Transcript Pennsylvania State House, Philadelphia: Site of the 1787

Pennsylvania
State House,
Philadelphia:
Site of the 1787
Constitutional
Convention
A Roof Without Walls:
Creating
the United States
History 3.3, APRIl 15-20, 2004
I. A National Government Without
Sovereignty: The Articles of Confederation

A. National government a major victim of Revolutionary ideas: desire
for very direct representation, suspicion/fear of authority (esp. distant
authority) prevented any power from being conferred on U.S.
B. Most problematic aspects: Congress elected by states, each state had
one vote; Confederation had no taxing power or ability to compel
states, “President” but no executive, unanimous vote needed to amend.
C. Elements of confusion: States were supposed to be sovereign, but
Congress had many sovereign-like powers.
D. International Weakness of the Confederation

E. Economic crisis of the Confederation



• 1. Could not force states to comply with Treaty of Paris (1783) ending war.
• 2. British kept their western forts open and restricted American commerce.
• 3. Spanish closed New Orleans and the MS River (1784).
• 1. Confederation had to pay for war by requisitioning money from the
states or printing or borrowing it.
• 2. New democracy in the states made taxation difficult.
• 3. States’ failure to pay Congress or manage their own finances correctly
led to hyperinflation & bankruptcy.
II. The Crisis of the Confederation and
the Movement for a New Government

A. Catalysts for the Nationalist Movement (clip from video
"Liberty! The American Revolution")
• 1. Dissatisfaction of younger Revolutionary leaders (such as
Alexander Hamilton of NY and James Madison of VA) with weakness
of national government, unfitness of state governments, conflicting
trade and economic policies.
• 2. Satisfaction of most Americans with localism and decentralization
of Confederation.
• 3. Economic depression and widespread hardship for common people
during 1780s. Conflict between debtors and creditors.
• 4. Elite fears of a further revolution that might get rid of them: Shays'
Rebellion, 1786-87.
• 5. (after video) Madison and Hamilton saw root of problem in the
excessive democracy and Revolutionary zeal they saw in states.

B. The "Conspiracy" for a Constitutional Convention
• 1. Conference at Mt. Vernon led to Virginia's call (Jan. 1786) for a
convention to discuss interstate commerce.
• 2. The resulting Annapolis Convention (Sept. 1786) issued surprise
call for another convention to revise Articles of Confederation.
III. The Philadelphia Convention,
May-Sept. 1787

A. Make-up and procedures of convention
• 1. Convention made up of nation's elite (in contrast to state legislatures).
• 2. Met in private, with no spectators or reporters.
• 3. Voted by states. Most delegates thought they were there only to
reorganize the Confederation.

B. Nationalist Proposals: Led by Madison's Virginia Plan.
• 1. Main elements of Virginia Plan: national representative government
with bicameral legislature (both houses apportioned by population),
national veto on state laws.
• 2. Strong nationalism of Virginia Plan quickly rejected.
• 3. Issues became: small states vs. large states; people, states or property
as the basis of representation; sovereign national government or not.
• 4. Another (sometimes submerged) issue was how the Constitution would
treat slavery. Deep South wanted protection from North & from
revolutionary ideals condemning slavery.
• 5. Strong executive (the presidency) emerged as element of most plans
partly because all knew that the trusted George Washington would fill
the office.
III. The Philadelphia Convention,
May-Sept. 1787 (cont.)

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C. New Jersey Plan: small-state response, a modified
Confederation with representation by states, but legislative
supremacy over states and power to tax.
D. Great (or Connecticut) Compromise: broke large state-small
state deadlock, split basis of representation (population or states)
between two houses.
• 1. Fudged issue of sovereignty (where it was located, whether national
government had it).
• 2. Created unique U.S. "federal" system in which functions of
government and ultimate responsibilities were divided.
• 3. Basic issue that came up in Civil War era, relationship of states to
federal government, was left seriously confused.
• 4. Also included a North-South compromise, the "3/5 clause,"
partially counting slaves for purposes of representation and taxation.
Debate sometimes bitter, both sides threatened to walk out.

III. The Philadelphia Convention,
May-Sept. 1787 (cont.)
E. Committee of Detail then worked up final draft that enumerated
national powers and made other important changes.
• 1. Headed by John Rutledge of South Carolina.
• 2. Among the enumerated powers: tax and borrow money, regulate
foreign and interstate commerce, establish courts.
• 3. Important nationalist loophole added: power to make any laws
"necessary and proper" to execute the enumerated powers.
• 4. States prohibited from engaging in diplomatic relations, issuing money,
or laying import duties. National laws "supreme" over state laws.
• 5. Much emphasis was placed on protecting property rights and
restraining democracy: contract clause, anti-insurrection powers,
Electoral College, Presidential veto.
• 6. No Bill of Rights included, in contrast to state constitutions. Not
needed, was the argument.
• 7. Additional protections for slavery, demanded by Rutledge: fugitive
slave clause, protection of slave trade (for 20 years), ban on export taxes,
"full faith and credit" clause.

F. Committee of Style muddied the waters further on key issues of
slavery and sovereignty.
• 1. Slaves or slavery never mentioned by name in the document despite
many special protections.
• 2. Preamble of Constitution invoked "We the People" and suggested that
a consolidated, sovereign, national republic had been created.
IV.


Ratifying the Constitution
A. Ratification procedures: only 9 states needed, approval
by specially elected conventions rather than state
legislatures, all in violation of the Articles of
Confederation.
B. The Ratification campaign
• 1. Federalist had strong advantages, including control of press, all
big political names except Patrick Henry, and bad economy.
Made heavy use of patriotism as an appeal.
• 2. Some northern Antifederalists complained about proslavery
clauses, foreshadowing later abolitionist rhetoric.
• 3. Antifederalists were strong enough to extract promise that a
Bill of Rights would be added immediately if the Constitution was
approved.
IV. End Result:
National Government as a “Roof
Without Walls”
Ratification
Voting Patterns