1. The Constitutional Convention: May-September 1787

2. Quick Chronology 1774: First Continental Congress meets 1775–1781 (83): American Revolutionary War 1776: Second Continental Congress adopts the Declaration of Independence 1781: Articles of Confederation ratified by the States 1786: Shays' Rebellion erupts 1787: Constitutional Convention in Philadelphia (May–Sept.) 1789: George Washington is unanimously elected president of the United States (elected Feb., takes office in Apr.) U.S. Constitution goes into effect, having been ratified by nine states (March) U.S. Congress convenes (April) 1790: Rhode Island, last state that ratified the Const. (May)

3. Alexander Hamilton (1780): This Confederation is “fit neither for war nor peace”

4. French Ambassador to the U.S.: “There is in America, no general government; there is neither the Congress, nor president, nor head of any administrative department” --1784

5. A.Purpose of the Philadelphia Convention: Delegates sent from the 12 states “to revise the Articles of Confederation”

6. B. Fundamental Disagreements: 1.Representation- Small State View: one state = one vote  that’s the “equality” under Articles Large State View: representation by population  contributing more $ and soldiers

7. 2. Slavery: Southern Demands- a. Continue the slave trade b. Continue slavery c. Slaves must be included in the population count

8. The Pro-Slavery Rationale: Secession: 7 States (with slaves) represent overwhelming majority of U.S. population State’s Rights / Slavery predates Constitution Slaves are property Economic necessity—Whites won’t do work Britain’s fault Slaves were initially enslaved by Africans Emancipation—too expensive/impractical The Bible condones slavery

9. Pennsylvania's Gouverneur Morris at the Convention: "The inhabitant of Georgia [or] South Carolina who goes to the coast of Africa, and in defiance of the most sacred laws of humanity tears away his fellow creatures from their dearest connections and damns them to the most cruel bondages, shall have more votes in a Government instituted for protection of the rights of mankind, than the Citizen of Pennsylvania or New Jersey who views with a laudable horror, so nefarious a Practice." **************** Roger Sherman suggested that representation be based on a count of all free men **************** At least one delegate refused to sign because the Constitution codified and protected slavery and the slave trade.

10. 3. Strength of the National Government “strength controversy” was highlighted in the… C. Key Plans Offered at the Convention 1. New Jersey Plan: small state representation revised the Articles/less expansion of nat’l power 2. Virginia Plan: large state representation toss the Articles/more expansion of nat’l power

11. D. Key Compromises at the Convention 1. The “Great Compromise” by “author” Roger Sherman— Conn. delegate

12. 1. The Great Compromise- a “bicameral legislature” Small State Design: The U.S. Senate- Two senators for each state regardless of size + Large State Design: The U.S. House of Representatives- One minimum—determined by population

13. 2. Slavery—the South Wins Unsigned illustration for The Anti-Slavery Record, Vol. I, No. 5 (May; New York: Published by R. G. Williams, for the American Anti-Slavery Society, 1835) Alderman Library, University of Virginia.

14. a. Continued the Slave Trade until 1808 Article I, Sec. 9: The Migration or Importation of such Persons as any of the States now existing shall think proper to admit, shall not be prohibited by the Congress prior to the Year one thousand eight hundred and eight, but a tax or duty may be imposed on such Importation, not exceeding ten dollars for each Person.

15. b. Continued Slavery No specific mention of “slaves” or “slavery” in the Constitution

16. c. The “3/5” Compromise Article I, Sec. 2: Representatives and direct Taxes shall be apportioned among the several States which may be included within this Union, according to their respective Numbers, which shall be determined by adding to the whole Number of free Persons, including those bound to Service for a Term of Years, and excluding Indians not taxed, three fifths of all other Persons.)

17. III. Ratification & the Federalist Papers Constitutional Convention Adjourned: September 17, 1787 First State to Ratify: Delaware- December 7, 1787 Constitution Takes Effect: March 1789 (10 states had ratified) Last State to Ratify: Rhode Island: May 29, 1790

18. A. Madison & Factions Madison’s View of Human Nature: “ But what is government itself, but the greatest of all reflections on human nature? If men were angels, no government would be necessary. If angels were to govern men, neither external nor internal controls on government would be necessary. “ Federalist 51

19. A. Madison & Factions Madison’s View of Human Nature: “ But what is government itself, but the greatest of all reflections on human nature? If men were angels, no government would be necessary. If angels were to govern men, neither external nor internal controls on government would be necessary. “ Federalist 51

20. Factions: Definition & Problems “By a faction, I understand a number of citizens, whether amounting to a majority or minority of the whole, who are united and actuated by some common impulse of passion, or of interest, adverse to the rights of other citizens, or to the permanent and aggregate interests of the community.” Federalist #10

21. B. Madison’s Response: The Madisonian Model Fundamental Approach: “If angels were to govern men, neither external nor internal controls on government would be necessary.” Federalist 51 Thus…factions would be controlled externally and internally (inside and outside controls)

22. A. “Republican” Form of Government (popular sovereignty)

23. A. “Republican” Form of Government Republic: “a government whose powers are exercised by elected representatives directly or indirectly accountable to the people governed” “Republic”--An Internal or External Control? Sufficient? “A dependence on the people is, no doubt, the primary control on the government; but experience has taught mankind the necessity of auxiliary precautions.” Federalist #51

24. 2. Gov’t Beyond the People’s Direct Control—Election & Selection House of Representatives Senate President and VP Supreme Court Justices

25. 2. Gov’t Beyond the People’s Direct Control—Election & Selection House of Representatives General Citizenry Senate President and VP Supreme Court Justices

26. 2. Gov’t Beyond the People’s Direct Control—Election & Selection House of Representatives General Citizenry SenateState Legislatures President and VP Supreme Court Justices

27. 2. Gov’t Beyond the People’s Direct Control—Election & Selection House of Representatives General Citizenry SenateState Legislatures President and VP Electoral College Supreme Court Justices

28. 2. Gov’t Beyond the People’s Direct Control— Election & Selection House of Representatives General Citizenry SenateState Legislatures President and VPElectoral College Supreme Court JusticesPresident  Nominates (appoints) Senate  Approves (gives consent)

29. 3. Separation of Powers / 4. Federalism = “External Controls” “Ambition must be made to counteract ambition.” Federalist #51 “The accumulation of all powers, legislative, executive, and judiciary, in the same hands, whether of one, a few, or many, and whether hereditary, selfappointed, or elective, may justly be pronounced the very definition of tyranny.” Federalist #47

30. 5. Checks and Balances “all men having power ought to be distrusted to a certain degree” Madison’s notes at the Convention