THE CONSTITUTIONAL CONVENTION

The Framers, The Debates, The Result

The Constitutional Convention

Held in the summer of 1787

Purpose was the revision of the A of C

Meetings held in secret; Madison’s notes are all we have Advantages? Criticisms?

Demographics of Delegates-55 delegates (none from RI)-33 Lawyers-half were college graduates-7 former governors, 7 plantation owners, 8 business leaders-age 26-81 (avg. age 43)-all male, all white

Notables who did not attend: Richard Henry Lee, Patrick Henry (“smelt a rat”), Thomas Jefferson, John Adams, Samuel Adams and, John Hancock.

How did the “problems” with certain state constitutions and Shay’s rebellion serve as a backdrop for the Convention?

Major Debates/Topics at the Convention

Opening: VA Plan How did this set the tone for the convention? How might the “council of revision” reflect an implicit call for

the power of judicial review of legislative acts? The Response: The NJ Plan

How was more in line with the original goal of the convention?

The NY Plan? Hamilton’s “2 cents”… The Great Compromise (and the 3/5ths)?

How did these contribute to a “spirit of accommodation?” The Executive: major arguments? The Judiciary: the ugly stepchild? Questions unanswered? Why?

Slavery, judicial review, Bill of Rights

The Structure of the Constitution

7 Articles, longest is the first (legislative) Article I, II and III: Institutions of the

National Government Article IV: Relations Among the States Article V: Amendment Process Article VI: Supremacy Clause Article VII: Ratification Process

The Ratification Debate Document sent to states for ratification in fall of

‘87; Why call for ratifying conventions instead of using state

legislatures? Federalists vs. Anti-Federalists

Who were they? Why was one group more successful than the other?

The Federalist Papers Originally drafted to influence ratification debate in NY Authors:(Publius) Madison (26), Hamilton (51), John Jay

(5) Have become THE SOURCE of information about the

Constitution, the minds of the Framers and arguments about every nook and cranny of the Constitution

Ratification in doubt without Bill of Rights; Federalists agree to propose in 1st Congress

The Bill of Rights

The First 10 amendments to the Constitution

Added in 1791, under the Constitutional process for amending (2/3rds of Congress, 3/4ths of state legislatures)

Madison originally drafted and submitted 12 amendments to Congress; only 10 were proposed by Congress to the states One of the “lost” amendments became #27

*Interestingly, Madison was originally against the idea of a Bill of Rights for the national Constitution.