The Framing of the Constitution

Problems with the A.O.C.1. Funding veterans’ pensions

2. Promoting trade

3. Handling the Indian threat

4. Dealing with worthless state money

5. Handling social unrest

6. Paying off debt (taxes) - internal tariffs

Advocates for Centralization1. Society of Cincinnati - “Newburgh Conspiracy” 2. American manufacturers - tariffs3. Merchants - uniform economic policy4. Land speculators - Indian protection5. Creditors - end states printing $6. Investors - fund the debt - taxes?7. Large Property Owners - protection from mobs8. Alexander Hamilton & James Madison

Annapolis Convention 1786

• Alexander Hamilton proposes a convention to “strengthen” the A.O.C

• Shays’ Rebellion convinced Washington to support it - lead others to support the idea as well

Constitutional ConventionPhiladelphia, 1787

Founding Fathers• 55 Delegates from all states except

Rhode Island (Why?)• Average age 44 (Franklin oldest at 81)• Well educated wealthy property owners• All white males• George Washington chosen

unanimously to lead• Missing?

Divisions at the Convention

1. Small States vs. Large States

2. What about slavery?

3. How should slaves be considered in terms of population and taxation?

4. Centralization vs. State power

Federalists• Lead by Hamilton, Franklin, Washington with

support from Madison and John Jay• Wrote Federalist Papers 85 Essays “Publius”• Argued for strong central government• Fear of Anarchy and chaos• Fear of unchecked power of the masses

Antifederalists• Supported a reformed Articles of Confederation• Central government should have limited power• Power should lie with the states and individuals• Believed to represent the common man and as true

defenders of the Revolution• Constitution favored the elite in society• Need for a Bill of Rights• Lead by George Mason others not present including

Thomas Jefferson & Patrick Henry

George MasonMr. “All Men Are Created Equal”

Virginia Plan• Edmund Randolph & James Madison of

Virginia (most populous state)

• Legislature with 2 Houses

• Lower based on population

• Upper elected by the lower house

• Why did small states reject this plan?

New Jersey Plan

• William Peterson of NJ

• One House based on equal representation for each state

• Similar to AOC with expanded powers to tax and regulate commerce

The Great Compromise• Lead by Benjamin Franklin

(7/2/1787)

• Lower House based on population

• Upper House 2 representatives from each state

• Slaves as 3/5 a person for population & taxation (“Three-Fifths Compromise”)

Other Agreements

1. “Commercial Compromise” - Regulate Trade but Couldn’t tax exports

2. Maximum of $10 duty per imported slave

3. The slavery issue couldn’t be decided for at least 20 years (Why?)

4. No set definition of citizenship or Bill of Rights

Separation of Powers

• Federalism - powers divided between federal, state, local gov. (Montesquieu)

• Checks and Balances (David Hume)

- 3 branches of government check each other

The Document

• Mostly drafted by James Madison• Question of Sovereignty - State vs.

National? - power to the people• Supreme law of the land - no state

had power to defy Constitution• Expanded power - to tax, regulate

commerce, control currency, pass laws

• Art. I Sec. 8, Clause 18- “Necessary and Proper” clause?

Tyranny of the people?• Some worried about protection from “Mob Rule”• Electoral college• Enlightened few would choose• Only lower house (House of Representatives) would

be elected directly by the people

Ratification• 9 of 13 States needed to ratify

• Formed State conventions

• Federalists vs. Antifederalists

Ratification of the Ratification of the ConstitutionConstitution