Shays’ Rebellion highlighted the need for a balance between liberty and security.
The Convention
Called in Philadelphia to amend the Articles of Confederation.
All states except Rhode Island sent a total of 55 representatives.
Held in May 1787 at Independence Hall and lasted until September 17.
George Washington was unanimously elected president of the proceedings.
Debates were kept secret to avoid outside pressures and allow delegates to freely change their minds.
The Articles of Confederation were deemed irreparable and were to be scrapped.
Major Compromises
The Connecticut Compromise (The Great Compromise)
Issue to Resolve: How should the states be represented in Congress?
Compromise Reached:
Congress would have two houses: the Senate and the House of Representatives.
In the Senate, states would have equal representation.
In the House, representation would be based on population.
Pros/Cons:
Enabled smaller states to support the creation of a strong central government.
Virginia Plan (Large States Plan):
Introduced by Edmund Randolph of Virginia; based on Madison’s plan.
Lower house of Congress: Representation proportional to population.
Upper house (Senate): Also apportioned based on population; members suggested by state legislatures and selected by the House.
Federal system with more central government power, shared with the states.
Three branches of government with checks and balances: Legislative, Executive, and Judicial.
New Jersey Plan (Small States Plan):
Proposed by William Paterson of New Jersey.
Unicameral legislature with equal representation for each state, regardless of population.
Comparison of Plans:
Virginia Plan: Favored a strong national government, bicameral legislature with representation based on population in both houses.
New Jersey Plan: Favored strong state governments, unicameral legislature with equal representation for each state.
Great Compromise: Bicameral legislature with representation based on state populations in the lower house and equal representation in the upper house.
The Three-Fifths Compromise
Issue to Resolve: Should enslaved people be counted when figuring the populations of the states?
Compromise Reached:
All free persons in each state would be counted, and "three-fifths of all other persons" would also be counted.
"Three-fifths of all other persons" was generally recognized to be referring to those who were enslaved.
Pros/Cons:
Southern states were able to count a portion of their slaves for representation but also had to count them when figuring any direct tax levied by Congress.
A bitter debate ensued over slavery, representation, and power.
Southerners wanted enslaved people counted for representation in the House but not for determining taxes owed.
The compromise, proposed by James Wilson of Pennsylvania, stated that 3/5 of enslaved Americans would be counted for congressional representation and taxation.
This gave additional voting power to slaveholding states and prevented the Convention from collapsing over the issue of slavery.
The Commerce/Slave Trade Compromise
Issue to Resolve: Should Congress have the power to regulate foreign and interstate trade?
Compromise Reached:
Congress could not tax the export of goods from any state or interfere with the slave trade for at least 20 years.
Pros/Cons:
Southerners agreed to the inclusion of the commerce power, but northerners had to wait 20 years to ban the slave trade.
Northerners wanted a government that could regulate trade.
Southerners feared that the importation of enslaved Africans would be prohibited and their agricultural exports would be taxed.
This led to the Commerce Compromise, where Congress could not tax a state’s exports, and the slave trade would be prohibited in 20 years (1807).
The Fugitive Slave Clause required all states to aid in the return of an escaped enslaved person.
The Presidency Compromise
Delegates favoring a strong national government wanted a president elected directly by the people with a long term of office.
Those favoring states’ rights wanted a short term of office with the state legislatures in charge of selecting the president.
In the Presidency Compromise, the two sides agreed on a 4-year term and the indirect election of the President through the Electoral College System.
The Electoral College is made up of electors chosen by each state, the number being equal to the number of its congressional representatives; the candidate with the most votes would be president, and the next highest vice-president.
There was no religious requirement for public office.
The President would be Commander in Chief of the armed forces but not be able to declare war (power reserved for Congress), only to repel a sudden attack.
There would be a standing army but with a civilian president and Congress in charge of funding.
The President has the power to veto Congressional legislation.
Ratification Debate
The Start of Ratification
After agreeing to the segments of the new federal government, a 5-man committee prepared the final document.
39 delegates signed the Constitution on September 17th, 1787.
The final hurdle was ratification by the states; it would go into effect once nine states ratified it.
Even before the ratification conventions convened, a great national debate on the new constitution had begun.
Federalists vs. Anti-Federalists
In each state, people took sides with the Federalists (supporters of ratification) or the Anti-Federalists (those who opposed ratification).
Federalists:
Supported removing some powers from the states and giving more powers to the national government.
Favored dividing powers among different branches of government.
Proposed a single person to lead the executive branch.
Anti-Federalists:
Wanted important political powers to remain with the states.
Wanted the legislative branch to have more power than the executive.
Feared that a strong executive might become a king or tyrant.
Believed a bill of rights needed to be added to the Constitution to protect people's rights.
Key Issue: What was the proper role of government?
Federalist Answer: Favored a strong central government and therefore supported the Constitution; included Hamilton, Madison, and Jay.
Anti-Federalist Answer: Favored strong states’ rights and therefore opposed the Constitution; wanted a federal Bill of Rights; included Mason and Henry.
Anonymous writers (Publius) wrote 84 essays in support of ratification → Federalist Papers (Hamilton wrote 51!).
Anonymous writers (Cato) wrote against ratification → the Anti-Federalist Papers.
Ratification
Despite the efforts of the Anti-Federalists, ratification proceeded quickly during the winter of 1787-1788.
Key Dates:
December 1787: Delaware, Pennsylvania, New Jersey (all unanimous).
January 1788: Georgia, Connecticut.
February 1788: Massachusetts.
April 1788: Maryland.
May 1788: South Carolina.
June 1788: New Hampshire (9th state!), Virginia.
July 1788: New York.
November 1789: North Carolina.
May 1790: Rhode Island.
The first Federal elections were held in the early months of 1789.
George Washington was elected president, receiving 100% of the electoral vote, and was inaugurated on April 30th, 1789, in NYC.
Congress immediately went to work on drafting a bill of rights and approved 12 amendments by September 1789, with the first 10 ratified by the states by 1791, becoming the Bill of Rights.
Madison wrote the Bill of Rights.
Key Takeaways
Delegates from the states participated in the Constitutional Convention and, through negotiation, collaboration, and compromise, proposed a Constitution.
The convention compromised over the representation of slave states and the role of the federal government in regulating slavery and the slave trade, which would lead to growing tensions in the 19th century.
In the debate over ratification, Anti-Federalists opposing ratification battled with Federalists. Federalists ensured the ratification of the Constitution by promising the addition of a Bill of Rights that enumerated individual rights and explicitly restricted the powers of the federal government.