Development of the
Constitution
Something Must Be Done


AOC stink
Annapolis Convention – 1786
Originally meant to discuss
trade regulations
 Only five states show up
 Representatives agree – Must
discuss strengthening the
government


Idea is popular among states
Background - The Constitutional
Convention of 1787



Met in Philly
Examine and recommend changes to the
existing Articles of Confederation
May – Sept 1787
Composition – Who was there?


Wealthy upper class,
white men
Selected by state
legislatures, not
popular vote






Notable names not
present



George Washington
Ben Franklin
Alexander Hamilton
James Madison
Roger Sherman
John Adams (minister
to England)
Thomas Jefferson
(minister to France)
Regardless, there was a
ton of political talent at
this convention
Virginia Delegation

Led by James Madison



Had every intention of
creating a new
constitution
This is Virginia’s mission in
Philadelphia
Virginia Plan


crafted by Madison
presented by Edmund
Randolph
Initial Decisions - The
Constitutional Convention of 1787





Presiding officer – George Washington –
Why?

_____________________________

_____________________________
Every state - one vote
Proceedings held in secret

Concerned newspapers would
criticize decisions
 Not democratic
The delegates want a government that
was …

Firm, dignified, respected at home
and abroad

Strong against instability at home
From the start, decided the A of C were
too flawed

Virginians set the tone - introduced
Virginia Plan

They weren’t authorized to change
AOC, but they did it anyway
Two Plans

Virginia Plan



Presented by Edmund Randolph – Gov from Virginia
Three branches – legislature strongest
Bicameral house


50% required to pass legislation
Strong federal government

Could veto state laws
Smaller states object since they would have no
influence
New Jersey Plan






Proposed by William Paterson – delegate
Presented as a series of amendments to the AOC
Unicameral house
Would create an executive, a judiciary, federal
taxes, federal regulation of trade


But would require a unanimous vote to pass these
taxes, trade regs
Larger states rejected since smaller states would
have equal power
Centrist View

The Virginia Plan became seen as a
centrist plan because


NJ Plan was a glorified A of C
Alexander Hamilton introduced the idea of a
constitutional monarchy
Far more conservative than the Virginia Plan
 This was calculated to help Va. Plan

Connecticut Compromise
(Great Compromise)


Roger Sherman is the architect for this plan
Have a Legislature where the lower house was
popularly elected



assigned delegates based on population
House of Representatives
The Upper house would have equal reps from
each state


The Senate
Elected by state legislatures

Only need 50% of the vote to pass legislation

Model for our legislature
Federalist/Anti-Federalist
Compromises


Independent v. Congressionally controlled judiciary
Executive Branch – Art. 2 – Series of compromises
 Should there be an Executive Branch? How many executives?
 Control foreign policy, but Senate had to approve all diplomats
and treaties
 President is C-in-C, but only congress can declare war
 Would there be a popular vote? - No way

The people are dummies

Birth of electoral college
Slavery – Compromises


The framers built slavery into the fabric of our government
However, they are careful to never use the term “slavery” in the
Constitution.
1.
2.

3/5 Compromise
Slave Trade and Commerce Clause
These items would pose big problems for those trying to remove
slavery in the future.

Differences Between Articles and
Constitution…
Passing Legislation
Constitution – simple majority – easier to get things done
 A of C – two-thirds
Executive
 Constitution – a single President – not a lot of power at first (would get
stronger)
 A of C – No executive
Power of the Federal Government
 Constitution – potentially strong
 A of C – very weak
Amendment process
 Constitution – 2/3 of both houses of Congress + ¾ of State
conventions
 A of C – virtually impossible - need a unanimous vote
Constitution
 The Constitution is a less democratic document
 Takes power away from common voters
 More aristocratic
 Creates a stronger federal government – this is a danger in the eyes of
many





Ratification Process



If two-thirds of the states ratify, the Constitution would go into effect
Every state had to go through a ratification process, hold a convention, and
elect delegates to the convention
This sets up two groups: the Federalists and the Anti- Federalists
Federalists –vs- Anti-Federalists


Anti-Federalists

Opposed Constitution

More democratic

States rights

Wanted strong local government, not fed government

Small farmers, small business people, artisans.

Felt they didn’t need a strong government to protect their interests

Less funded, less educated, less organized
Federalists

Supported Constitution

Most of the distinguished people in the country

George Washington, John Adams, Ben Franklin, Alexander Hamilton, John Jay

Well-funded, well-organized, politically experienced

Wanted a strong federal government

Wanted a strong executive

Wanted a government that was respected abroad and at home

put down insurrections

Act decisively – even if done by sacrificing some rights
Ratification





Constitution was drafted and signed by 39 delegates on Sept 17, 1787
Some states were very pro-constitution and they ratified easily. Dec 1787-Jan 1788
 Delaware
 Pennsylvania
 New Jersey
 Georgia
 Connecticut
Other states followed between Feb – Jun in 1788
 Massachusetts
 Maryland
 S Carolina
 New Hampshire
Final group of four
 NY
 N Carolina
 Rhode Island
 Virginia
Why was 9 of 13 states, as Article VII stated was required, insufficient?
Federalist Papers

85 pamphlets & essays supporting the
Constitution


Cited in Constitutional interpretation
debates


Written by Alexander Hamilton, James
Madison, & John Jay
Lens into the ideas of the founding fathers
Large government would provide
stability and security


Federalist #10 – How to create a strong
government while preserving freedom
Federalist #51 – Separation of powers and
checks and balances
Bill of Rights

Anti-federalists refused to sign the Constitution




Anti-federalists tried to influence state ratification
processes by writing pamphlets and newspaper articles



Did not protect the people against the central government
Needed a statement of individual freedoms
Required to prevent the country from falling into tyranny
They would often take on pseudonyms of the Roman Republic,
like Brutus
Some argued that the federal government would degenerate
into a tyrannical entity
Federal Bill of Rights - #1 priority of the new Congress