Establishing the Republic
ESTABLISHING THE REPUBLIC
SECTION 1: WE THE PEOPLE
Opening phrase indicates the foundational principle of the Constitution that government derives its authority from the consent of the governed.
SECTION 2: CRITICAL REFLECTION QUESTIONS
Differing ideological positions on federal government:
Perspectives vary on the structure (centralized vs decentralized) and function (active government vs minimal intervention).
Continuities and changes post-Constitution ratification:
Examination of the persistence in structures (like checks and balances) and shifts in functions (expanded federal powers).
SECTION 3: MAPS AND TERRITORIAL CLAIMS
Representation of claimed territories by various states post-Revolution, depicting territorial disputes and cessions of land.
Notable areas include:
Northwest Territory: claimed by various states, bringing with it multiple cessions (e.g., Virginia, Massachusetts).
Cessions by Virginia in 1784, Massachusetts in 1785, and Connecticut in 1786 highlight shifting boundaries and state claims.
Visual depiction with major rivers and landmarks (Mississippi River, Lake Superior, etc.).
SECTION 4: THE DELEGATES
Composition of the Constitutional Convention:
Many delegates were troubled by weaknesses in the Articles of Confederation and instabilities in governance.
Shay’s Rebellion served as an impetus for convening, demonstrating public discontent.
Demographics: predominantly white males, average age in the early 40s, many wealthy, established landowners, lawyers, merchants, and a significant proportion were slave owners.
Delegates were unauthorized to completely replace the Articles, focusing instead on amending them.
SECTION 5: THE DEBATE
Core issues debated at the Convention:
Sovereignty: discussions centered around whether power should reside in the states or the national government.
Representation: key points on how states would be represented and taxed.
Virginia Plan proposed a bicameral legislature with representation based on population, while the New Jersey Plan suggested a unicameral legislature with equal state votes.
SECTION 6: WHERE THEY AGREED
Points of consensus between Virginia and New Jersey Plans:
Empowerment of the federal government to:
Raise and levy taxes.
Coin money.
Regulate trade and commerce.
Control the military, even in opposition to states.
Legislative supremacy (considered the supreme law of the land).
SECTION 7: THE GREAT COMPROMISE
Establishment of a bicameral legislature:
House of Representatives apportioned by state population; Senators represent states equally.
3/5 Compromise: addressed the contentious issue of slavery in representation, stating that three-fifths of slaves would be counted for legislative representation.
Executive powers consolidated under a single president selected by an Electoral College.
Creation of a judicial branch to address legal appeals and interpretations.
SECTION 8: THE PECULIAR INSTITUTION
The implications of the three-fifths compromise were profound:
It politically empowered Southern states by counting enslaved individuals as part of the population.
Article I, Section 9, Clause 5 prohibits taxes on exports to safeguard Southern economies.
Provisions around the slave trade instituted a moratorium on discussions of slavery importation for 20 years.
Fugitive slave clause (Article IV, Section 2, Clause 3) restricted the freedom of escaped slaves in other states.
SECTION 9: PHILOSOPHICAL FOUNDATIONS
Core ideals embedded in the Constitution:
Popular Sovereignty: Authority derived from the people.
Limited Government: Restricted power through established laws emphasizing rule of law and republicanism.
Separation of Powers: Clear division among legislative, executive, and judicial branches.
Checks and Balances: Mechanisms through which each branch limits the powers of the others.
Federalism: Power divided between national and state governments, with Federal laws affecting state governance while states retain sovereignty over other matters.
SECTION 10: AGREE TO DISAGREE
Continued debates post-Convention:
Several compromises, despite the initial success, left issues such as voting rights, citizenship definitions, and individual liberties inadequately addressed.
Voting qualifications set at the state level; citizenship not definitively defined until after 1868 (14th Amendment).
Liberties articulated indirectly through the Bill of Rights; notable opposition among delegates who either left the convention or withheld their signatures.
Franklin’s comments reflect apprehension and pragmatic acceptance of the compromises formed.
SECTION 11: FEDERALISTS AND ANTI-FEDERALISTS
Federalists:
Advocated for the new Constitution, emphasizing the need for a strong central government to prevent chaos and disorder (feared majority rule).
Supported a manufacturing economy.
Anti-Federalists:
Opposed the Constitution favoring power influx into the federal structure.
Advocated for state sovereignty and greater democracy, voicing concerns over individual rights potentially compromised by a strong national government.
SECTION 12: RATIFICATION BATTLE
Notable Federalist figures included:
George Washington, Benjamin Franklin, Alexander Hamilton, John Jay, James Madison.
Organized efforts to promote the Constitution through The Federalist Papers, a series of 85 essays justifying the proposed government structure.
Several state conventions called for a Bill of Rights prior to ratification.
Delaware led as the first state to ratify; New Hampshire as the pivotal ninth; Rhode Island's ratification rounded out the states by 1790.
SECTION 13: CONSTITUTIONAL QUESTIONS
Philosophical inquiries regarding the Constitution include:
Preservation of Revolutionary ideals.
Protection of economic interests for ruling elites.
Safeguarding of individual freedoms while limiting governmental powers.
Reflections on colonial experiences influencing constitutional design.
Debate over the document’s rigidity versus its flexibility for future evolution, contrasted with an originalist perspective regarding framers' intent.