Birth of the ConstitutionBirth of the Constitution

Early GovernmentEarly Government

July, 1776 – 2July, 1776 – 2ndnd Cont. Congress approved Cont. Congress approved Declaration of IndependenceDeclaration of Independence

C.C. was a loose collection of delegates C.C. was a loose collection of delegates from 13 separate statesfrom 13 separate states

Almost no one wanted a powerful national Almost no one wanted a powerful national governmentgovernment

Most people regarded Congress as only a Most people regarded Congress as only a wartime necessitywartime necessity

Individual StatesIndividual States

Americans saw themselves as citizens of Americans saw themselves as citizens of distinct statesdistinct statesWhen referring to United States, most When referring to United States, most Americans wrote “the United States Americans wrote “the United States areare” ” (plural) rather than “the United States (plural) rather than “the United States isis” ” (singular)(singular)Belief that the country as a whole was less Belief that the country as a whole was less important than its 13 partsimportant than its 13 partsNot a nation, but a Not a nation, but a confederationconfederation (an (an alliance of separate governments that alliance of separate governments that work together)work together)

State ConstitutionsState Constitutions

During and immediately after revolution, During and immediately after revolution, state governments had more power than state governments had more power than national government of U.S.national government of U.S.Individual state constitutions were primary Individual state constitutions were primary forms of govt. in new nationforms of govt. in new nationMost were established during revolutionMost were established during revolutionState constitutions served as models for State constitutions served as models for later national documents (1776 later national documents (1776 Pennsylvania, suffrage to all white males Pennsylvania, suffrage to all white males 21)21)

Articles of ConfederationArticles of Confederation

1777, Continental Congress adopted a set 1777, Continental Congress adopted a set of laws to govern the United Statesof laws to govern the United States

Not ratified by all states until 1781Not ratified by all states until 1781

Established a limited national governmentEstablished a limited national government

Most political power lay with the statesMost political power lay with the states

Only one branch: a legislature, or Only one branch: a legislature, or Congress, made up of delegatesCongress, made up of delegates

Differences from Today’s CongressDifferences from Today’s Congress

Could declare war and $, but COULD NOT Could declare war and $, but COULD NOT TAXTAX

Each of the 13 states had 1 vote in CongressEach of the 13 states had 1 vote in Congress– Passage of any measure involving money Passage of any measure involving money

require 9 of 13 statesrequire 9 of 13 states– Changes to Articles required all 13 votesChanges to Articles required all 13 votes

Difficult to get things done (some saw this as Difficult to get things done (some saw this as good)good)

Many dissatisfied with weak governmentMany dissatisfied with weak government

After fighting war for independence, After fighting war for independence, Americans generally agreed that their new Americans generally agreed that their new nation should be a nation should be a democracydemocracy (government by the people)(government by the people)

Specifically, they favored the creation of a Specifically, they favored the creation of a republicrepublic (government run by the people (government run by the people through their elected representatives)through their elected representatives)

Americans held widely differing views on Americans held widely differing views on how much influence ordinary citizens how much influence ordinary citizens should have in governing of the republicshould have in governing of the republic

This division became clear as objections to the Articles This division became clear as objections to the Articles began to surfacebegan to surfaceOne set of objections arose out of economic problems One set of objections arose out of economic problems that followed the warthat followed the warBy 1787, 3 years after rev, nation still had a debt of By 1787, 3 years after rev, nation still had a debt of about $50 million, unthinkably huge at timeabout $50 million, unthinkably huge at timeState and federal govts had borrowed money from State and federal govts had borrowed money from foreign countries and own citizens to finance the warforeign countries and own citizens to finance the warSome state governments even printed cheap paper Some state governments even printed cheap paper money to help their citizens pay off their loans.money to help their citizens pay off their loans.States with good seaports put heavy taxes on goods States with good seaports put heavy taxes on goods destined for neighboring states, stirring up hostilitiesdestined for neighboring states, stirring up hostilitiesProminent critics of the Articles believed that these Prominent critics of the Articles believed that these troubles had arisen because ordinary citizens had too troubles had arisen because ordinary citizens had too much power in their state legislatures.much power in their state legislatures.

