XXIII. The Constitution
A. The Potomac River controversy
1. the Maryland charter gave them no rights to the Potomac R.
2. Virginia border was the north shore of the river
3. Virginia river boats prohibited docks on the Maryland side
4. 1785 shots fired over the issue
5. Potomac Convention at Mt. Vernon settle dispute
6. states agree to meet next year at Annapolis, Maryland
B. Annapolis Convention, 1786
1. aim to improve commercial relations among the states
2. only five state represented
3. all delegates are federalists
4. call for another convention
D. Grand Convention (May 1787)
1. Washington nominated Chairman
2. meet behind closed doors
a. needed for compromise
b. Ben Franklin worried about secrecy
3. Delegates
a. 12 states eventually represented
b. 73 delegates total but rarely more than 55
c. Many popular leaders not there
i. Sam Adams, Thomas Jefferson, Thomas Payne
ii. Patrick Henry, "I smell a rat"
e. delegates all upper class, believed in natural aristocracy
f. average age 42, one only 26
g. 34 lawyers, 18 farmers (2 small scale), 15 businessmen
h. 1/2 college graduates or equivalent
4. never voted
a. need instructions from legislature
5. James Madison took notes
6. The Virginia or Randolf plan
a. strong central government to protect
b. could sponsor national works
c.VA, MA & PE biggest states supported
i. believed they would control government
ii. bicameral legislature based on population or wealth
iii. lower house voted by general population
iv. upper house voted in by lower house -natural aristocracy
v. in committee decided for popular vote for both houses
7. New Jersey Plan
a. New Jersey threatens to secede if Virginia plan adopted
b. called for amendments to the articles of confederation
i. necessary provisions to admit new states
ii. more power to regulate interstate commerce
c. strong states rights plan
8. Compromise committee with one delegate from each state
a. Next day Franklin argued for bicameral legislature
i. first based on one type of representation
ii. second based on an equal voice to the smaller states
b. Allegiances shifted, small states for strong national gov.
c. large states worried about loosing power
10. Slavery
a. how should slaves be represented in legislature 3/5th rule
b. Most felt slavery was a dying institution
c. Delegates on both sides threaten not to sign
d. Issue postponed to avoid alienating south
e. Decided to abolish slave trade in 1808
i. Virginia had largest amount of slaves
ii. New England gets navigation acts majority
iii. SC & GE taxes on population & no export tax
11. Constitution Vague
a. Article 6 says "Supreme Law of the Land“
XXIV. Ratification
A. Quick ratification by a few states
1. Delaware - farm land with little population, needed support
2. New Jersey - battleground of Revolutionary War
a. susceptible to war or invasion
b. no good ports, needed interstate commerce rights
3. Georgia - always at war or preparing for war with Indians
4. Pennsylvania - had most of the banking and money interests
a. no national bank in constitution
5. Connecticut, Maryland and S.Carolina eventually support it.
6. NH, 9th state, 2/3 needed, 6/21/1788
B. Still key states opposed ratification.
1. Virginia
a. Virginia ratified it a few days after N.H.
b. Patrick Henry demanded Bill of Rights
2. New York might reject Constitution
a. Federalists vs. Anti-Federalists
i. Federalist Papers
ii. Alexander Hamilton, John Jay and James Madison
iii. supported Constitution and strong central government
b. New York City threatens to secede from state
3. North Carolina votes for the Constitution after everyone else
4. Rhode Island only state able to stand on their own
a. Many believed if out, would act as smuggling station
b. Washington threatens barricade of state
c. Providence threatens to secede
d. joined the union on May 29, 1790
C. Bill of Rights
1. Madison opposed, argued if you list rights you limit them
2. MA voted for ratification believing Bill would be added
3. Twenty amendments, whittled down to 12
4. 10 ratified by 1791 and added to Constitution as addendum
5. 27th Amendment (Madison Amendment) ratified in 1992