The Constitutional Convention Study Notes

The Public Good and the Object of Inquiries

• Federalist No. 10 Perspective: An excerpt from The Federalist No. 10 ($1787$-$1788$), written by James Madison to promote the Constitution, defines the "great object" of their inquiries as:     * Securing the public good.     * Protecting private rights against the danger of faction.     * Preserving the spirit and the form of popular government.

Objectives of the Constitutional Convention

• Procedural Overview: Describe the specific proceedings and atmosphere of the Constitutional Convention.
• The Virginia Plan: Identify the specific components and structure of the Virginia Plan.
• The Great Compromise: Explain how the Great Compromise addressed the conflicting needs of large and small states.
• Slavery and Compromise: Describe the disputes regarding slavery and the specific compromises (Three-Fifths and Slave Trade) reached by the delegates.
• Final Drafting: Discuss the process of drafting and signing the final version of the Constitution.

The Constitutional Convention Begins

• Setting: The convention took place in the summer of $1787$ in Philadelphia at the statehouse, now known as Independence Hall.
• Atmosphere of Secrecy: An air of mystery surrounded the proceedings.     * The Public's View: Philadelphia resident Susannah Dillwyn wrote to her father observing that a "grand convention" was sitting to either "form some new system of government or mend the old one."     * Delegates' Decision: Delegates voted to keep all debates secret to allow everyone to speak their minds freely without public pressure.     * Conditions: Despite high summer heat, windows remained shut and guards were stationed to keep the public out.
• Original Aims vs. Outcome: Congress originally called the meeting for the "sole and express purpose of revising the Articles of Confederation." However, many delegates quickly argued that mere revision would be insufficient, leading them to go far beyond the original mandate.

The Delegates

• Participation: In total, $55$ delegates from $12$ states participated.
• Rhode Island: This was the only state that did not send any representatives to the convention.
• Key Leaders:     * George Washington: A respected leader of the Revolution, he was quickly voted president of the convention. His firm leadership is credited with holding the convention together when it neared breaking up.     * Ben Franklin: A veteran leader of the Revolution who provided closing advice during the signing.     * Alexander Hamilton: Representing New York, he was among the younger delegates at age $32$.     * James Madison: Representing Virginia at age $36$, he was one of the most influential delegates. He took exhaustive, careful notes on the meetings, which were published after his death and remain a primary historical source.     * James Wilson: A delegate from Pennsylvania who advocated for the direct election of the legislature by the people.     * Gouverneur Morris: A gifted writer responsible for the final wording of the Preamble.     * Roger Sherman: A delegate from Connecticut who proposed the Great Compromise.

The Virginia Plan

• Proposal: On the third day of the convention, Edmund Randolph of Virginia proposed a plan for a strong central government; the principal author was James Madison.
• Three Branches of Government:     * Legislative Branch: Congress would continue to function as the branch that makes laws.     * Executive Branch: A new branch to carry out the laws.     * Judicial Branch: A system of courts to interpret the law.
• The Executive Debate:     * Randolph's View: He proposed that Congress appoint three people to serve jointly as chief executive, fearing one person alone could not win the people's confidence.     * The Counter-Argument: Others argued that a single executive could act more quickly during urgent crises.     * The Outcome: Delegates voted for a single executive, to be called the President.
• Legislative Structure: The plan called for a change from a single legislative body to a two-house legislature consisting of a lower house and an upper house.
• Selection Process Debate:     * Roger Sherman: Argued that state legislatures should elect both houses and that the people should have "as little to do" with the process as possible to avoid being misled.     * James Wilson: Argued that popular election was the "cornerstone" and "foundation of the fabric" of the government.

The Great Compromise

• The Conflict: The issue of representation nearly destroyed the convention. The Virginia Plan proposed representation based on population, favoring large states like Virginia, Pennsylvania, and Massachusetts.
• The New Jersey Plan:     * Introduced by William Paterson on June $15$.     * Called for a single house of Congress with equal representation for each state (one vote per state), mimicking the Articles of Confederation.     * Proposed expanding Congressional powers to regulate commerce and raise money.
• Sherman's Solution: On July $16$, $1787$, delegates narrowly voted to accept Roger Sherman's compromise to satisfy both factions:     * The House of Representatives: The lower house, designed to please large states. Representation is based on population. Members are chosen by a vote of the people for $2$-year terms.     * The Senate: The upper house, designed to please small states. Each state has exactly $2$ seats. Originally, state legislatures were to choose senators for $6$-year terms.

Debates Over Slavery

• The Three-Fifths Compromise:     * The Conflict: Southern states wanted enslaved people to be counted for representation in Congress to increase their political power. Northern states argued that since enslaved people could not vote, they should not be counted for representation.     * The Agreement: Each enslaved person would be counted as three-fifths ($3/5$) of a free person. In practice, this meant $500$ enslaved people would count as $300$ free people.     * Significance: This was a gain for the South in the House of Representatives. The Constitution used the term "all other persons" rather than slaves.
• The Slave Trade:     * The Conflict: Northern delegates wanted to ban the buying and selling of people nationwide. Southern delegates argued a ban would ruin their economy.     * The Agreement: A compromise allowed the importation of enslaved people for another $20$ years. After $1808$, Congress could bar the importation of enslaved people. The internal slave trade within the U.S. remained unaffected.

A New Constitution

• Committee of Style: Appointed to finalize the wording; Gouverneur Morris was the primary author of the Preamble.
• The Preamble: Represented a shift from the Articles of Confederation.     * The Articles were a pact between separate states.     * The Constitution begins: "We the People of the United States…"     * This phrase indicates that the government's authority comes from the people directly, not from the states.
• The Signing:     * Date: September $1787$.     * Ben Franklin's Stance: Franklin was ill and had his speech read by another delegate. He admitted to having doubts about parts of the document but stated, "I agree to this Constitution with all its faults," and urged others to sign.
• The Transition: Once signed, the secrecy ended and the battle for approval began. This public debate lasted for $10$ months and was described as hard-fought and bitter.

Vocabulary and Terms

• Contrast: A difference (e.g., the contrast between the Virginia and New Jersey Plans).
• Emotion: A strong feeling about something or someone (emotions ran high during convention debates).
• Compromise: An agreement in which each side gives up part of what it wants.
• Judicial Branch: A system of courts to interpret the law.
• Executive Branch: The part of government that carries out the laws.