Constitutional Convention and Founding Debates — Comprehensive Study Notes
The Articles of Confederation: Weaknesses and Early Problems
The United States fought Britain again in the War of 1812, which is sometimes called the Second War for Independence, though the U.S. wasn’t technically gaining independence anew.
Problems the young nation faced under the Articles
Each state had its own currency; there was no effective national currency.
There was a national currency, but it was essentially worthless and not widely used.
Result: people had to exchange money every time they crossed a state border; commerce was inefficient.
The central government lacked power and credibility to coordinate national defense or economic policy.
The central government could not reliably raise or supply a national army or coordinate military action across states.
Comparison: Europe addressed currency fragmentation by adopting a regional currency (the euro), while the United States could not implement a similar solution at the time.
Implications: The central government’s weak authority limited its ability to respond to internal uprisings and external threats.
Illustrative example: Shays’ Rebellion demonstrated the federal government’s impotence in rallying troops or resources from the states to quell uprisings.
Key takeaway: Under the Articles, the national government’s authority was insufficient to govern effectively, especially in military matters and monetary policy.
The Constitutional Convention: Purpose, People, and Pragmatic Compromises
The convention was convened in Philadelphia to address the weaknesses of the Articles of Confederation.
Composition and character of the delegates
55 delegates attended from all states except Rhode Island.
They were all white, male, and wealthy landowners.
They took the Confederation Congress’s permission to draft a new framework for government.
A core insight: the Constitution is a product of compromise; the delegates realized revising the Articles would be insufficient and that “scrapping and starting anew” might be necessary.
Initial challenge: unanimity among all states was required to revise the Articles, which was impractical given the country’s disunity.
The outcome: rather than simply revising, they designed a new framework that increased the power of the national government while creating checks and limits.
The convention’s overarching theme: the balance between national power and state autonomy, and the prevention of both tyranny and anarchy.
Core Principles and Structures in the Constitution
Five core principles the Constitution embodies:
1) Separation of powers: distinct legislative, executive, and judicial branches with separate powers.
2) Checks and balances: each branch can limit the others to prevent the abuse of power.
3) Federalism: division of power between the national government and the states.
Clarification: federalism concerns the distribution of power across levels of government; it is the framework for how power is shared between federal and state governments.
4) Popular sovereignty: ultimate political authority rests in the people; the Constitution begins with We the People.
5) Rule of law: government is bound by law; leaders and institutions operate within the Constitution.
These principles appear throughout the document and underpin its design and function.
Quick recap: the Constitution codifies a system of government that distributes power, creates constraints, and bases legitimacy on the consent of the governed.
The Three Parts of the Constitution and Their Purposes
Three primary components:
1) Preamble: defines the purpose of government and its aims.
2) Articles: outline the structure, powers, and functions of the national government; define relationships among the federal government, the states, and the people.
3) Amendments: provide for changes to the Constitution; the amendments revise or expand the framework.
Notable nuance: while amendments are not a standalone “part” in the sense of a separate body, they function as revisions to the original text.
Summary of purposes:
Preamble: define why the government exists.
Articles: create and regulate the government’s architecture and its relationships (federalism, separation of powers, checks and balances).
Amendments: modify the Constitution to adapt to changing circumstances and address rights and procedures.
The Great Compromise (Connecticut Compromise) and the Virginia vs. New Jersey Plans
Context: Debates over how states should be represented in Congress.
Virginia Plan (favored by larger states)
Federal government with three branches: legislative, executive, judicial.
Bicameral legislature (two chambers).
Representation in both chambers based on population size.
New Jersey Plan (favored by smaller states)
Maintained a federal government with three branches but favored a unicameral legislature with equal state representation (each state one vote).
The federal government would still have power to regulate trade.
Great Compromise outcome
Hybrid solution combining elements of both plans.
Legislative branch split into two chambers:
House of Representatives: representation based on population (proportional representation).
Senate: equal representation for each state (two senators per state).
The compromise also incorporated the federal government’s power to regulate trade, with continued authority for states over intrastate trade (within their own borders).
Resulting structure shaped the modern U.S. Congress and the balance of power between large and small states.
Related specifics to remember:
House representation based on population; current total is
The number of representatives per state is adjusted every ten years after a census (see below).
