2020 Creating the Constitution

Creating the Constitution

  • Delegates at the Federal Convention in Philadelphia in 1787

    • 55 delegates representing 12 of the 13 states

    • Task was to address the ills of the nation and develop ways to more effectively govern the country

The Delegates

  • Assemblage of some of the "best and brightest" America had to offer

  • Included George Washington, Benjamin Franklin, James Madison, and Alexander Hamilton

  • Most had served in the Continental Army or in Congress under the Articles of Confederation

  • Many had signed the Declaration of Independence and the Articles of Confederation

  • Well-informed about political theories of their day and familiar with ancient Greek and Roman ideas and Enlightenment philosophers

  • Most were wealthy and successful, with occupations ranging from merchants to educators and planters

  • Moderate in their thinking, not radicals

Importance of those who weren't there

  • Thomas Jefferson, Patrick Henry, Samuel Adams, John Adams, and Thomas Paine were not present

  • Some were abroad in Europe as diplomats, others were not chosen or refused to attend

  • Held a different perspective, viewing government as a necessary evil and believing in local control

The Convention Begins

  • Delayed beginning and proceedings conducted in secret

  • Delegates decided to discuss all matters of government, not just revisions to the Articles

The Virginia Plan

  • Proposed a strong national government with three active branches: Legislative, Executive, and Judicial

  • Two-house Congress with proportional representation

  • Presented by Edmund Randolph and Gouverneur Morris

The New Jersey Plan

  • Single-house legislature with equal representation

  • Plural executive elected by Congress

  • Supreme Court chosen by executive

  • Acts by Congress and treaties superior to state law

  • Presented by William Paterson

The Great Compromise

  • House would have proportional representation

  • Senate would have equal representation

Compromises between Northern and Southern States

  • Three-fifths of slave populations would be included in determining House representation

  • South agreed to allow Congress to have the power to pass tariffs

  • North agreed not to interfere with slave importation for 20 years

  • Compromises avoided making slavery an issue for debate

Limits on Democracy

  • Delegates wanted to limit democracy

  • Plan to indirectly elect the president

  • Federal judiciary made an appellate court

  • Power to declare any law unconstitutional not stated, but implied

Major Features and Innovations of the Constitution

  • Separation of powers

  • Checks and balances

  • Limits on direct democracy

  • Supremacy clause

  • Federalism

  • Amendments process

The Struggle for Ratification

  • Congress agrees to send the Constitution to the states

  • Ratification procedure called for direct input from the people, not the state legislatures or Congress

  • Two distinct views emerged: The Federalists and The Anti-Federalists

Federalists

  • Central government essential

  • Believed the Constitution addressed all the shortcomings of the Articles

  • Provisions in place to check government's power

  • Prominent Federalists included Alexander Hamilton, James Madison, and John Jay

Anti-Federalists

  • Central government had too much power

  • Distrust of a "distant" government neglecting their needs

  • Believed the Constitution favored the wealthy and commercial classes

  • No protection of individual liberties

  • Prominent Anti-Federalists included Richard Henry Lee, Patrick Henry, and Samuel Adams

The Federalists' "Hard Sell"

  • Argued that the Constitution adequately addressed the country's problems

  • The Federalist Papers provided sound, reasoned arguments

  • Portrayed the Constitution as the best—and only—plan available

Early Battles for Ratification

  • Battles in Delaware, New Jersey, Georgia, and Connecticut

  • Battles in Pennsylvania and Massachusetts

Page 31: The Ratification Battle in Virginia

  • Famous figures on both sides of the debate

    • Notable individuals involved in the ratification debate in Virginia

  • Maryland, South Carolina ratify by the time the Virginia convention opens

    • Maryland and South Carolina had already ratified the Constitution before the Virginia convention began

  • New Hampshire ratifies while the convention is going on

    • New Hampshire ratified the Constitution while the Virginia convention was still in progress

  • Virginia ratifies the Constitution by a slim margin soon afterward

    • Virginia eventually ratified the Constitution, but the margin of approval was narrow

  • Pro-Constitution cartoon

    • A cartoon supporting the Constitution was created during this time

Page 32: The Final States Ratify

  • New York

    • New York ratified the Constitution

  • North Carolina ratifies in November of 1789

    • North Carolina ratified the Constitution in November 1789

  • Rhode Island ratifies in May of 1790

    • Rhode Island ratified the Constitution in May 1790

Page 33: Creation of a Bill of Rights

  • Initially, the Constitution had no bill of rights

    • The original Constitution did not include a bill of rights

  • Briefly mentioned during the federal convention but rejected

    • The idea of a bill of rights was briefly discussed during the federal convention but ultimately rejected

  • During the ratification conventions, it became clear a bill of rights was desired

    • The ratification conventions highlighted the desire for a bill of rights

  • Federalists agreed to include a bill of rights

    • The Federalists agreed to include a bill of rights in response to public demand

  • Bill of Rights drafted and approved in the first Congress in 1789

    • The Bill of Rights was drafted and approved by the first Congress in 1789

  • Approved by the people through the amendment process in 1791

    • The Bill of Rights was ratified by the people through the amendment process in 1791

Page 34: The Promise in the Bill of Rights

  • Written rights don't guarantee rights

    • The existence of written rights does not automatically ensure the protection of those rights

  • The Bill of Rights continued the dialogue on liberty and freedom discussed at the Federal convention

    • The Bill of Rights furthered the discussions on liberty and freedom that took place during the Federal convention

  • 14th amendment: Federal and state governments are held accountable to not violate people's rights

    • The 14th amendment holds both federal and state governments accountable for not violating people's rights

  • Democracy is best practiced by people defending their rights

    • The optimal practice of democracy involves individuals actively defending their rights

  • The Supreme Court serves as the forum for continued dialogue over people's rights and freedoms

    • The Supreme Court plays a crucial role in ongoing discussions and debates regarding people's rights and freedoms.