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The
Constitutional
Convention
The Real Revolution
• More than a war for
independence…”radical
change in the principles,
opinions, and sentiments,
and affections of the people”
• Legitimate government=
consent and written
constitution
• 1776- eight states adopted written constitutions
(Connecticut and Rhode Island relied on previous charters)
• Most state’s constitutions had a bill of rights and most
placed the highest political power in the hands of
representatives (legislatures)
• The eleven years between the Declaration and the
signing of the Constitution were years of turmoil,
uncertainty, and fear:
– Waged war without strong national government
– Ran low on money and supplies
– Many parts of the nation were in shambles
– British still powerful in
North America
– Spain claimed the
Mississippi , Florida and
California
– Soldiers returned to the
farms to discover
themselves in debt with
no money and heavy taxes
– Paper money printed to
fight the war was
worthless
State Constitutions
What basic ideas about government were contained in
the new state constitutions?
• Higher law and natural rights
• Social contract
• Popular sovereignty
• Representation and the right to vote
• Legislative supremacy
• Rule of Law
• Republicanism
• Checks and balances
The Articles of Confederation
The first constitution of the
United States, created to
form a perpetual union and
a firm league of friendship
among the thirteen original
states. It was adopted by
the Second Continental
Congress on November 15,
1777, and sent to the states
for ratification.
Achievements
– Victory in the American Revolution
– Recognition by European governments
– Congress created executive departments to administer
finance, foreign relations, and military affairs
– Congress established the first “federal” courts (they had
no true power to settle disputes between or among
states and their citizens)
– Northwest Ordinance of 1787
Weaknesses
– Congress had no power to tax
– Congress could make treaties
with foreign nations, but in
had no power to force states
to honor agreements
– Congress had no power to
make laws regulating trade
among the states
– Congress had no power to
make laws directly regulating
the behavior of citizens
– Unanimous approval of the
states was required to amend
– Unicameral Congress meant no of separation of powers
– Major laws required approval by 9 of the 13 states
– No common currency (Congress could coin money but states
could use their own)
– Gave states unprecedented power (foreign affairs)
– One vote per state regardless of size
– Delegates to Congress were chosen by state legislatures
– Army dependent on support from independent militias
Shays’ Rebellion
•Armed revolt in 1786 by Massachusetts farmers
seeking relief from debt and mortgage foreclosures
•Rebellion fueled support for amending the Articles
of Confederation
The Philadelphia Convention
• Many leaders of the Revolution believed a stronger national
government was needed as a result of the disruption of trade,
quarreling states, fear of foreign intervention…
• 2 meetings failed
• Philadelphia Convention - May 1787 called to consider ways to
remedy the Articles of Confederation (revise, not re-create)
• 55 delegates appointed by state legislatures
• Youngest- Hamilton…Oldest- Franklin
• Most were young, but experienced:
– Governors, congressmen, revolution soldiers, lawyers
• The framers were called “an assembly of demi-gods”
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George Washington (President of Convention)
Benjamin Franklin
Alexander Hamilton
James Madison (Father of Constitution)
The Framers…Noticeably Absent
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Thomas Jefferson (US Minister to France)
John Adams (US Ambassador to Great Britain)
Patrick Henry…“I smell a rat”
John Hancock, Samuel Adams, Richard Henry Lee were
not chosen or were skeptical of the proceedings
• Rhode Island
The Virginia Plan
• Many delegates came to the Philadelphia Convention convinced
that the Articles of Confederation should be replaced, not
amended…
• James Madison’s plan for a new national government
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Strong national government
Power to make and enforce laws
Collect taxes
Federalism (with central government superior)
Both federal and state governments would gain authority from governed
– 3 branches of government (Legislative, Executive, Judicial)
– Legislative supremacy (power to select those who served in
executive and judicial branches)
– Bicameral Congress (House of Representatives and Senate)
– House chosen by popular vote…Senate chosen by members of
House from list compiled by state legislatures
• Number of representatives from each state in the House
and Senate based on population
• Congress would have the power to make laws states could
not (regulating trade, etc)
• Congress could veto laws in violation of the Constitution or
national interest
• Congress would have the power to call militia
The Virginia Plan…the Controversy
• The issue of proportional representation brought the
Convention to a boiling point
• Many argued that the government derived from and
represented the states, not the people as a whole
• Mainly, small states feared domination from larger states
The Alternative…The New Jersey Plan
• Kept the framework of the
Articles of Confederation and
the intent of the Philadelphia
Convention
• Unicameral Congress with
increased powers including:
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Power to levy import duties
Levy stamp tax
Power to collect $ from the states
Power to regulate trade among
states and with foreign nations
• Executive Branch made up of several persons appointed
by Congress had the power to:
– Administer national laws
– Appoint other executive officials
– Direct military operations
• A supreme court , appointed by the officials of the
Executive Branch, would have the power to:
– Decide cases involving treaties
– Decide on issues of trade among the states or with other
nations
– Decisions on the collection of taxes
The Bundle of Compromises
• New Jersey Plan only supported by three states
• So, the Virginia Plan was the basis but the ideas of the
New Jersey Plan were considered
• The greatest impasse of the Convention remained with
the issue of representation…
• The Great Compromise (Connecticut Compromise)
– House of Representatives - elected by the people of each state
on the basis of proportional representation
– Senate - equal representation (2 per state) in the Senate chosen
by state legislature
– HOR has the power to develop all bills for taxation and spending
– Great Compromise passed by one vote
• The Three-Fifths Compromise
– The greatest controversy centered on whether slaves should be
counted when apportioning representatives to states
– One of the first significant North vs. South issues
– According to the compromise:
• Census taken every ten years to determine apportionment and
amount of direct taxes owed by states to national government
• State’s population = free population + 3/5 of “all other persons”
• The Commerce and Slave Trade Compromise
– Another North vs. South Issue
– Concern regarding the economic development of the
commercialized NE and the slave-holding South
– According to the Compromise:
• The slave trade would not be abolished for a period of twenty
years (1808), but slavery could remain
• There would be no excise (tax) on exports