Drafting the Constitution Chapter 5, Section 2

What was the “biggest” problem facing the nation under the Articles of Confederation?

Answer: Commerce between the states Answer: Commerce between the states. Quarrels over boundries (Close 2nd: Civil Disorder-Shays Rebellion) EXPORTS / RELATIONS WITH EUROPEAN POWERS

General Daniel Shays, Colonel Job Shattuck, artist unknown An anti-Shays cartoonist depicts Shays and a key supporter as bogus military officers who sought power and threatened the people's liberty. (National Portrait Gallery, Smithsonian Institution/Art Resource, New York) Copyright © Houghton Mifflin Company. All rights reserved.

National government Shay’s rebellion, the farmers protest, caused panic throughout the nation. Debt ridden Farmers hit with higher taxes Massachusetts January 1787 Every state was in debt, it was just a matter of time until another rebellion arose somewhere else. Since the state governments had all the power, a new national government was needed to set things right in the United States

Call for convention clearly a new form of gov’t was needed. Trade was one of the biggest concerns. Interstate trade was a major problem, states often argued with each other about taxes. Annapolis (only 5 states sent reps) September, 1786 Trade meeting Also discussed: plans for a new gov’t May, 1787 55 Delegates from 12 states gathered in Philadelphia to “reform the Articles”

Constitutional Convention New Generation of Leaders: Madison and Jefferson, et al. Absent: John and Sam Adams, Patrick Henry, and Thomas Henry, other revolutionaries Goal – Strengthen the Republic (Against enemies foreign and domestic)

James Madison by Charles Willson Peale, 1783 James Madison described himself as "feeble" and "sickly" and suffered all his life from dizzy spells and stomach disorders. But this small, shy Virginia planter and lawyer won the respect of his colleagues as a brilliant political theorist during the drafting of the Constitution, and later as a genius for organizing the machinery of party politics. (Library of Congress) Copyright © Houghton Mifflin Company. All rights reserved.

Conflict State rights: Two fundamental questions faced the delegation: Delegates still worried about a strong national government. however the country needed an efficient national government Representation: Everyone in the country had to be represented in the government. Not just the land owners. Two fundamental questions faced the delegation: 1. How to have a strong national government, but still have state rights. 2. Balance interests of all people.

First draft of the Constitution with wide margins for notes, August 6, 1787, folios 1 and 5 In August of 1787 a first draft of the Constitution was secretly printed in Philadelphia for the use of convention members. Wide margins left room for additions and amendments, such as those made on this copy by Pierce Butler, the South Carolina delegate. Note that in this early version the preamble does not yet read "We the people of the United States," but instead begins by listing the individual states. (The Gilder Lehman Collection, on deposit at the Pierpont Morgan Library/Art Resource, New York) Copyright © Houghton Mifflin Company. All rights reserved.

Big States vs. Small States How could there be fair representation for larger states and smaller states. Unlike the Articles of Confederation, there had to be fair representation of a state’s size. Delegates came up with two plans to solve this problem New Jersey Plan William Paterson Small States Virginia Plan James Madison Larger States

Representation New Jersey Plan Virginia Plan William Paterson Single house legislature as was used in the Articles of Confederation Each state gets one vote Plan favored the smaller states Virginia Plan James Madison Two-house legislature Membership based on the population of the state. People would vote in members of the lower house, they in turn would elect the upper house. Legislature would elect President Favored the larger states

The Great Compromise Debate on the two plans became heated, and then deadlocked. Finally a compromise was reached (Roger Sherman) Two House Legislature Upper House (Senate) Each state would have equal representation (Smaller states) Elected by State legislatures Lower House (House of Representatives) Representation would be based on the size of the state. (Larger states)

Slavery and Representation The Great Compromise failed to deal with one particular issue, that of slavery and representation. The southern states, hypocritically, wanted slave to be counted in the population of the state. Why would this be bad for northern states? 3/5ths Compromise Slaves would be counted as 3/5ths of the states population. For every 5 slaves, 3 of them would be counted in the population.

CONSTITUTION =COMPROMISE “Great Compromise” – proposed by Roger Sherman House of Reps for Populous States (all tax / revenue bills had to originate here) Senate for Small States Power of govt. divided into 3 branches “3/5ths Compromise” Compromise on counting slaves as part of population Rule based on consent of the governed, but by means of representative, not direct, democracy Democratic power limited by powerful federal judges and the Electoral College, only Representatives directly elected Limited Government achieved through Checks and Balances LIBERTY WAS BALANCED WITH ORDER Only 3 of 41 delegates refused to sign it. Sent to states for approval

Division of Powers = Checks and Balances EXECUTIVE JUDICIAL LEGISLATIVE