Lesson 16 : What opinions did the Framers have of the Constitution?

1. Lesson 16: What opinions did the Framers have of the Constitution? • This lesson focuses on the opinions of two of the Framers about the new Constitution: • Ben Franklin, and • George Mason • When we finish, you should be able to explain: • Franklin’s reasons for supporting the Constitution • Mason’s arguments against the Constitution

2. Not Perfect, But the Best Possible • When the Framers left the Convention, they did not believe they had created a perfect plan of government. • The four months of the Convention had been filled with disagreements. • Some delegates walked out of the Convention. • A few others refused to sign the Constitution. • The majority of delegates, however, thought they had done the best they could. • On September 17, 1787, the last day of the convention, Ben Franklin made his feelings known to all the delegates. He was too weak to read his speech so he had James Wilson, a fellow delegate from Pennsylvania, read it for him.

3. Ben Franklin’s attitude toward the Constitution: • He urged all the delegates to sign the Constitution because although it might not be perfect and he didn’t agree with everything in it, he believed that it was the best plan of government ever designed. • He did not agree with everything in the Constitution but he doubted his ability to know more than the rest of the delegates. • He was willing to accept the Constitution because he believed that a national government was necessary. • He did not believe that any other group of men could create a better plan of government. • He praised the delegates for their cooperation. • He congratulated the other delegates for having produced what he believed was the best plan of government ever designed. • He warned of the harmful effects that might result if the delegates let people know of their objections to the Constitution. • He asked the other delegates to consider, as he had, the possibility that their objections to the Constitution might not be as good as they thought they were.

4. In your opinion, which of Franklin’s reasons for signing the Constitution do you think might have been the most persuasive to the other delegates? • He did not agree with everything in the Constitution but he doubted his ability to know more than the rest of the delegates. He asked the other delegates to consider, as he had, the possibility that their objections to the Constitution might not be as good as they thought they were. • He was willing to accept the Constitution because he believed that a national government was necessary. • He did not believe that any other group of men could create a better plan of government and he believed it might be the best plan of government ever designed.

5. Who was George Mason? • A leading delegate from Virginia (a large state) • Author of the Virginia Bill of Rights • Supported of the rights of the people and the states • Great debater: according to James Madison, Mason had “the greatest talent for debate of any man he had ever seen or heard speak.” • Attended the convention to the end but did not support the Constitution and refused to sign it. • Wrote his objections to the Constitution on the blank pages of his copy of it.

6. Mason’s Criticisms of the Constitution: • Senators were to be selected by the state legislatures, not the people  senators wouldn’t represent the people or be responsible to them • This is no longer the case today—Senators are directly elected • Too much power was given to the President and the Senate and neither was directly elected by the people (unlike the House of Reps) For example: • The President was given the power to make treaties with the approval of the Senate  the President and the Senate could create laws without the approval of the House of Representatives • The national judicial branch was too powerful  could crush the state courts • The President was given the power to grant pardons for acts of treason  he could pardon individuals who may have committed serious crimes on his behalf • The requirement of a simple majority vote by each house of Congress on commercial and trade laws completely favored the northern states  the agricultural interests of the South might not be protected and this might ruin the South • The necessary and proper clause gave Congress too much power

7. What was the most notable of Mason’s criticisms of the Constitution? • The Constitution did not include a Bill of Rights, or a list of the rights that the government cannot take from the people and must protect. • The list of rights would include things like rights to free speech, fair trials, and freedom of religion • Elbridge Gerry and Edmund Randolph also did not sign the Constitution because it lacked a Bill of Rights.

8. Lesson 17: Who were the supporters and critics of the Constitution? • In this lesson we will learn about the struggle to get the Constitution ratified (or formally approved) by the states. • When we finish this lesson, you should be able to describe the differences between the arguments of the Federalists and the Anti-Federalists.

9. Who were the Federalists? • People who supported the Constitution and wanted it ratified. • To help get it ratified, three of the Federalists, Alexander Hamilton, James Madison, and John Jay write a series of articles supporting ratification called The Federalist that were appeared in a newspaper

10. Who were the Anti-Federalists? • People who fought against the ratification of the Constitution. • They were able to delay ratification for 10 months by fighting hard against it. • Included: • George Mason, Edmund Randolph, and Elbridge Gerry (all attended the Convention) • John Hancock, Samuel Adams, Richard Henry Lee, and Patrick Henry

11. Why didn’t the Federalists want the Constitution submitted to the existing Congress or state governments for ratification? • James Madison and other Federalists were afraid that the Constitution would be rejected if either the existing Congress or the state legislatures were asked to ratify it. • To avoid this he thought the best plan was to get the voters of each state to ratify the Constitution through popularly elected delegates to state ratifying conventions. • In this way, the Constitution would be a social contract—an agreement among the people to create a government.

12. Three Main Questions in the Debate over Ratification • Would the new Constitution maintain a republican form of government? • Would the national government have too much power? • Should there be a Bill of Rights in the new Constitution?

13. How did the Federalists answer the criticism that the Constitution gave the federal government too much power? • The Federalists admitted that it was true that the national government would have more power than it did under the Articles of Confederation. • But its powers are limited to tasks that face the entire nation: trade, currency, defense • Experience has shown that a stronger national government it needed to deal with trade, currency and defense. • The Constitution provides adequate protections for the state governments to prevent their being destroyed by the national government.

14. The Anti-Federalists lost their battle to prevent the adoption of the Constitution. However, their struggle left a permanent impact on the Constitution. What was this impact? • The Federalists agreed to add a Bill of Rights to the Constitution. • They made this compromise to get enough support for the Constitution so it would be ratified. • They agreed that when the first Congress was held, it would draft a bill of rights.

15. Homework for Tonight • Study for test—use your study guide to study!