
Bicameral legislation
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Based on population/how much money it gave to
the central government
House of Representatives would be popularly
elected
Senate would be chosen from the State
legislatures
The New Jersey Plan
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Put forth by William Paterson
An alternative of the VA Plan
Unicameral legislation which each state is
equally represented
Compromises
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The Connecticut Compromise- agreement that in
the Senate the states would be equally
represented and in the House the representation
would be based on population
The 3/5s Compromise- a slave counts as threefifths of person when determining the population of
a state
The Commerce and Slave Trade Compromiseprotected slave owners, denied Congress the
power to tax exports of any state, and for 20 years
the power to act on the slave trade
Sources of the Constitution
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William Blackstones’s Commentaries
on the Laws of England
Montequieu’s The Spirit of the Laws
Jean Jacques Rousseau’s The Social
Contract
John Locke’s Two Treatises of
Government
The Convention Completes its Work
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September 17, 1789 the convention
approved its work and 39 names were
placed on the finished document.
(41 delegates were present- three refused
to sign)
The Constitution
Ratifying the Constitution
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Today the Constitution
is well-respected. But
in 1787 and 1788, it
was widely criticized
and many people
opposed its adoption.