The Constitution

Articles of Confederation

  • Confederation government faced economic challenges (1785-1788):
    • Lack of credit and sound currency.
    • Weak interstate trade.

Road to the Constitution

  • Key events:
    • Mount Vernon Conference, 1785.
    • Annapolis Convention, 1786.
    • Philadelphia Convention, 1787 (May 25 - September 17).

Enlightenment Influence

  • John Locke (1632-1704):
    • Influenced the Glorious Revolution (1689) and American revolutionaries.
    • Reflected in the Declaration of Independence.
  • Montesquieu:
    • Advocated for the separation of powers.
    • Discussed small vs. larger republics; the U.S. was larger than existing republics.
  • Jean-Jacques Rousseau:
    • The Social Contract and The General Will.
    • Favored small republics; doubted sovereignty could be exercised in a large republic.
  • Small Republics:
    • Should prioritize public good over private interests.

Slavery and the Enlightenment

  • Paradoxes existed regarding slavery in an enlightened society.
  • Thomas Jefferson:
    • Embodied tensions and contradictions re: slavery.

The Constitutional Convention

  • Framers:
    • Synthesized ideas, particularly from European Enlightenment philosophers.
    • Relied on American precedents from the Colonial Era.
    • Selectively chose Enlightenment philosophy, which led to problems.
  • Difficult Questions:
    • Could the Constitution adapt to changes in a dynamic society?
    • Could a large republic govern effectively and fairly?
    • What recourse did sections have when national policy jeopardized their economic interests?

Slavery

  • Delegates approached slavery as an economic system vital to the nation.
  • Constitution:
    • Did not prohibit slavery.
    • Several provisions legitimized slavery.
    • "Slave" and "slavery" do not appear in the Constitution.
  • Article I, Section 9:
    • Prevented government from prohibiting the importation of slaves.
    • Slaves referred to as “such Persons as any of the States now existing shall think proper to admit”.
  • Article IV, Section 2:
    • Fugitive Slave Provision: prohibited states from freeing slaves who fled; required their return to owners.
  • Article I, Section 2:
    • "Other persons" (slaves) to be added to the state’s free population at a rate of 3/5ths for Congressional seats and Electoral College apportionment.

Critiques of the Constitution

  • Delegates critiqued the immediate past (Confederation Government).
  • Madison:
    • Believed a republic could grow stronger as it got larger and combat faction.
  • Deliberate Vagueness:
    • This left a bitter legacy for the future of the Republic.

Debate Over the Constitution

  • Federalists vs. Anti-Federalists.
  • Anti-Federalists:
    • Warned that appointed judiciary, unelected Senate, and unelected presidency would overwhelm the House of Representatives.
  • Constitution never adequately addressed many of the most pressing issues.