1. Compromise and Consent
The U.S. Constitution
Compromise and Consent

2. Continental Congress (1774-1781)
Ad hoc
No formal authority
Central “authority” for insurgents
The patriots were rebels – committing treason!
Declaration of Independence (1776)

3. Articles of Confederation (1781-1789)
Passed by Continental Congress and approved by all colonies
“Confederation of states”
States held most of the power, not the national government
Power given to national government came from states, not people
One house Congress, no permanent elected executive

4. Impetus for Change Economic crisis Threats of violence
James Madison and Alexander Hamilton called for reform

5. Call for Reform
National legislature called for a convention to “revise” the Articles of Confederation
This meeting of delegates from the states became known as the Constitutional Convention (Philadelphia, 1787)

6. How Did We Get a Whole New System?
Virginia delegation (headed by Madison) got there first
First 11 days, just Virginia and Pennsylvania
Virginia plan became the starting point for debate

7. Basics of Virginia Plan
Bicameral legislature, representation based on population
National executive office (chosen by national legislature)
Strong national government

8. So, What Do We See at the Convention?
Economic self-interest (the big state / small state dispute)
Men who were powerful in their communities didn’t want to lose that with a strong, popularly elected national government
Distrust of government – been there, done that
The accepted belief, though, that change was necessary Motivated compromise

9. Inherent Tensions
Need strong national government to secure economic stability
Want to avoid “excessive democracy” (didn’t trust the masses)
Don’t want the national government to be too powerful – worried about tyranny
Need to make the new system palatable to the masses to gain support

10. Genuine Disputes
Big states (like Virginia) wanted representation based on population
States with agricultural economy wanted slaves to count for representation (but not taxation)
Small states wanted representation on a per state basis
States without large slave populations did not want slaves inflating representation

11. Pathways to Compromise
Gag order on convention delegates
Delegates changed the rules to make it easier to ratify new document
Compromise achieved through
Splitting differences
Vague language
Leaving some questions unanswered

12. What Came Out of The Convention Population v. Per State
The Connecticut Compromise
Representation in the House based on population BUT
Representation in the Senate equal for every state

13. What Came Out of the Convention What to Do with Slaves?
The Three-Fifths Compromise
Every five slaves counted as three people for purposes of calculating population BUT
Applied for both representation and taxation

14. What Came Out of the Convention
A national government with sufficient power to control the economy BUT
With an internal system of checks and balances, frequent elections, and a broad range of “constituencies” to prevent concentrated power

15. What Came Out of the Convention
Enumerated (or “express”) powers for the national legislature, to allay fears of an all-powerful national government BUT
Language, such as the elastic clause, that gives the legislature latitude to respond to new situations

16. What Came Out of the Convention
Direct elections of the House of Representatives, to appease the masses BUT
Indirect election of the President and Senate and appointment of federal judges, to avoid “excessive democracy”

17. Still, Ratification an Uphill Battle
Concern over a “bill of rights”
The debate between the Federalists and the Anti-federalists

18. Bill of Rights Not included because not thought necessary
Figured the states would provide those rights
Turns out the masses weren’t as trusting, wanted guarantees
Mass, VA, and NY wouldn’t ratify without a promise of a bill of rights
NC and RI waited until the bill of rights actually adopted before ratification

19. Federalists v. Anti-Federalists
Property owners, creditors, merchants
Wanted elites (like themselves) to hold power
Felt representation should be “in your best interests,” not necessarily what you wanted
Worried about tyranny of majority
Small farmers, debtors, shopkeepers
Wanted common people (like themselves) to hold power
Felt representation should be direct and so government had to be small
Worried about tyranny by the elite minority

20. Federalists v. Anti-Federalists
Felt the tendency for power to be abused could be controlled by institutional mechanisms (checks and balances)
Felt the tendency for power to be abused should be controlled by limiting power, period.