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)
2)
3)
4)
of national government
of masses/common people
of large states
of factions
Constitutional mechanisms to control the danger
of different types of tyranny
Philadelphia Convention
• “For the sole and express
purpose of revising the
Articles of Confederation”
• Did NOT do this; created a
brand new constitution
Constitutional
Convention
Philadelphia 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
x
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
Framers on Slavery
“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
George Washington
Framers on Slavery
“Slavery is such an atrocious debasement
of human nature.”
Served as President of Pennsylvania
Abolition Society
Benjamin Franklin
Framers on Slavery
“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.”
Gouverneur Morris, Pennsylvania
Framers on Slavery
“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.”
Thomas Jefferson
(not in Philadelphia)
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
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
x
2) Slavery
x
3) Nature of national government
Nature of National Government
1) Bill of Rights
2) Federalism
3) Separation of Powers/Checks and Balances