How the Constitution Was Written

How the Constitution Was Written • A Story

Once Upon A Time • Not everyone had the right to vote • Factions divided the country • Elite men believed they had the right moral character to lead the country

Life wasn’t all bad • The population was rising • Trade was back up to prewar levels • There was a Plan for settling the Northwest Territory

What was the expansion plan? • Northwest Ordinance of 1787 • Set up government for NW territory • Outlawed slavery in NW territory • Territory could apply for statehood when population reached 60,000 • New states would have equal rights with original 13

But the Government was weak • The Articles of Confederation had a lot of weaknesses • No power to tax = no revenue • No power to enforce treaties = no $, no army • No executive, no judicial branches • Laws needed 9 of 13 votes, Amendments needed 13!!!!!

Meanwhile • A Border Dispute Between MD and VA led to some conversation- Annapolis Convention • What’s wrong with the Articles of Confederation • Maybe we should revise them???????

And in Mass.....a Rebellion • The farmers were upset with the State, the banks, and the lawyers for taxing them and taking their land • Daniel Shays led a rebellion

This made the people think.... • Maybe we need a stronger government to prevent rebellions, strengthen the economy and provide an army

So...in May 1787 in Philly • 55 Delegates met to revise the A.O.C. • Quickly decided to start over = Constitutional Convention

But all was not happy go lucky • The Delegates had different ideas about slavery, representation, role of government, etc. • Arguments and debates went on for days

New Jersey Plan proposed • Proposed by William Paterson • Good for small states = One Legislative House with Equal reps • 3 Branches of Gov’t

Then the Virginia Plan • Proposed by Edmund Randolph and James Madison • Good for the large states • 2 Legislative houses = Representation based on population in both • 3 Branches of Gov’t

Finally.....a Compromise • The Great Compromise by Roger Sherman • 3 Branches of Gov’t • 2 Legislative Houses • Representation in one house (House of Reps) based on Population • Representation in the second house (Senate) equal among all states

But what about Slavery??? • Some states wanted the Constitution to abolish the slave trade....Other states (south) said that was a state issue • Slave Trade Compromise = Congress could regulate or outlaw the slave trade AFTER 1808 • P.S. – Congress outlawed the slave trade in 1808

What about the slaves? • Southerners wanted to count slave in population to increase representation in Congress - North said no! • 3/5ths Compromise = 3/5ths of slaves in any state would be counted for taxation and representation purposes • What message did this compromise send about Slavery?

So does it have a happy ending? • Sort of.....39 of the 42 remaining delegates signed the Constitution on September 17, 1787 • BUT - then 9 out of the 13 states had to RATIFY it at special conventions • Everyone agreed that a stronger gov’t was needed, but some people thought the Const. was too strong

How did that go? • The Federalists, led by Alex Hamilton, John Jay and James Madison wrote 85 essays in support of the Constitution and a strong Federal Gov’t. These became known as the Federalist Papers • They said the Constitution was fine and it already protected state and individual rights

Who disagreed? • The Antifederalists: Patrick Henry, Thomas Paine, Sam Adams • They thought the Constitution gave too much power to the federal government and did not protect individual or states’ rights enough

Can’t they get along? • The Bill of Rights, which listed individual freedoms, was the bridge that helped the Antifederalists agree to ratify the Constitution

Where did they get these ideas? • Roman Republic – Independence and public service • Magna Carta and English Bill of Rights • John Locke – Natural Rights • Baron de Montesquieu – French Thinker – suggested idea of separation of powers

How the Constitution Was Written