The NationalistsThe NationalistsBy the early 1780s, began expressing their views By the early 1780s, began expressing their views about dangers of a weak national government in about dangers of a weak national government in papers and private letterspapers and private lettersIncluded George Washington, James Madison, and Included George Washington, James Madison, and Alexander HamiltonAlexander HamiltonWorried Americans fondness for challenging authority Worried Americans fondness for challenging authority and demanding individual rights was getting out of and demanding individual rights was getting out of handhandSaw republics in Europe fail and dissolve into chaosSaw republics in Europe fail and dissolve into chaosAgreed with Paine that America was model for the Agreed with Paine that America was model for the worldworldIrresponsible, they believed, to allow nation to fall into Irresponsible, they believed, to allow nation to fall into political violence.political violence.

Annapolis ConventionAnnapolis Convention

1786, Nationalists held convention in 1786, Nationalists held convention in Annapolis, Maryland to discuss economic Annapolis, Maryland to discuss economic problems that could not be solved under problems that could not be solved under limits of Articles of Confederationlimits of Articles of Confederation

12 delegates from 5 states attended12 delegates from 5 states attended

Agreed to call a convention in Philadelphia Agreed to call a convention in Philadelphia the following year to “fix” the governmentthe following year to “fix” the government

Shays’ RebellionShays’ Rebellion

1786, Daniel Shays, Mass. Farmer, led 1786, Daniel Shays, Mass. Farmer, led rebellionrebellionArmed protestors blocked courthouses Armed protestors blocked courthouses and refused to pay taxesand refused to pay taxesCongress could only look on helplesslyCongress could only look on helplesslyHad no money to raise army and no way Had no money to raise army and no way to force states to pay for oneto force states to pay for oneShowed that steps needed to be taken to Showed that steps needed to be taken to avoid civil unrestavoid civil unrest

Constitutional ConventionConstitutional Convention

May, 1787 in PhiladelphiaMay, 1787 in Philadelphia

12 states sent delegates (55 in total)12 states sent delegates (55 in total)

The business at hand, wrote key delegate The business at hand, wrote key delegate James Madison, was to “decide forever James Madison, was to “decide forever the fate of republican government.”the fate of republican government.”

In only 4 months, delegates produced In only 4 months, delegates produced document that has governed U.S. for over document that has governed U.S. for over 220 years: the United States Constitution220 years: the United States Constitution

Divisions at the ConventionDivisions at the Convention

11stst act: unanimous election of G.W. as act: unanimous election of G.W. as president of the Constitutional Conventionpresident of the Constitutional Convention

Major division between those who wanted Major division between those who wanted to amend/revise Articles and those who to amend/revise Articles and those who wanted to abandon it and start freshwanted to abandon it and start fresh

Technically only had power to reviseTechnically only had power to revise

Convention would have to overstep its Convention would have to overstep its authority to create a new documentauthority to create a new document

Virginia PlanVirginia Plan

In the end, Madison and others who wanted a In the end, Madison and others who wanted a new government managed to dominate the new government managed to dominate the meetings by bringing a plan with them.meetings by bringing a plan with them.Their Virginia Plan became the focus of Their Virginia Plan became the focus of discussion against which all other ideas were discussion against which all other ideas were weighedweighedCalled for creation of a bicameral (two-house) Called for creation of a bicameral (two-house) national legislature national legislature Each state would send representatives Each state would send representatives proportional to population of its citizensproportional to population of its citizensThus, larger state would have greater voting Thus, larger state would have greater voting powerpower