Population-Based Representation, the Census, and Apportionment
House of Representatives
The total number of representatives is currently and historically set at 435.
Virginia’s historical example: at one point Virginia had 11 representatives.
The total number of seats is adjusted by population changes; the current total has been fixed since a law passed in the early 20th century (modern history cites around **1911 or 1913
The Senate
Every state has two senators, ensuring equal representation at the state level regardless of population.
Census and reapportionment
The Constitution requires a national census every 10 years to count the total population and the population of each state.
Census results determine how many representatives each state gets (apportionment) and are used for redistricting within states (gerrymandering concerns are noted in class discussions).
Consequence: population shifts (e.g., Rust Belt declines vs. Sun Belt growth in states like California, Texas, Florida, North Carolina, Georgia)
Example values mentioned:
California: up to 53 representatives (largest in the nation at times)
Virginia (historical example): 11 representatives
Current total House seats: 435
Total electoral votes: 538 (435 representatives + 100 senators + 3 for DC)
Districting and political consequences
States with growing populations may gain representatives; states with shrinking populations may lose seats.
The number of electors and district boundaries influence political strategies (e.g., redistricting, gerrymandering). Examples in classroom discussion include how some states lean toward certain parties due to population distribution.
The Electoral College: A Compromise for Electoral Balance and Preventing Direct Democracy Pitfalls
Purpose and structure
The Electoral College is an indirect method for electing the president and vice president.
It represents a compromise between direct popular election and congressional selection of the president.
Each state is allocated a number of electors equal to its total number of representatives and senators:
For each state: ext{electors} = ext{representatives} + ext{senators}
The practical mechanism
Most states use a winner-take-all approach: the candidate who wins the popular vote in that state earns all of that state's electoral votes.
DC has its own set of electoral votes (3) despite not being a state.
The national total is 538 electoral votes (each state’s electors plus DC).
A presidential candidate must win at least 270 electoral votes to win the presidency.
Exceptions and nuances
Maine and Nebraska use a district-based system that can allocate electoral votes by district rather than all-at-once for the state.
In practice, most states use the winner-take-all method.
Why the Electoral College exists (framing and safeguards)
It was designed to check direct democracy and to prevent a demagogue from exploiting a purely popular vote.
It creates a layered, indirect process where the people vote for electors who then choose the president.
Real-world implications and caveats
The system can lead to scenarios where a candidate wins the popular vote but loses the presidency (not discussed as a future outcome in the transcript, but implied by the mechanism).
The map-based results and exit polling sometimes mislead, but statistical returns are used to project outcomes on election night.
Conceptual note from class discussion
The Electoral College is a major compromise: it balances the popular influence with a guard against demagogic, impulsive leadership, while acknowledging the federal structure.
The Three-Fifths Compromise and Slavery-era Debates
Three-Fifths Compromise
A compromise over how enslaved people would be counted for both representation and taxation.
In effect, for every five slaves, three would be counted toward a state’s population for purposes of representation in the House and for taxation.
Mathematical representation: for every 5 slaves, the count credited toward representation and taxation would be rac{3}{5} of the slave population.
Slavery and the policy of abolition timing
The delegates agreed not to address the issue of slavery immediately; Congress could not ban the importation of slaves until 1808.
This delayed confrontation to a future political generation and allowed the Constitution to be ratified.
Subsequent related compromises mentioned
Missouri Compromise, Compromise of 1850, etc., were cited as later attempts to manage the slavery issue while averting immediate constitutional crisis.
The Bill of Rights: The Ratification Compromise fostering Protection of Rights
The Bill of Rights arose as a crucial compromise to secure ratification of the Constitution.
Key purpose
Explicitly outlines specific rights and liberties of individuals.
Limits government power to abuse those rights.
Relationship to existing constitutional rights
The original Constitution did include some rights linked to English legal tradition, particularly regarding the rights of the accused; the Bill of Rights significantly expands protections.
Process and significance
The Federalists supported ratification on the condition that a Bill of Rights be added.
The Anti-Federalists argued against ratification without explicit protections; the Bill of Rights satisfied both sides enough to ratify.
Content focus
The first ten amendments address civil liberties and procedural protections for individuals (rights of the accused, etc.).
