Download James Madison and U.S. Constitution PowerPoint by J. Patrick Dobel

The American Revolution is over…but now the colonists have to decide how to frame
their government. Take 5 minutes & imagine that you were a colonist that just fought
against the British. Identify four points for George Washington to remember when the
delegates are “revising” the Articles of Confederation.
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Quick Background
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Declaration of Independence
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Second Continental Congress
Approved July 4, 1776
Fought war with ad hoc congress/executive
The Articles of Confederation
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1777, our first constitution
Very weak federal government
Each state had veto—unanimous vote required
No power to raise troops or taxes
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The Articles of Confederation
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Foreign nations testing boundaries & free trade
Internal trade collapse
No ability to pay off debts
Inflation and paper money
Internal rebellions over debt & safety failure
Shay’s Rebellion, 1786-1787
Boundary safety against Indians and Predatory nations
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FAILED STATE?
Strengthening the National Government
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1787—Elites across states see failed state
State legislatures or conventions send delegates to
Philadelphia to fix A.O. C
Merchants, land owners and want regular tax code and
protection
Nationalists want strong vs state’s rights advocates
Rhode Island refused to attend:
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many identified with their state and feared strong central government
after just revolting against one.
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Future “federalist” vs. “anti-federalist” splits
The Constitutional Convention
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May 25, 1787
Independence Hall, Philadelphia
An extraordinary group of men
 55 white well off men
 Well-educated
 Most experienced local politicians; many had fought in
revolutionary war
 Lawyers, merchants, college presidents, doctors,
generals, governors, and planters with considerable
political experience
Who was there? Who missed it?
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Benjamin Franklin
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George Washington & James
Madison
Alexander Hamilton
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Brilliant, driven outsider,
protégé of Washington as is
Madison
Thomas Jefferson & John
Adams
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81, oldest—leads
informal groups
Antagonists in Europe
negotiating treaties
Patrick Henry
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Prominent Virginian
Elected; did not attend; ”I
smell a rat.”
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Much informal
discussion
The Unquestioned
Leader
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Chosen to preside over the
convention?
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George Washington
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War Hero
Respected across faction
lines
Rejected Monarchy
Virginian—most powerful
state
Procedures of the Convention
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Each state was only allowed one vote
Each state is primary unit of identity and sovereignty
 Delegates not bound by instructions
Majority votes from all states made decisions
All discussions were a secret.
 Ensure freedom to be candid and build coalitions and
compromises.
 A lot of informal discussion outside with informal
groups and tavern meetings.
Urgency of the Constitutional Convention
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Many in US and Europe believed the US was a “failed
state.” Europe powers waiting for it to fall apart under
the AOC
Failure to generate revenue to pay for defense or pay
war debt or pay soldiers from the war—revolutionary
script useless—localized riots & Indian incursions
* bury my bones in this city rather than leave the Convention without
“I would
anything being done.”
-George Mason at the Constitutional Convention
Fate of the Articles of Confderation
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Articles of Confederation?
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The convention threw them
out
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Delegates decided emergency
warranted ignoring their state
charges
Essentially a “coup d’etat.”
A Divided Land
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Large & Small states
Slave & Non-slave
Plantation & Yeoman
Frontier & Settled
Mercantile
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Producers
 Goods vs. Raw material
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Exporters
Importers
Religion & State
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A Divided Land
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Ideologies
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“State” is sovereign
Create a new “nation”
Fear centralized power
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Fear monarchial
tendencies
Democrats versus
Aristocrats
Slave holders united
Protect property rights
Raise revenue
Build a navy
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A Divided Land
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Who is NOT at table
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Women
Slaves
Tribes
Yeoman farmers
Workers
Immigrant groups
The westerners
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A Divided Land
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Two Opposing Plans
VS.
Virginia vs. New Jersey
http://www.lva.lib.va.us/whatwehave/map/vamap.jpg
http://www.pestmanagement.rutgers.edu/nj-counties-new.gif
Madison’s Challenge
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Committed nationalist
The war changed him
Committed to basic rights
Committed to procedural
justice
Fears for the entire
democratic experiment
Does not trust states to act
alone
Balance learned from
experience and history
Convention Battles over Plans
Conflict displaced over structure of authority, allocation of power & rights
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The Virginia Plan
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Virginia caucus created
James Madison main supporter & writer
Stronger central government
President from legislator
Federal veto over state actions
3 branches of government
Bicameral legislature (2 houses), determined by population
Identity would vest in the Nation and then the state
Convention Battles over Plans
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The New Jersey Plan
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William Patterson main author
Reaction to the Virginia plan
Pulls small states together
Much less powerful central government
3 branches of government
Unicameral legislature (1 house) with equal
representation
Where is the solution/coalition
Madison’s challenge
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Needs majority of votes to win
Needs to avoid a walk out
Neutralize the slavery issue
Needs to provide answers to the major power groups
People/size versus state sovereignty and size of states
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Rights of humanity?
