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The Constitutional Convention. May 25 – September 17, 1787. Events of 1783 - 1787 . After 1783, when the Continental Army beat the British in the Revolution, the country was governed by the Articles of Confederation, which proved to be too weak to govern the states
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The Constitutional Convention May 25 – September 17, 1787
Events of 1783 - 1787 • After 1783, when the Continental Army beat the British in the Revolution, the country was governed by the Articles of Confederation, which proved to be too weak to govern the states • In September 1786, the Annapolis Convention in Maryland was held, primarily to discuss trade disputes between the states, however only 5 of the states showed up; it was decided to call another convention in May 1787 • In late 1786 and early 1787, Shays’ Rebellion (combined with other events) convinced many in America that a stronger government was needed
Washington • In 1783, Washington had retired, clearly stating his intention of spending the rest of his days in private life • Events forced Washington to reconsider, as his friends urged him to accept an appointment to the Constitutional Convention • Washington’s presence at the Convention would legitimize it; he feared that if he did not go, it might be interpreted as a rejection of the Convention
Madison • James Madison was a short (5’6”) man, shy, and bookish • Madison - the “father” of the Constitution - influenced its development through his thought and scholarship; he had spent much time studying forms of government, seeking to learn the lessons of the past
The Delegates • More than 1/2 were lawyers • 4/5 were current or former members of Congress; most of them had served in colonial, state and local governments • About 1/2 were veterans of the Revolution • The delegates were young - the average age was only 43
Notable Men Who Did Not Attend the Convention • Thomas Jefferson was serving as US ambassador to France • John Adams was in England as the US ambassador there • Key leaders of the Revolution refused to attend, such as Patrick Henry, Sam Adams, and Richard Henry Lee • In refusing to go Henry famously said, “I smell a rat.” • In spite of these absences, Washington’s presence at the convention was enough to reassure many who would have worried about a coup otherwise
The Convention Begins • May 14, 1787 was the day appointed for the Convention in Philadelphia to begin • The delegates met at the State House (now called Independence Hall), where the Declaration of Independence had been signed in 1776 • However, a quorum of 7 states (the minimum needed to conduct business) was not reached until May 25
May 14 – May 25 • The Virginia delegates (led by Madison) and the Pennsylvania delegates met • These men were from the two most powerful and heavily populated states, and shared a desire to strengthen the US government • The delay allowed these men to plan how to create a more powerful government and overcome objections from those who disagreed
Washington is Elected to Lead the Convention • On May 25, the first order of business was to elect a presiding officer • Washington was nominated and without discussion, was unanimously elected
The Rule of Secrecy • The Convention then adopted some rules • One of the most important was the rule of secrecy: • “no copy be taken of any entry on the journal during the sitting of the House without the leave [permission] of the House” • Allowed the delegates to take risks with new ideas and argue, but ultimately come to agreement
Madison’s Notes • James Madison kept the most complete record of the convention • “I chose a seat in front of the presiding member, with the other members on my right hand and left hand. In this favorable position for hearing all that passed I noted” the proceedings in shorthand • At night, Madison would stay up into the night transcribing his notes into long hand • Madison’s notes were published in 1840, after all the members of the Convention had died
The Virginia Plan • Madison’s plan to “correct and enlarge” the Articles was introduced first, on May 29, allowing him to set the agenda for the Convention • The “national legislature” would have 2 houses • Representation in both houses would be based on population • Lower elected by the people; upper elected by the lower • A “national executive” appointed by the legislature • A “national judiciary” with authority to decide cases involving the nation • Both executive and judiciary (together) had power to veto legislative acts
The Decision to Form a New Government • After the Virginia Plan was introduced, the members of the Convention realized that they had to make a decision: • Were they just going to revise the Articles of Confederation (as they had been sent to do) or form a completely new government? • On May 30, a motion was carried by a vote of 6 states to 1, to form a new government
The New Jersey Plan • Proposed by William Paterson of New Jersey on June 15 • Unicameral Congress with more powers than Congress had under the Articles • Representation equal among the states • Could set taxes and force their collection • Laws passed by Congress were superior to state laws • A multi-person executive, elected by Congress, who served a single term • A judiciary appointed by the executives
