Constitution of 1787-1788

1. Constitution of 1787-1788

2. Remedied the 8 Weaknesses of the Articles of Confederation • A separate executive department / branch was created, headed by the President . Its job was to enforce the Constitution and laws enacted under it, and conduct foreign relations. • A judicial department / branch was created, headed by a Supreme Court, to handle offenses against federal laws, disputes between states, and cases involving foreign diplomats.

3. Remedied the A of C • Congress was given the power to levy and collect taxes, thus freeing it from dependence upon financial contributions by the states. • Congress was given the exclusive power to regulate commerce between the states and with foreign nations, thus enabling it to make enforceable trade treaties with foreign nations.

4. Remedied the A of C • Only Congress was given the right to coin money and regulate its value / exclusive power, in order to provide a single national monetary standard. • Congress, with power to tax, could afford to create a national army and navy, thereby freeing the central government from dependence upon state militias. In addition, state militias were put under the control of Congress.

5. Remedied the A of C • Under the Constitution the process of lawmaking was made easier. Bills needed only a simple majority vote of Congress to become law (50%+) • The constitution provided for amendment by two-thirds of Congress and three-fourths of the states. This made change more possible, although still difficult.

6. Constitutional Convention • 55 reps from 12 States (except Rhode Island) • Delegates were young (30s), educated, upper class – plantation owners, merchants, lawyers – experienced in politics (Cont. Congresses, State Legislatures, State Constitutions)…. “Demi-Gods” • Did they represent a minority? (system of choosing them favored property owners)….. Were they from a minority background, but there to represent everyone, to write a Constitution in the interest of the entire nation • These were the more Conservative of the Revolutionary leaders? No Paine, Jefferson, John and Sam Adams, Patrick Henry or James Otis?

7. Beard Thesis? • The Constitution was written by an elite in their own interests – protecting their property, their investments in Govt. bonds, and ensuring their political control (Electoral College) • The Articles of Confederation was a liberal Constitution, reflecting the ideals of the Revolution / Republican ideals, the ideals of the masses • But the Constitution of 1787 was Conservative, and represented a Counter-Revolution, during which the upper classes regained control • Most historians believe that this Thesis is interesting but difficult to sustain: Commager argues that regardless of their background, these leaders wrote a Constitution to benefit the entire nation, taking the interests of all people into account

8. Constitutional Convention • Franklin, Washington, Hamilton, Madison were there – they were more in favor of a stronger Fed / Central govt. than those not there…those against creating a stronger Federal govt. , favoring stronger State Powers, stayed away…maybe should have gone to voice their opinions • Decided to • Meet in private • Not to keep official records of their discussion (Madison kept a diary, which is where we get our information from) • Write an entirely new Constitution, not just revise A of C (Madison)

9. Constitutional Convention • Virginia Plan (Big State Plan) • Madison – very well versed in Enlightenment Ideas – esp. Montesquieu’s ideas: his proposal / blueprint – was the “framework” of the Constitution • Stronger, more powerful Federal Govt. • Spread Power / Separate Power between Three Branches • Checks and Balances / Veto Powers by each branch, to prevent Tyranny of any one Branch • Legislative Branch would have 2 Houses: Lower House based on population (Proportional Representation or PR, not Equal Representation), Lower House would elect Upper House; representation in Upper House also based on population

10. Constitutional Convention • New Jersey Plan (Small State Plan) • Accepted most of Virginia Plan; except for the two House Legislature and system of Representation in Legislative Branch • Proposed a one house Legislature with equal representation for each state (as in A of C): would give more power to the small states:

11. Compromises (five) • The Large and Small states agreed to Compromise;the Constitution of 1787 is often referred to as a “bundle of compromises”….other compromises were also reached (big/small, north/south, and other differences of opinion….) • 1. Great Compromise / Connecticut Compromise– about the number of Houses and Representation – brokered by Roger Sherman • Two House Legislature • Representation in Lower House based on Population (1 Rep for every 30,000 people) • Equal representation in Upper House: • Upper house elected / chosen by State Legislatures, not by Lower House

12. Compromises • 2. Representation, Taxation, and Slavery • Another issue of debate, connected with the representation question, was about whether or not Slaves would be counted / considered when determining representation to the lower house of the legislature, or counted when determining state taxation to the federal government.

13. Compromises • The North wanted Slaves counted only when determining taxation, the South wanted Slaves counted only when determining representation. • A compromise was reached by the Three-Fifths Compromise: five Slaves were to be counted as three free persons for both representation and direct taxation. Of course Slaves would not have the right to vote.

14. Compromises • 3. Tariffs • The southern states (agricultural), did not want export tariffs, or import tariffs • The Northern states wanted import and export tariffs • The issue was settled by granting Congress the power to control all foreign and domestic commerce and stipulating that it would impose import tariffs but not export tariffs (Congress would handle all money matters)

15. Constitutional Convention • 4. Slave Trade • Another issue, connected with commerce, was the Slave Trade. It was accepted that whether or not to allow slavery was a state’s right, but the North opposed the continuation of the international slave trade. The South wanted it to continue. • They reached a compromise – the Slave Trade could not be interfered with, could not be banned by legislation for at least 20 years, not until 1807 – at that time it would be discussed and decided on

16. Constitutional Convention • 5. Presidency • The next compromise came over the issue of the presidency. • There was disagreement about the term/s of office (how many years, terms, or indefinite), the exact powers of the presidency (how powerful), and the method of election (popular or by Congress to avoid “mobocracy” – fears from Shays Rebellion).

