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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. 2 Quick Background Declaration of Independence Second Continental Congress Approved July 4, 1776 Fought war with ad hoc congress/executive The Articles of Confederation 1777, our first constitution Very weak federal government Each state had veto—unanimous vote required No power to raise troops or taxes The Articles of Confederation 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 FAILED STATE? Strengthening the National Government 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: many identified with their state and feared strong central government after just revolting against one. Future “federalist” vs. “anti-federalist” splits The Constitutional Convention 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? Benjamin Franklin George Washington & James Madison Alexander Hamilton Brilliant, driven outsider, protégé of Washington as is Madison Thomas Jefferson & John Adams 81, oldest—leads informal groups Antagonists in Europe negotiating treaties Patrick Henry Prominent Virginian Elected; did not attend; ”I smell a rat.” Much informal discussion The Unquestioned Leader Chosen to preside over the convention? George Washington War Hero Respected across faction lines Rejected Monarchy Virginian—most powerful state Procedures of the Convention 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 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 Articles of Confederation? The convention threw them out Delegates decided emergency warranted ignoring their state charges Essentially a “coup d’etat.” A Divided Land Large & Small states Slave & Non-slave Plantation & Yeoman Frontier & Settled Mercantile Producers Goods vs. Raw material Exporters Importers Religion & State 12 A Divided Land Ideologies “State” is sovereign Create a new “nation” Fear centralized power Fear monarchial tendencies Democrats versus Aristocrats Slave holders united Protect property rights Raise revenue Build a navy 13 A Divided Land Who is NOT at table Women Slaves Tribes Yeoman farmers Workers Immigrant groups The westerners 14 A Divided Land 15 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 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 The Virginia Plan 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 The New Jersey Plan 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 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 Rights of humanity? Democratic response Who gets to vote? Where is the solution/coalition 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 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 The Connecticut Compromise Structure in Place—now slavery 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 Controversy over counting slaves as a part of the population South worries about balance of power given northern population growth Structure in Place—now slavery At this time, there were 550,000 enslaved African Americans, overwhelmingly in the South In many areas slaves outnumber the whites and land owners Southerners fear north will try to end slavery and fear northern population growth Immigrants settle in north and not in south 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 Most future constitutional battles will be about keeping balance between more populous north and slaver holding southern slave states North refuses to allow votes for slaves who cannot vote or have rights South will not give votes to accept without numerical balance 3/5 compromise Slavery importation can be prohibited after 1807. The Three-Fifths Compromise Three-Fifths Compromise 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 How to elect a president? Many fear creating another dictator and want weak executive or under control of congress Madison etal. “Let Congress pick!” Emergent Parliamentary system Democrats “Let the people choose!” State’s rights want intermediary Fear of monarchy paralyzes deliberations Electoral College 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 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 Conflicts over commerce & the slave trade 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 Two clauses will be critical to justify and shape future government power Commerce Clause (Article I; Section 8: Clause 3) 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) “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 .” September 17, 1787, finished up the Constitution Delegates signed it, said the Constitution would become the law of the land when: 9 out of 13 states ratified (approved) it Much resistance and many angry that they had exceeded their charge: Pro-ratification called “federalists.’ Anti-ratification called “anti-federalists.” Divided Country Nation wide battle—many writings pro and con Federalists = supporters of the new constitution & a strong federal government 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 Anti-Federalists wanted to add: The Federalists promised to do so, and did at the first Congress session The Bill of Rights The first Ten amendments New Hampshire, 9th state to ratify 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 36