Virginia PlanVirginia Plan

VP addressed shortcomings of Articles in VP addressed shortcomings of Articles in several waysseveral ways11stst, new legislature would have added powers, new legislature would have added powers– Right to tax and regulate foreign and interstate Right to tax and regulate foreign and interstate

commercecommerce

22ndnd, nat. legislature would have veto power over , nat. legislature would have veto power over any act of a state legislatureany act of a state legislature33rdrd, nat. govt. would have judicial and executive , nat. govt. would have judicial and executive branchbranchStates w/ large populations stood to benefit mostStates w/ large populations stood to benefit most– Large states supported this planLarge states supported this plan

New Jersey PlanNew Jersey Plan

Supported by opponents of VA PlanSupported by opponents of VA Plan

Similar to VA Plan, but all states would Similar to VA Plan, but all states would have 1 vote in a unicameral legislaturehave 1 vote in a unicameral legislature

Ensured heavily populated states would Ensured heavily populated states would not overpower smaller statesnot overpower smaller states

Like the Articles, NJ plan aimed to keep Like the Articles, NJ plan aimed to keep state governments more powerful than the state governments more powerful than the national governmentnational government

Constitutional CompromiseConstitutional Compromise

Central dif. between VA and NJ plans Central dif. between VA and NJ plans centered on representation in legislaturecentered on representation in legislature

Should states with larger populations have Should states with larger populations have more representatives?more representatives?

Vote on July 2, 1787 was split and Vote on July 2, 1787 was split and convention remained deadlockedconvention remained deadlocked

Within several days, a compromise was Within several days, a compromise was reachedreached

The Great CompromiseThe Great Compromise

Legislative branch with 2 housesLegislative branch with 2 houses

In senate, states had equal representationIn senate, states had equal representation– Pleased small statesPleased small states

In house, states had proportional rep.In house, states had proportional rep.– Pleased large statesPleased large states

Approved on July 16, 1787Approved on July 16, 1787

Three-Fifths CompromiseThree-Fifths Compromise

When calculating a state’s populations, When calculating a state’s populations, should enslaved people be counted?should enslaved people be counted?

Under the compromise, Under the compromise, 3/5 3/5 of a state’s of a state’s slave population would be counted when slave population would be counted when determining representationdetermining representation

Did notDid not mean that slaves would be mean that slaves would be allowed to vote or that their interests would allowed to vote or that their interests would be represented in Congressbe represented in Congress

Battle Over RatificationBattle Over Ratification

In order to become law, 9 of the 13 states In order to become law, 9 of the 13 states had to ratify ithad to ratify it

Votes would be cast by special Votes would be cast by special conventions in each state, not legislaturesconventions in each state, not legislatures

Framers of Constitution bypassed state Framers of Constitution bypassed state legislatures out of fear that legislatures legislatures out of fear that legislatures wouldn’t approve of document that would wouldn’t approve of document that would reduce their powerreduce their power

Federalists & Anti-FederalistsFederalists & Anti-Federalists

Federalists – those who supported the Federalists – those who supported the ConstitutionConstitution– Stressed weaknesses of the ArticlesStressed weaknesses of the Articles– Included many Nationalists (G.W., Madison, Hamilton)Included many Nationalists (G.W., Madison, Hamilton)– Feared the people more than the governmentFeared the people more than the government

Anti-Federalists – those who opposed itAnti-Federalists – those who opposed it– Believed the Federalists plan posed a threat to state Believed the Federalists plan posed a threat to state

governments and to the rights of individualsgovernments and to the rights of individuals– Feared the government more than the peopleFeared the government more than the people– Many objected to the lack of a Bill of Rights in the Many objected to the lack of a Bill of Rights in the

Constitution (it did not explicitly protect basic rights)Constitution (it did not explicitly protect basic rights)

FederalistsFederalists

To make the case for ratification, Hamilton, To make the case for ratification, Hamilton, Madison, and John Jay, a Nationalist from NY, Madison, and John Jay, a Nationalist from NY, wrotewrote The Federalist The Federalist, a series of 85 essays that , a series of 85 essays that appeared in NY City newspapers in 1787-88.appeared in NY City newspapers in 1787-88.

