Constitutional Convention: Key Plans, Compromises, and Ratification Debates
Constitutional Convention
- Location & Time: Philadelphia, Pennsylvania, in 1787, at Independence Hall.
- Purpose: Address weaknesses of the Articles of Confederation; delegates gathered to amend or replace the governing document.
- Key Figure: George Washington presided over the convention, lending significant credibility.
- Initial Disagreement: Some delegates aimed for amendments to the Articles; others (like Virginia delegation) sought to scrap them entirely for a new document.
Major Competing Plans
Virginia Plan
- Proposed by Virginia delegation.
- Advocated for a stronger national government.
- Bicameral legislature: Two chambers or houses.
- Representation based on population: Larger states (like Virginia) would have more seats.
- Proposed Congress have veto power over state laws.
- Called for three separate branches of government: bicameral Congress, Executive (chosen by Congress), and an independent Judiciary.
New Jersey Plan
- Proposed by New Jersey delegation (a smaller state).
- Sought selective amendments to the Articles of Confederation, not a complete overhaul.
- Unicameral legislature: A single chamber (maintaining the existing Congress structure).
- Equal representation for states: One state, one vote (favoring smaller states).
The Great Compromise (Connecticut Compromise)
- Resolved the impasse between the Virginia and New Jersey Plans, enabling the convention to move forward.
- Established a bicameral legislative branch (Congress) with two chambers:
House of Representatives
- Lower body of Congress.
- Representation: Seats apportioned by population (guaranteeing at least one seat per state).
- Term Length: Members serve 2-year terms.
- Election: Populating elected (direct vote by citizens).
- Nickname: Known as the "people's house" due to direct accountability.
- Key Power: Possesses the "power of the purse"; all spending bills must originate here.
Senate
- Upper body (more senior) of Congress.
- Representation: Equal representation for each state, with 2 senators per state, regardless of population.
- Term Length: Senators serve 6-year terms.
- Election: Staggered elections, with roughly 1/3 of seats open for election every 2 years.
- Original Election Method: Senators initially chosen by state legislatures (changed to popular vote by the 17th Amendment in 1913).
- Key Powers: Ratifies treaties, confirms federal appointments (e.g., Supreme Court justices).
Slavery in the Constitution
- Deliberate Language: The Constitution avoided using the words "slave" or "slavery," opting for euphemisms.
- Three-fifths Compromise:
- For purposes of apportionment (representation) and taxes, enslaved populations would count as 3/5 of a free person.
- It was an accounting mechanism to balance political power, not a statement of personhood or human value.
- Fugitive Slave Clause:
- Allowed Congress to enact legislation for the recapture of escaped enslaved people who fled to free states.
- International Slave Trade:
- A provision stipulated that Congress could ban the international slave trade after 20 years from the Constitution's ratification.
- Congress exercised this power, banning the trade in 1808.
- James Madison: Known as the "Father of the Constitution" due to his significant role in drafting the document, advocating for its elements, and meticulously documenting the convention's proceedings.
- Benjamin Franklin: An optimist for the new document, famously noting the sun on George Washington's chair as "rising." When asked what kind of government they created, he replied, "A republic, madam, if you can keep it."
- Ratification: After drafting, the Constitution needed ratification by at least 9 of the 13 states to become law.
The Ratification Debates
- A nationwide debate ensued over adopting the new Constitution.
Federalists
- Supporters: Advocated for ratification of the Constitution.
- Arguments: Believed a stronger federal government was necessary and that the Constitution contained safeguards (e.g., checks and balances) to prevent tyranny.
- Key Figures: Alexander Hamilton, James Madison, John Jay.
- Key Works: Authored the Federalist Papers (a series of more than 90 essays published under the pen name "Publius") to explain and defend the Constitution.
Anti-Federalists
- Critics/Skeptics: Opposed or had reservations about ratification.
- Concerns:
- Feared states would lose powers to the new federal government.
- Worried about potential for excessive, unreasonable taxation.
- Expressed fears of a tyrannical president wielding a standing army.
- Concerned about an "imperial judiciary" where judges might overstep and "make" laws.
- Key Figures (Examples): Patrick Henry, Samuel Adams.