G&P Ch. 2b (& Supplemental Readings)

Chapter Two B Lecture Notes

Overview of the Philadelphia Constitutional Convention

  • Timeframe: 1787, from May 25 to September 17.
  • Context: Discusses the move away from the Articles of Confederation towards the creation of a new constitution.
  • Outcome: Establishment of Federalism, a stronger national government compared to the Articles of Confederation.

Exam Review Guide Overview

  • Short Answer Questions: Focusing on 1) Slavery in the US Constitution and 2) the ratification process of the Constitution.
Slavery in the Constitution (Question 3)
  • Four Clauses Related to Slavery:
    • Three-fifths Clause:
    • Location: Article I, Section II, Clause 3.
    • Definition: For representation purposes, enslaved persons count as three-fifths of a free person for congressional representation.
    • Implication: Benefited slave states by increasing their representation in Congress while paradoxically denying the humanity of slaves.
    • Fugitive Slave Clause:
    • Location: Article IV, Section II, Clause 3.
    • Definition: Required that escaped slaves must be returned to their owners, even if they reached free states.
    • Implication: Reinforced the idea of slaves as property.
    • Slave Trade Clause (Atlantic Importation Clause):
    • Location: Article I, Section IX, Clause 1.
    • Definition: Congress could not ban the importation of slaves until 1808, ensuring at least 20 additional years of the slave trade.
    • Implication: Guaranteed the slave trade's continuation until the set date without restriction.
    • Thirteenth Amendment (1865):
    • Definition: Abolished slavery and involuntary servitude, invalidating the three previous clauses endorsed by the framers.
Constitution Ratification Process (Question 4)
  • End of the Constitutional Convention: September 17, 1787; the Constitution needed ratification from three-quarters of state legislatures.
  • Timeline for Ratification: Ratification process spanned until June 21, 1788, when Rhode Island's ratification finalized the legal establishment of the Constitution.
  • Federalists vs. Anti-Federalists:
    • Federalists: Supported the Constitution and wanted a strong national government (e.g., James Madison, Alexander Hamilton).
    • Notable Work: The Federalist Papers—85 essays advocating for ratification, with contributions from Hamilton (51), Madison (26), and John Jay (5).
    • Anti-Federalists: Opposed the Constitution, fearing it gave too much power to the federal government (e.g., Samuel Adams, Richard Henry Lee, George Mason).
    • Pandemic Documents: Anti-Federalist Papers, critiquing the Constitution and advocating for a confederate system or a stronger government.

The Constitutional Convention**

  • Goal of the Convention: To address the weaknesses in the Articles of Confederation.
  • Recognition: Confederal systems (where states hold most power) were ineffective, necessitating a balanced federal structure.
  • Constitution's Framework:
    • A new bicameral legislature formed due to the Connecticut Compromise, addressing population vs. equal representation concerns:
    • House of Representatives: Proportional representation based on state populations (Virginia Plan).
    • Senate: Equal representation for all states (New Jersey Plan).

Key Components of the Constitution

  • Articles: Original Constitution divided into:

    • Preamble
    • Seven Articles (Article I - Legislative, II - Executive, III - Judicial).

  • Amendments: The Constitution has been amended 27 times, including the first 10 amendments known as the Bill of Rights, which protected individual liberties and freedoms.

Summary of Articles
  • Article I: Establishes the Legislative Branch (Constitution).
  • Article II: Establishes the Executive Branch (President and Vice President).
  • Article III: Establishes the Judicial Branch (Supreme Court and lower courts).
  • Subsequent Changes: Amendments address various political and civil liberties; the Bill of Rights added due to Anti-Federalist pressure post ratification.
The Role of Slavery in the Constitution
  • Endorsement of Slavery: The initial Constitution included clauses recognizing and perpetuating the institution of slavery, highlighting contradictions inherent in the framers’ ideals.
  • Impact on Representation: The three-fifths compromise significantly affected the political landscape, favoring slaveholding states.
Electoral Process and Presidential Elections
  • Electoral College:
    • Reason for Indirect Election: Established to avoid a direct populace vote for President, aiming to balance small vs. large states’ influences.
    • Current System: Each state’s electoral votes equal its congressional representation; 270 votes needed to win the presidency.
Changes Over Time
  • Seventeenth Amendment: Shifted senatorial elections to direct election by voters to enhance democratic representation.
  • Judicial Review: Established through Marbury v. Madison, allowing courts to invalidate laws contradicting the Constitution;
Conclusion
  • Functionality of Government:
    • The Constitution established a framework intended to balance power between federal and state authorities while safeguarding rights and ensuring a representative democracy.
    • The evolution of this framework emphasizes the ongoing struggle between federal and state interests as well as the balance of personal liberties against governmental powers.
Additional Recommended Reading
  • Books recommended for further understanding include Decision in Philadelphia and Miracle at Philadelphia to gain in-depth perspectives on the Constitutional Convention, alongside discussions of influential figures like James Madison and George Washington.