Perhaps the most sophisticated explanation of Perhaps the most sophisticated explanation of the new American political system ever written. the new American political system ever written.

Emphasize the separation of powers and the Emphasize the separation of powers and the system of checks and balances as protections system of checks and balances as protections against tyrannyagainst tyranny

Anti-FederalistsAnti-Federalists

Rallied behind older revolutionary figures Rallied behind older revolutionary figures like Patrick Henry of VAlike Patrick Henry of VASaw the Constitution as a betrayal of the Saw the Constitution as a betrayal of the American RevolutionAmerican RevolutionWarned that a president would be nothing Warned that a president would be nothing more than a kingmore than a kingHad American Patriots died to create Had American Patriots died to create another government that would tax them another government that would tax them and tell them what to do?and tell them what to do?

Federalist AdvantagesFederalist Advantages

Drew on widespread feeling that the Drew on widespread feeling that the Articles of Confederation had serious flawsArticles of Confederation had serious flawsThey were united around a specific plan-They were united around a specific plan-the Constitutionthe ConstitutionThe anti-Federalists had no plan of their The anti-Federalists had no plan of their own, only criticisms of the Constitutionown, only criticisms of the ConstitutionThe Federalists were much more The Federalists were much more organized (national scope vs. disjointed organized (national scope vs. disjointed local politicians)local politicians)Federalists had support of G.W.Federalists had support of G.W.

RatificationRatification

June, 1788, New Hampshire became 9June, 1788, New Hampshire became 9thth state to ratify the Constitutionstate to ratify the Constitution

Summer of 1788, NY and VA ratifiedSummer of 1788, NY and VA ratified

May 1790, Rhode Island was last to ratifyMay 1790, Rhode Island was last to ratify

All 13 states had signed on to the All 13 states had signed on to the ConstitutionConstitution

Ratification of the Constitution

  Date StateVotes

Yes No

1 December 7, 1787 Delaware 30 0

2 December 11, 1787 Pennsylvania 46 23

3 December 18, 1787 New Jersey 38 0

4 January 2, 1788 Georgia 26 0

5 January 9, 1788 Connecticut 128 40

6 February 6, 1788 Massachusetts 187 168

7 April 26, 1788 Maryland 63 11

8 May 23, 1788 South Carolina 149 73

9 June 21, 1788 New Hampshire 57 47

10 June 25, 1788 Virginia 89 79

11 July 26, 1788 New York 30 27

12 November 21, 1789 North Carolina 194 77

13 May 29, 1790 Rhode Island 34 32

Bill of RightsBill of Rights

Federalists promised to support Federalists promised to support amendments to Constitution that would amendments to Constitution that would protect basic rightsprotect basic rights

Dec. 15, 1791, first 10 amendments are Dec. 15, 1791, first 10 amendments are added as the added as the Bill of RightsBill of Rights

The promise of support for such a bill gave The promise of support for such a bill gave the Federalists their victory the Federalists their victory

A Lasting DocumentA Lasting Document

Final draft of the Constitution approved on Final draft of the Constitution approved on September 17, 1787September 17, 1787

Ratified by 9 (NH) June of 1788, 13 (RI) May, 1790Ratified by 9 (NH) June of 1788, 13 (RI) May, 1790

Has remained basically the same for 220 yrsHas remained basically the same for 220 yrs

Why? On some issues…Why? On some issues…– Specific enough not to be reinterpreted too much by later Specific enough not to be reinterpreted too much by later

generations, and on others…generations, and on others…– Flexible enough to adapt to social, economic, political, Flexible enough to adapt to social, economic, political,

and technological changes its creators could not have and technological changes its creators could not have imaginedimagined

– Amended only 27 times in its historyAmended only 27 times in its history