3.8 Constitutional Convention Notes

Constitutional Convention

Overview

• The Constitutional Convention aimed to address the weaknesses of the Articles of Confederation.

• The central question was whether to amend the existing Articles or create an entirely new constitution.

• Under the influence of figures like James Madison and Alexander Hamilton, the decision was made to draft a new constitution that granted greater power to the federal government.

Representation Debate: Virginia Plan vs. New Jersey Plan

• Virginia Plan:

  • Proposed a strong, centralized state.
  • Advocated for a bicameral legislature (two houses in Congress).
  • Representation in both houses would be based on each state's population.
  • Favored larger states like Virginia due to their greater populations.

• New Jersey Plan:

  • Called for a unicameral legislature (one house).
  • Each state would have equal representation.
  • Favored smaller states.

The Great Compromise

• Addressed the contentious issue of representation.

• Established a bicameral legislature:

  • House of Representatives: Representation based on each state's population.
  • Senate: Equal representation for each state, with two votes per state.

Slavery and Representation

• Debate over whether to count the enslaved population for representation in the House of Representatives.

• Southern states wanted the enslaved population to be counted, while Northern states questioned their status as non-citizens.

• Three-Fifths Compromise:

  • Three-fifths of the enslaved population would be added to the state's population for representation purposes. $(\frac{3}{5})$

• The ban on discussing slavery was taken off the table until 1808.

Voting and Election Outcomes

• Members of the House of Representatives would be directly elected by the people for two-year terms.

• Senators would be elected by state legislatures for six-year terms.

• The president would be elected through the Electoral College:

  • Each state would choose a number of electors based on its population.
  • These electors would then vote for the president.
  • The intention was to remove the election of the president from direct popular vote, placing it in the hands of a select group of individuals deemed more capable of making an informed decision.

Ratification Debate: Federalists vs. Anti-Federalists

• For the new Constitution to take effect, it needed to be ratified by at least nine out of the thirteen states.

• Federalists:

  • Composed mostly of urban and commercial interests.
  • Advocated for the ratification of the Constitution.
  • Alexander Hamilton, James Madison, and John Jay wrote the Federalist Papers, a series of essays explaining the Constitution's nature and the reasons for ratification.

• Anti-Federalists:

  • Opposed the Constitution's ratification.
  • Argued that it granted too much power to the central government at the expense of the states.
  • Criticized the absence of a bill of rights to protect individual liberties.

Outcome

• The Federalists ultimately prevailed.

• They won partly through persuasion and superior organization.

• They also agreed to add a bill of rights to protect individual and state rights against federal overreach.

• By mid-1788, the Constitution was ratified by the required nine states and became the governing document of the United States.