The Road to the Constitution & Constitution#6.pdf · Strengthening the National Government...
Transcript of The Road to the Constitution & Constitution#6.pdf · Strengthening the National Government...
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
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
81, oldest—leads informal groups
George Washington & James Madison
Alexander Hamilton
Brilliant, driven outsider, protégé of Washington as is Madison
Thomas Jefferson & John Adams
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
“I would bury my bones in this city rather than leave the Convention without
anything being done.”
-George Mason at the Constitutional Convention
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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
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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
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A Divided Land
Who is NOT at table
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.
http://www.lva.lib.va.us/whatwehave/map/vamap.jpg http://www.pestmanagement.rutgers.edu/nj-counties-new.gif
Virginia vs. New Jersey
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 PlansConflict 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/coalitionMadison’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 CountryNation 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 Bill of Rights
The Federalists promised to do so, and did at the first Congress session 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
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