The Road to the Constitution

The Articles One Achievement The Articles were weak and inefficient, but under their guidance one beneficial action occurred: The Northwest Ordinance of 1787 This dealt with how America’s western lands would be divided and governed The Ordinance forbade slavery in the Northwest territory and allowed it to be divided into no less than three and no more than five territories When population reached 60,000 the territory could write a state constitution and apply for admission as a state.

Philadelphia, May 1787 55 delegates meet to address the weaknesses of the Articles of Confederation Madison had arrived early, armed with his vision; the Virginia Plan This plan suggested a federal government – a union that divided powers between a strong national government and the states. It consisted of an executive, judiciary and two-house legislature with number of members determined by population.

Federal Hall

James Madison He is referred to as the “Father of the Constitution” He recorded every word that was spoken during the convention

Determining the Balance The greatest issue to be determined was the balance of government between the national, or central, and the individual states. Many still feared a strong government would become abusive Others feared anarchy, like Shays’ Rebellion if the national government did not gain more authority

Various Plans Many delegates were shocked by Madison’s Virginia Plan – many wanted to amend the Articles of Confederation, not throw them out The Virginia Plan passed but the small states were unhappy about the legislature Roger Sherman of Connecticut to the rescue – THE GREAT COMPROMISE – the House of Representatives based on population and the Senate based on equality; two per state.

North/South Compromises The next issue, that threatened to split and end the Convention was slavery. How should slaves be counted for representation/ South- wanted them to count as people to increase their number of Congressmen North- do not count slaves at all since they were treated as property. Three-Fifths Compromise- each slave would count as 3/5 a person in determining House representation and direct taxes. Many hated slavery but South Carolina and Georgia would not have joined without it!

Slavery Continued Next, the delegates addressed the slave trade The Prohibition of slave imports would be delayed until 1807. The delegates wanted this to be a living document for the ages – the word slave is never used in the Constitution Gouverneur Morris – wanted to give Blacks the right to vote.

Legislative Debate Who should elect the representatives Many believed, like Hamilton, the people were too uneducated and easily influenced to do this Others, like Madison, believed that a free government must flow from the people The Compromise- House of Representatives elected directly by the people and the Senate would be elected by the state legislatures. (in 1913 the 17th Amendment provided for the direct election of Senators)

Executive Debate While many feared it, they knew they had to have a strong president Who should elect this powerful ruler? Again, the arguments ensued The Compromise- the president would be elected indirectly by the people through the Electoral College Candidate with most votes= president, second place= V.P.

The Convention Ends 42 delegated remained by August, 1787 Many debates had ensued, but compromise prevailed 39 signed the document (Mason refused because of lack of Bill of Rights) Article VII: “The ratification of the Conventions of nine states shall be sufficient for the establishment of this Constitution between the states so ratifying the same.” New Hampshire was the 9th state – June 21, 1788 Constitution now supreme law of the land

Federalists v. Anti-Federalists Federalists supported the Constitution and wanted a strong national government Anti-Federalists- opposed the Constitution because it lacked a Bill of Rights –many saw these as their protection against government interference

Federalist Papers Penned by Alexander Hamilton, John Jay and James Madison under the name of Publius, these were a series of 85 essays, printed in newspapers, explaining the Constitution and trying to convince people to ratify the Constitution. It worked!

Bill of Rights The addition of a Bill of Rights was promised through an amendment to be added to the Constitution if it was ratified The Bill of Rights, the first ten amendments to the Constitution, was added in 1791.

What did they Ratify? A federal government- a government that shares powers between the national and state governments Three branches: Legislative (laws), Executive (executes laws) and Judicial (interprets laws) Each branch has its separate powers System of checks and balances – each branch can check the other two in order to keep any branch from assuming too much power.