The Constitutional Convention & Ratification

Constitutional ConventionPhiladelphia in May of 1787 to revise the Articles

of ConfederationDelegates from all states except Rhode Island

Decided to write a new constitution insteadAgreed new gov’t would be a republic, with a federal

system 3 branches – executive, legislative, judicial

CompromisesGreat Compromise (Connecticut Compromise):

Legislative branch would be bicameral Representation in the lower house based on population Equal representation of the states in upper house

Combination of the Virginia Plan and the New Jersey Plan

Three-Fifths Compromise Each state would count three-fifths of its slave population

for purposes of determining both representation and taxation

Commerce and Slave Trade Compromise Congress was prohibited from taxing exports from the

states and from banning the slave trade for 20 yrs

SO HOW DID THE CONTITUTION FIX THE

PROBLEMS IN THE ARTICLES OF CONFEDERATION?

Ratification ProcessConstitution signed Sept 17, 1787Still had to be ratified by 9 of 13 states to go into effectFederalists

Time for action had run out, country was collapsingArticles of Confederation were incomplete (no taxes,

courts, execution of federal laws, balance of power between states, foreign threats)

Constitution would appropriately balance state & central powers

Sufficient checks and balances, separations of power to keep federal gov’t in line

Limits to legislative powers included and carefully listedSingle executive held powers were shared or checked at

almost every level

Anti-FederalistsNew plan gave too many controls to “distant” and

centralized gov’tNew executive was too powerful & “kinglike”Federal power to tax was a dangerous control over

citizens & statesLegislative powers were long and details – where

was a list of limits?What were basic civil freedoms that the federal gov’t

couldn’t remove? States had created “Bills of Rights” – why can’t the

Constitution?Wanted to define the rights of citizens!

By summer 1788 – 9 states had ratified the ConstitutionDidn’t include VA or NYNation understood if either VA or NY rejected the

Constitution, other nine votes were meaningless

Proponents called for giving the new system a trial – knowing time for more discussion was eliminated by foreign threatsPromise of a Bill of Rights pushes opponents over

the edge

The Federalist PapersWritten by Alexander Hamilton, James Madison, &

John Jay Readership limited at the time Often aimed at those who already decided to

support/oppose ratificationExplanations of how the U.S. government balances

power, protects political factions, settles disputes, runs a diverse nation

85 total essays#10 – written by Madison considered definitive

analysis of regional political divisions Addresses how & why to guard against rise of “factions” &

predicted rise of interest groups & partisan politics#51 – advocacy for checks & balances, separation of

power#78 – written by Hamilton

Explained & justified structure of proposed judicial branch

Anti-Federalists forced Federalists to agree to add federal guarantees of rights as amendmentsFirst Congress 1789

Representative James Madison led efforts to write 12 proposals

10 adopted as Bill of Rights