Virginia vs. New Jersey Plans • The Virginia Plan gave the national government much more power than the New Jersey Plan, which tried to stay closer to a confederation • The biggest disagreement was over representation: • Under the Virginia Plan, representation in Congress would be by population; under the New Jersey Plan, representation would be by state - each state would have 1 vote
The Great (Connecticut) Compromise • First proposed by Roger Sherman on June 11 • Sherman proposed that in the House, representation would be according to population, and in the Senate, each state would be equal • Tabled while the delegates bitterly argued over the Virginia and New Jersey Plans for weeks • Finally, after much discussion and a narrow vote (5 states to 4), on July 16, the large states gave in, and allowed for equal representation in the Senate • Without this compromise, it is unlikely that the Convention would have been successful
Key Provisions of the Articles of Confederation, the Virginia Plan, the New Jersey Plan, and the Constitution
The Problem of Slavery • The Convention delegates also had to deal with the problem of slavery • Disagreements over slavery between the North and South had already begun • The first abolitionist group was formed in 1775 • The Northern states had either outlawed slavery or were about to (the last was in 1804) • In 1787, the Northwest Ordinance passed, which outlawed slavery in the Northwest territories
The Problem of Slavery • In 1787, the slave states had sufficient population to block any antislavery laws in the proposed House • However, trends showed that the South was moving toward minority status • Competition with slaves meant that few immigrants were willing to settle in the South
The Problem of Slavery • To ensure a continued strong presence in the House, during the Convention southern delegates proposed counting slaves for purposes of representation • Slaves were a significant percentage of the population (30% - 40%) in several states • This proposal enraged the antislavery New England representatives who only wanted to count slaves for national taxes levied by the national government on the states
The 3/5 Compromise • On June 11, James Wilson of Pennsylvania (who personally opposed slavery) introduced the 3/5 Compromise • For both purposes of representation and taxation, slaves would count as 3/5 of a person • Further, the importation of new slaves could be banned by Congress beginning in 1808 (but not before)
The 3/5 Compromise • Some in the North were outraged at the proposal • Gouverneur Morris, of Pennsylvania, asked, “Are they admitted as Citizens? Then why are they not admitted on an equality with White Citizens? Are they admitted as property? Then why is not other property admitted to the computation?” • Elbridge Gerry, of Massachusetts, sarcastically asked why New Englanders could not count their cattle if the South could count their slaves
Why the 3/5 Compromise Was Accepted • After extensive debate, this compromise was finally agreed on • Alexander Hamilton said that if it hadn’t been made, “no union would have been possible” • Most northerners at the convention believed that slavery was moving toward extinction • Most northern states had abolished slavery • Even Virginia had allowed owners to set their slaves free in a 1782 law
The Cotton Gin • Eli Whitney’s invention of the cotton gin in 1793 increased the amount of cotton that could be cleaned (by removing the seeds) by 5 times • Cotton production was greatly increased because short-staple cotton (which grew inland) could be cleaned with the machine • Cotton became much too profitable for the South to give up its slaves
The Compromise on Tariffs • Southerners opposed tariffs fearing they would damage the Southern economy, which was heavily dependent upon trade • Northerners wanted tariffs to protect their industries from foreign competition • The Constitution allows the federal government to tax imports but not exports
The Compromise on the Election of the President • Some delegates believed the president should be elected directly by the people • Others believed that the people could not be trusted with such a decision • It would be difficult for the people know much about candidates for president in a time before mass media • Opponents of direct election offered a number of alternatives, including election by state legislatures • It was decided that the president would be elected indirectly by the electoral college to a four year term of office
Signing the Constitution • After much more discussion, the Convention was finally ready to put the Constitution on paper • On September 8, the Committee of Stile and Arrangement worked to put Constitution in final form • On September 17, 39 of the original 55 delegates approved and signed the Constitution
The Legislature • Under the Constitution, the legislature was made up of 2 houses • Representation in the House was based on population; representation in the Senate was equal among the states
The Executive • The President was made head of the executive branch • The president’s duty is to execute the laws and function as commander-in-chief of the armed forces
The Judiciary • The Constitution set up a national judiciary, with power to rule on the laws and treaties of the US and to rule on disagreements between states
