"Scene at the Signing of the Constitution of the United States" by artist Howard Chandler Christy

The Constitutional Convention

Philadelphia’s State House, scene of the 1787 Convention

Delegates from 12 states met in Philadelphia in the summer of 1787• “for the sole and express purpose of revising the

Articles of Confederation.”• 74 delegates had been appointed• 55 eventually showed up• Noticeably absent were:

– John Adams – he was in London;• He’d written the MA Constitution, the state constitution that

corresponds most closely with the eventual US Constitution.

– Thomas Jefferson -- he was in Paris;– Patrick Henry – he “smelt a rat;”– Sam Adams – he was skeptical.

The delegates, despite their youth, had much experience.• Twenty-one had fought in the Revolution. • Nearly ¾ were in Continental Congress.• Many had been in state legs. and/or had helped

write state constitutions.• Seven had been state governors.• Eight had signed the Declaration.

• TJ, writing from Paris, called them an

“assembly of demi-gods.”

Among greatest contributors

• Madison – VA Plan; extensive research; extraordinary effort as note taker

• Washington – his presence, steadiness

• Franklin – his presence, endorsement

• Wilson – strong federalist; strong constitutionalist; anti-slavery but acquiesced, to promote union

The Federalists

James Wilson

George Washington

Alexander Hamilton

James Madison

Gouverneur MorrisHenry Knox

John Jay

Robert Morris

The “Nationalists” (later known as Federalists)

• favored stronger national government,

• were concerned about the dangers of democracy, feared the “mob”

• thought state legislatures had become despotic

Federalist Beliefs

• Civic Virtue of people cannot be relied on alone to protect rights and promote common good

• Shays rebellion--people are selfish • majority factions or self interested individuals will deny rights of

some and not promote common good

• The way government is organized will protect rights

• A strong National govt. with representation, separation of powers and checks balances is the best way to promote goals of republicanism

• Large size of nation will make factions weaker• Complicated law making system

States Righters

George MasonElbridge Gerry

Patrick Henry

Samuel AdamsGeorge ClintonRichard Henry Lee

The “Staters” (later known as anti-federalists)

• agreed the Articles needed modification

• argued for stronger states’ rights

• were more skeptical of strong national government

Anti-Fed Beliefs

• Republicanism BEST served by sticking to historical convention

• govt in small uniform communities, govt CLOSE to the people• Nurture and foster civic virtue• Legislature elected by the people• Legislative supremacy

• Republicanism WORST served by• Strong national govt, states too weak (exec. too strong;

Congress too strong cuz necessary and proper clause)• A government that serves a diverse nation• Officials removed from the people

Assumptions & Guiding Principles• Articles Of Confederation were inadequate

WHY?• Practice / experience / pragmatism over theory

or morality• Compromise between

– slavery and freedom– fear of mobocracy – belief in people’s capacity for (and right to) self-

government– States rights and central authority– Republicanism and national gov’t

• Natural rights

North-South Division• Madison noted on June

30 that real division was between N and S, slave and free states, not between large and small.

• But N. England shipping interests supported Deep South on issue of slave importation.

Oliver Ellsworth

The Great Compromise

• VA plan: two chambers, both based on population

• NJ plan: one chamber; equality of states

Compromise saved convention• Lower chamber (House) with representation

based on population (proportional)– Incorporated 3/5 clause

• Upper chamber (Senate) with equality for states

A Covenant with DeathAn Agreement with Hell

• Central questions: – Why did the framers agree to protect slavery in

the Constitution?– How do we reconcile this fundamental flaw in

the Constitution with• the grand principles of the Revolution and the

Constitution?• the enlightenment principles to which the founders

adhered?

– Were there other options?

Franklin, after the final affirmative vote, said to members sitting close by, as he gazed toward the President’s chair, beyond which a rising sun was painted, that

“painters had found it difficult to distinguish in their art a rising from a setting sun. I have said he, often and often in the course of the Session, and the vicissitudes of my hopes and fears as toits issue, looked at that behind the President without being able to tell whether it was rising or setting: But now at length I have the happiness to know that it is a rising and not a setting Sun.”

Final comment from Madison’s Preface:

“ . . . there never was an assembly of men, charged with a great & arduous trust, who were more pure in their motives, or more exclusively or anxiously [devoted to the object committed to them, than were the members of the Federal Convention of 1787, to the object of devising and proposing a constitutional system which would best supply the defects of that which it was to replace, and best secure the permanent liberty and happiness of their country.]”