Creating the Constitution

The Weak Articles• By mid-1780’s, two

schools of thought have emerged…– Articles are okay… can

be slightly revised/amended.•Afraid that “freedom” and “democratic gains” would be lost with a stronger federal government.

•Supported by Henry, Adams, Clinton

– Articles are not doing the job•Need stronger national government

•More prestige; power•Supported by Jay, Hamilton, Madison

• Congress realizes there is an immediate need for a stronger national government following Shays’ Rebellion

Starting From Scratch• May 1787 –

Convention is called with the intent to suggest changes to the Articles.– Led by Alexander

Hamilton– Immediately decide

to draw up a new document.•Property holders and wealthy are largest supporting group.–Want strong nation to protect their wealth and other interests.

Constitutional Convention• Never before or after will

there be as many strong political talents in the same room.– An assembly of “demi-

gods.”•Benjamin Franklin, James Madison, Alexander Hamilton, John Dickinson

– 55 delegates from 12 states (Rhode Island)

• George Washington selected as President of the Convention.– Believe is that if

Washington is there, there will be no undermining the Revolution.

• Convention will meet in secrecy behind closed doors; then release the document.– Who’s not there?

•John Jay, John Adams, Thomas Jefferson, Thomas Paine, Patrick Henry

Changes to Legislative Branch

• Debate breaks down between large states (NY, VA) and small states (MD, NJ)– New Jersey Plan

•Desire Unicameral Congress–1 state = 1 vote–Much like Articles

– Virginia Plan•Desire Bicameral Congress–Representation should be based on population.

• Almost give up compromising several times.

Changes to Legislative Branch cont…

• Connecticut Compromise or Great Compromise–Upper House

(Senate) has two representatives from each state.

– Lower House (House of Representatives) has representatives based on population.

Changes to Executive Branch

• Desired one individual as chief–King?

President?•Electoral College–Did not want

people to have direct vote

– Too much democracy = mob rule

The Issue of Slavery• Southern states

wanted slaves counted as population.– Not fair to North.– 3/5 Compromise

•Slave counts as 3/5 of a person in terms of population totals.

• Slave Trade Compromise– Foreign slave trade can

be outlawed in 20 years.•Will be abolished in

1808.

Establishment of Federalism• Federalism

– Power is split between the national and state governments.

• Reserved Powers– Powers explicitly left to states

• Delegated Powers– Powers given to national government

Ratification• Decision is made

that if 9 of 13 states approve, it should go into effect.

• Anti-Federalists–Against

Constitution• Federalists– For Constitution– Federalist Papers

•Alexander Hamilton, James Madison, and John Jay wrote series of papers in New York supporting the Constitution.

Ratification continued….• Every state is supposed

to call a convention to vote for or against.

• Critics of Constitution argue there are no guarantees of personal rights.– Will only support if a

Bill of Rights is added•Jefferson, Mason were very insistent.

• Mid 1788 – Constitution is ratified– All states ultimately

approve• 1791 – Bill of Rights is

added.