Transcript The Philadelphia Convention AP GoPo fall 2008

The Philadelphia
Convention
AP GoPo fall 2008
The Philadelphia Convention
The Framers: those individuals who were
actively involved in the drafting of the
Constitution
The Framers (delegates) were professional
people and property owners.
Some were nationally and internationally
respected
Many had experience with governing in state
or colonial capacities.
Who were they?
George Washington: hero of the
Revolutionary War, presided over the
convention which added instant prestige
Benjamin Franklin: internationally known
scientist and philosopher, also added luster
James Madison of Virginia: provided the
diary (journal) that is our best record of
events
Who else?
Jefferson and Adams were not at the
Constitutional Convention because they
were serving the United States abroad
as ambassadors.
John Locke: well at least in theory!
All of the states except for Rhode
Island
Motives of the Framers
Historians view the Framers as wanting
a republican form of gov’t
(representative democracy) that would
take public input and translate that
input into public policy. It was clear that
most delegates wanted to put an end to
British rule
Motives Cont…
Historians have further suggested that the
Framers wanted a strong national gov’t to
protect their own financial interests. Others,
of course have disagreed, saying that such
suggestions are unprovable and unfairly
impugns the motives of the Framers. The
delegates however, did have a cynical view
of human nature, ie, that human beings are
selfish and greedy (gee, who does this sound
like?) The Framers, like John Locke,
believed that a major source of political
conflict was the unequal distribution of
property.
Motives Cont…
Some suggest that the strong national gov’t
was to be a hedge against rule by mob, that
majority rule and popular democracy might
generate. Examples:
Slavery, being permitted, was not democratic
States could determine who could vote, and
excluded blacks and women
Senators were chosen by legislatures rather than
by direct election
Electors choose the president, not the voters
The Framer’s feared rule by the property-less
classes
Organization and Procedure
of the Convention
George Washington was elected president of
the convention
Procedurally, each state could cast one vote
on an issue, and a majority of votes were
needed to carry any proposal. Rule of
secrecy in effect
James Madison kept notes and was held in
highest esteem. He became a floor leader
and deservingly earned the title of “Father of
the Constitution.”
The Decision to Write a New
Constitution
The Philadelphia Convention was called to
revise the Articles of Confederation
Most delegates agreed that writing a new
constitution was necessary
Edmund Randolf of Virginia moved that a
national gov’t be established consisting of the
three branches of gov’t which would be
supreme over state gov’ts in national
matters. With that, the convention moved
from revision to drafting a new constitution
Sources…..
First, the Framers were all well educated
Delegates drew from history, current political
thought, and from their own experiences.
Major sources of ideas for the constitution
included political writings of John Locke,
British tradition and colonial experiences.
Much of the language came from the Articles.
A number of provisions came from state
constitutions
The Virginia Plan
The plan called for a strong National
Government with three separate branches.
Madison’s plan for a National Government
with greatly expanded powers
Legislature would be bicameral: 2 legislative
houses, representation based on population or on
the amount of money a state gave to support
national gov’t
Members of the HOR elected by popular vote.
Senate chosen by the HOR from lists of persons
nominated by the state legislatures. The
Constitution originally provided for the direct
popular election of ONLY the HOR
The Virginia Plan
It favored large states because the
number of votes in the legislature would
be based on a state’s population
Congress would choose a national
executive and a national judiciary
The New Jersey Plan
The New Jersey Plan resembled the Articles
of Confederation, but with increased power of
the Federal government to tax and regulate
trade
It favored small states because each state
was given equal representation in the
legislature
Paterson’s plan for a National Gov’t, which
greatly resembled the Articles of
Confederation
The Connecticut Compromise
(Great Compromise)
Disagreement over representation in
Congress ultimately cause tempers to flare
The Connecticut Compromise settled the
conflict:
Called for Congress to be composed of 2 houses.
Equal representation in the Senate. HOR based
on population
Often called the Great Compromise in that it
settled a primary dispute. It resolved the impasse
between the Virginia and New Jersey Plans
The Three-Fifths Compromise
The question arose of whether slaves should
be counted in the population of southern
states.
South obviously wanted them to be counted
North didn’t
WHY???
Delegates agreed to count slaves as 3/5 of a
person for representation and taxation.
Consequently it satisfied the South’s desire
to inflate the population count of their states
The Commerce and Slave
Trade Compromise
Congress was forbidden to tax exports.
Southerners feared taxation on tobacco
exports. It was a plan to satisfy
Southern fears that the Federal Gov’t
might be funded through export duties
Congress could not act on the slave
trade for at least 20 years
A “Bundle Of Compromises”
Great differences of opinion existed
among the delegates
Compromise was necessary on many
issues
Framers agreed on many basic issues,
eg, central gov’t, popular sovereignty,
limited gov’t, representative gov’t,
separation of powers, and checks and
balances
Left uncovered: “Great
Silences of the Constitution”
Abolition of slavery left for another time. The only
specific mention of slavery was with respect to the
Three-Fifths Compromise
Full scope of national powers was NOT explicitly
spelled out
Who should decide if things are constitutional? (no
judicial review)
How should the president be advised? (no privy
council or cabinet)
Not defined was the role of political parties, the
bureaucracy or the formation of congressional
committees or the concept of congressional seniority,
the establishment of a post office, creation of
interstate highways, nor the right to an abortion.
The Convention Completes its
Work
The convention approved the
Constitution
Most delegates agreed that the
Constitution was not perfect, but was
the best that they could produce
In Benjamin Franklin’s judgment, the
Constitution was imperfect, but none
better could be framed
Ratification
Remember that under Articles of
Confederation, a unanimous vote of the
states was required to change it
For the new Constitution, only needed 9
states (2/3). Not a simple majority!
The new Constitution gave the central
gov’t more economic powers to resolve
the economic chaos of the time period
Ratification
Federalists favored ratification, stressing the
weaknessess of the Articles of Confederation
James Madison and Alexander Hamilton
Wanted more federal power
Feared that if this new constitution did not pass,
the old system would yield anarchy
Hamilton, Madison, and Jay published more than
80 letters to the editor under the pseudonym
Publius in defense of key parts of the Constitution
(now known as the Federalist Papers)
Ratification
Anti-Federalists opposed it, attacking the ratification
process, the absence of mention of God, the denial
to the states of a power to print money. Ultimately,
they wanted less federal power.
Believed that the new gov’t was an enemy of freedom
(designed to five control of the gov’t to a rich elite), that the
new Constitution was a class-based document, and that the
new gov’t would erode fundamental liberties
Felt that the Convention exceeded its mandate to revise the
Articles
Would not support a new Constitution without a Bill of
Rights
Included notable figures such as Patrick Henry, john
Hancock and Samuel Adams
2 future Presidents, Jefferson and Monroe
Ratification
Debate about ratification involved the
following objections, among others:
The increased power of the central gov’t (major
objection)
The Constitution lacked bill of rights (major
objection)
God was not mentioned in the document
The Constitution did not allow states to print
money, to place duties on imports from other
states, to interfere with lawfully contracted debts
and to harbor runaway slaves.
Ratification
Free speech, free press, and freedom
of religion were NOT explicitly
guaranteed during the ratification
process.
Ratification of the Constitution was
done by special conventions in each
state. Success was achieved when
Virginia and New York ratified the
document in the summer of 1788
Inauguration of the New
Government
The new gov’t assembled in its
temporary capital, New York City, in
March 1789.
Moved to Philadelphia in 1790
Moved to D.C in 1800
April 1789, George Washington was
elected President of the United States