The Bill of Rights is a foundational set of protections that complements the Constitution’s structure.
Federalists vs Anti-Federalists: Ratification Debates and Foundational Federalist Texts
Central disagreement: How much power should the national government have?
Federalists
Advocated for a stronger national government and a new framework (the Constitution) to replace the Articles.
Argued that without a robust national government, the country would fail to unite and function effectively.
Anti-Federalists
Opposed ratification unless there were strong protections for individual rights and limits on federal power.
The Federalist Papers and Anti-Federalist writings
The Federalist Papers consisted of 85 essays arguing for ratification and outlining the new system of government.
Primary authors: James Madison, Alexander Hamilton, and John Jay (with Madison being especially influential).
Anti-Federalist writings challenged the proposed constitution and warned of potential tyranny without a Bill of Rights.
Outcome: Ratification proceeded with the assurance of a Bill of Rights, resulting in the first ten amendments being added to the Constitution.
Practical and Philosophical Implications: Democracy, Power, and Protection
Democratic balance and the danger of democratic backsliding
The discussion highlighted the fragility of democracy and the risk that democratically elected leaders could undermine democratic norms (e.g., demagogues).
The transcript connects this to historical examples like Adolf Hitler to illustrate how democratically elected leaders can seize power while exploiting fears and instability.
The concept of democratic backsliding emphasizes the importance of institutional checks, separation of powers, and the rule of law.
The enduring significance of the electoral system
The Electoral College was designed to prevent direct, unmediatedmajoritarian control but can produce outcomes different from the national popular vote.
The system relies on state-level victories and strategic distribution of votes, influencing campaign strategy and resource allocation.
Quick Reference: Frequently Cited Figures, Dates, and Numbers
States and representation
Total states: 13 (original union states)
House of Representatives: 435 members
Senate: 100 members (2 per state)
Electoral College: 538 electors
DC: 3 electoral votes
Minimum to win presidency: 270 electoral votes
Census interval: every 10 years
Major dates and terms
Constitutional Convention held in Philadelphia; final draft date referenced as September 17 (historic accuracy: 1787; transcript date noted as 1887 in a moment of error)
Great Compromise (Connecticut Compromise): merged Virginia Plan and New Jersey Plan ideas
Slavery-related compromises and dates: importation ban delayed until 1808
Bill of Rights: first 10 amendments to address rights and limits on government
Key terms to recall
We the People (popular sovereignty)
Rule of Law
Separation of Powers
Checks and Balances
Federalism (dual sovereignty between national and state governments)
Intrastate vs Interstate Trade: intrastate trade remains under state control; interstate and foreign trade under federal purview
Demagogue and Democratic Backsliding: leaders who manipulate fears to gain and maintain power
Quick Connections to Broader Themes and Real-World Relevance
Historical connections
The Articles’ weaknesses illuminate why a stronger central government was deemed necessary.
The Great Compromise established a bicameral legislature that persists as a core feature of U.S. governance.
The Electoral College represents a structural attempt to balance popular input with federalist considerations.
Foundational principles and ethics
The framers sought to design a system that would prevent tyranny while enabling a functional national government.
The Bill of Rights was a pivotal ethical compromise to protect individual rights and secure legitimacy for the new constitutional order.
Real-world implications discussed in class
Census-driven representatives and redistricting shape political power and party dynamics.
Ongoing debates about gerrymandering, representation, and the role of the electoral system in contemporary elections.
Clarifications and Teaching Notes
The transcript includes a date error: Constitution Day is celebrated on September 17 to commemorate the signing of the Constitution in 1787. The line stating September 17, 1887 appears to be an in-class slip rather than a fact about the ratification process.
If you want to review primary sources, the Federalist Papers (85 essays by Madison, Hamilton, Jay) are the core debate pieces for ratification.
For further study, consider how the Great Compromise and the Three-Fifths Compromise shaped both representation and taxation, and how those compromises fed into later events like the Missouri Compromise and other sectional debates.
Remember the practical implications of the Electoral College and how district-based allocations in ME and NE introduce nuance to the winner-take-all norm.
If you’d like, I can map these notes to a chart showing how representation, taxation, and power are distributed under each major compromise and plan.