The Constitutional Convention

From Articles of Confederation to Constitution

The Critical Period The 1st and 2nd Cont. Congress were formed in a

hurry and with no legal base. Something more permanent was needed.

After 17 months, on November 17, 1777 they approved the Articles of Confederation. The A of C established a “firm league of friendship”, but

every State kept “its sovereignty, freedom, and independence…”

The Articles did not go into effect immediately, the ratification (or approval) process was needed

Eleven states agreed within the first year. Delaware was first, in Feb 1780. Maryland was last on March 1,1781, and

the Articles were declared effective on that date.

The Articles of Confederation Government Structure

Congress was unicameral, delegates chosen yearly, each state had one vote, delegates would choose the leader of the Congress

Powers of Congress Make war and peace, make treaties, send and

receive ambassadors, set up money system, establish post office, set up a navy, settle disputes between the states, and fix a system of weights and measures

State Obligations States would provide the funds and troops

requested by the Congress, treat citizens of the other states equally, allow open trade,

Weakness Congress did not have the power to tax, regulate

trade between the states, changes to the Articles would require the approval of all 13 states

The Critical Period, the 1780’s Chaos soon emerged

States heavily taxed one another’s goods, set up alliances with foreign nations, set up their own militaries, economic chaos as debts went unpaid. Rebellions emerged.

A Need for a Stronger Government Mount Vernon-

Maryland and Virginia, disputing over trade, agreed to a conference on their trade problems at George Washington’s home in Mt. Vernon.

The meeting was such a success, that the VA General Conference called for a meeting of all of the states to discuss their problems.

Creating the Constitution

Setting the Scene:

It’s sweltering hot, the windows are kept closed to keep out

eavesdroppers, soldiers keep onlookers at a

distance, the men inside the hall are

tense. Some threaten to leave the

hall, and indeed some did…

The Framers Twelve of the thirteen states (all but Rhode Island)

sent delegated to Philadelphia for the Constitutional Convention.

74 delegates were chosen, 55 attended, and these are known as the Framers.

Many had fought in the Revolution and most had been members of the Cont. Congress, some were state governors, eight had signed the Dec. of Independence.

The average age of the men was 42, most were in their 30s, Ben Franklin was the oldest at 81. Patrick Henry refused to attend, Thomas Jefferson, Thomas Paine, Sam Adams, and John Hancock were either not selected as a delegate or out of the country

Organization and Procedure Working in Secrecy

George Washington was selected as the President and the Congress met in the same hall that the Declaration was signed.

The delegation caused much public attention and speculation, so to protect from outside pressure, the Framers decided to keep the whole thing secret.

James Madison kept a journal of the event, and much of what we know is in thanks to him.

The Framers agreed that they needed a national government that consisted of a legislature, executive, and judiciary.

The Virginia Plan Put forth by James Madison Called for 3 separate branches of

government Bicameral legislation

Based on population/how much money it gave to the central government

House of Representatives would be popularly elected

Senate would be chosen from the State legislatures

The New Jersey Plan Put forth by William Paterson An alternative of the VA Plan Unicameral legislation which each state is

equally represented

Compromises The Connecticut Compromise- agreement that in

the Senate the states would be equally represented and in the House the representation would be based on population

The 3/5s Compromise- a slave counts as three-fifths of person when determining the population of a state

The Commerce and Slave Trade Compromise- protected slave owners, denied Congress the power to tax exports of any state, and for 20 years the power to act on the slave trade

Sources of the Constitution William Blackstones’s Commentaries

on the Laws of England Montequieu’s The Spirit of the Laws Jean Jacques Rousseau’s The Social

Contract John Locke’s Two Treatises of

Government

The Convention Completes its Work September 17, 1789 the convention

approved its work and 39 names were placed on the finished document.

(41 delegates were present- three refused to sign)

The Constitution

Ratifying the Constitution

Today the Constitution is well-respected. But in 1787 and 1788, it was widely criticized and many people opposed its adoption.