Democratic response
Who gets to vote?
Where is the solution/coalition
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Get the large states together
Protect small states
Connect nationalists and economic interests in stable
revenue/defense/boundary
Neutralize slave issue before destroys everything
Protect rights of property/vote/religion/expressive politics
Structural limitations on executive power by divided power
Expansion issues for the westerners
The Great Compromise
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Roger Sherman of Connecticut comes up a compromise
Lower House
 House of Representatives
 Determined by population
 2 year terms
 Favored larger states
Upper House
 Senate
 Equal representation for each state
 6 year terms
 Favored smaller states
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The Connecticut Compromise
Structure in Place—now slavery
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Strong nascent abolitionism in the north and even
manumission movement in south
Many believe slavery will die out of its own accord—this
changes in 1830’s
Most participants know that slavery violates the basic moral
premise of equal dignity of the Constitution
Realpolitik
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Controversy over counting slaves as a part of the population
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South worries about balance of power given northern population growth
Structure in Place—now slavery
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At this time, there were 550,000 enslaved African Americans,
overwhelmingly in the South
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In many areas slaves outnumber the whites and land owners
Southerners fear north will try to end slavery and fear
northern population growth
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Immigrants settle in north and not in south
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Birthrate of free northerners much higher than in south
Southern states balk and will NOT accept the constitution
without some numerical compensation
Structure in Place—now slavery
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Most future constitutional battles will be about keeping
balance between more populous north and slaver holding
southern slave states
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North refuses to allow votes for slaves who cannot vote or
have rights
South will not give votes to accept without numerical
balance
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3/5 compromise
Slavery importation can be prohibited after 1807.
The Three-Fifths Compromise
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Three-Fifths Compromise
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Every 5 enslaved persons would count as 3 free
people
Used for representation in Congress & figuring taxes
Word” slave” never used in Constitution
Northerners see it as “devil’s bargain”
Executive Power Compromise
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How to elect a president?
Many fear creating another dictator and want
weak executive or under control of congress
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Madison etal. “Let Congress pick!”
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Emergent Parliamentary system
Democrats “Let the people choose!”
State’s rights want intermediary
Fear of monarchy paralyzes deliberations
Electoral College
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A group of people would be chosen by each state to
choose the President
Each state given a certain number of votes,
determined by their representation in Congress
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Senate + number of representatives
Benefits smaller population states
Odd solution to balance popular vote and states
This places final power in states versus letting
popular vote elect
One last compromise
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Conflicts over commerce & the slave trade
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Congress could regulate (control) trade between
states & other countries
All revenue derived from tariffs, so issue of taxing
manufacturing or resource imports/exports
Congress could NOT tax exports or interfere with the
slave trade for 20 years
The “hidden” Clauses
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Two clauses will be critical to justify and shape future
government power
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Commerce Clause (Article I; Section 8: Clause 3)
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Power
“to regulate commerce with foreign nations, and among the several
states, and with the Indian tribes.”
Necessary and Proper Clause (Article I; Section 8: Clause 18)
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“Make all Laws which shall be necessary and proper for carrying into Execution the
foregoing Powers, and all other Powers vested by this Constitution in the Government
of the United States, or in any Department or Officer thereof
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September 17, 1787, finished up the
Constitution
Delegates signed it, said the Constitution
would become the law of the land when:
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9 out of 13 states ratified (approved) it
Much resistance and many angry that they had
exceeded their charge:
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Pro-ratification called “federalists.’
Anti-ratification called “anti-federalists.”
Divided Country
Nation wide battle—many writings pro and con
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Federalists = supporters of the new constitution & a
strong federal government
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Madison/Hamilton/Monroe wrote The Federalist Papers as
newspaper columns and general letters.
Anti-federalists = opposition to new constitution
based on demand for more protection of individual
rights and state’s rights.
Reaching an Agreement
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Anti-Federalists wanted to add:
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The Federalists promised to do so, and did at the first
Congress session
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The Bill of Rights
The first Ten amendments
New Hampshire, 9th state to ratify
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June 21, 1788
The Constitution went into effect
Rhode Island holds out until 1790
Ratification Battles and Votes
Federalist Number 51
“If men were angels, no government would be
necessary.”
“In framing a government which is to be
administered by men over men, the great
difficulty lies in this: you must first enable the
government to control the governed; and in
the next place oblige it to control itself.”
-James Madison
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