17. Constitutional Convention • The argument was settled by authorizing a four year term, with no limit on the number of terms, and establishing the procedure for electing the President through first a popular vote but the result would then be determined by an Electoral College. • Gave President broad Discretionary Powers: Commander in Chief, authority to conduct foreign affairs and negotiate treaties, right to appoint diplomatic and judicial officers, and the power to veto Congressional Legislation.

18. Constitutional Convention • Areas of Agreement should be emphasized: • Delegates agreed that the A of C were completely inadequate and proceed to draw up a new constitution. • They agreed on the need for a strong and effective government at home and respected abroad, yet not so strong as to become a tyranny; a government with a visible executive head and an independent judiciary as well as a legislature – 3 Branches; and a government to have powers to levy taxes, control commerce, and protect liberties….

19. Constitutional Convention • Sept 17, 1787; 39 delegates agreed to sign: passed by majority vote – sent to the individual states to ratify (3 refused, 13 had gone home) • To be ratified by specially convened State Conventions: majority of 9 states needed to have it accepted • Heated debate: Federalists vs Anti-Federalists • The Federalist / Federalist Papers, written by Hamilton, Madison, Jay: (Federalist Papers: #10 Republican / Federal govt. is best suited to such a huge country: will prevent emergence of tyranny); Washington and Franklin also supported the Federalists

20. Constitutional Convention • Concern about individual rights: Madison promised to add a Bill of Rights (in 1791) • 9 states eventually ratified: except for Four Laggard States: NY, VA, NC, and RI: • NY and VA eventually ratified – would have been meaningless without these two • Came into effect in 1788, ending the “Critical Period”

21. Powers of Executive Branch • Enforces Laws • Can veto laws – send them back to Congress • Influences public opinion • Controls how vigorously laws are enforced • Appoints judges • Controls how vigorously court orders are enforced • Can pardon people convicted of federal crimes

22. Powers of Legislative Branch • Decides on / makes Laws • Has enumerated (specific) powers and implied powers (Article 1. Section 8. Clause 18) • House can impeach President, high officials • Senate approves presidential appointments • Senate approves treaties • Congress can overrun President’s vetoes (two thirds majority of both houses) • Congress controls President’s programs through its “power of the purse”

23. Powers of Legislative Branch • House can impeach judges • Senate approves appointments of judges • Congress can propose amendments to overturn Supreme Court decisions

24. Powers of Judicial Branch • Once appointed, judges are free from President’s control…appointed for life • Can declare President’s actions unconstitutional • Decided on the meaning of laws ; Can rule that laws are unconstitutional ……judicial review

25. Bill of Rights • 1. freedom of religion, speech, assembly, press, right to petition • 2. protects rights of states to maintain a militia and of citizens to bear arms • 3. restricts quartering of troops in private homes • 4. protects against “unreasonable searches and seizures” • 5. right not to be deprived of “life, liberty, or property, without due process of law,” including protections against double jeopardy, self-incrimination, and govt. seizure of property without just compensation

26. Bill of Rights • 6. Guarantees the right to a speedy and public trial by an impartial jury • 7. Assures the right to a jury trial in cases involving the common law (the law established by previous court decisions) • 8. Protects against excessive bail, or cruel and unusual punishments • 9. People’s rights are not restricted to those specified in Amendments 1-8 • 10. Restates the Constitution’s principle of federalism by providing that powers not granted to the national govt. nor prohibited to the states are reserved to the states and to the people

27. 6 Basic Principles (see Chart) • 1. Popular Sovereignty • 2. Limited Government • 3. Separation of Powers • 4. Checks and Balances • 5. Judicial Review • 6. Federalism • 7. Individual Rights and Liberties

29. Influences on these 6 Principles • 1. British History / Traditions • (Magna Carta, Model Parliament, Jury Trial, Petition of Right, Bill of Rights – free speech, due process, consent, bear arms…) • 2. Enlightenment Ideas (next) • 3. Colonial and Revolutionary Experiences • Freedom of religion, self-government, consent, representation….salutary neglect and erosion.. • 4. Articles of Confederation • Corrected the 8 Weaknesses

30. Enlightenment • Locke: Govt. by Consent, Social Contract, Natural Rights, All Men are created equally • Voltaire: Freedom of speech, thought, expression, religion, tolerance • Montesquieu: Separation of Powers / Checks and Balances • Rousseau: more Direct Democracy, Social Contract, freedoms of all kinds

31. How unique / “Radical”, “Revolutionary” was the Constitution? • Different from British – constitutional monarchy, very strong executive, executive was part of legislative branch plus King, no checks and balances…hereditary House of Lords….. • Different from French system – absolute monarchy, Estates General not convened for 175 years, privileges of First and Second Estate, dominated administration • First attempt to establish a genuine Republican form of government in modern times • First attempt to apply comprehensively many of the Enlightenment ideas of Locke, Montesquieu, Rousseau (previous): Natural Rights, Consent, Separation of Powers • Vs the Articles

32. Historiography (from Interpretations of American History: Grob and Billias) • Summarize the views of each of these Schools of History / Historians • 1. Nationalist School: Bancroft, Fiske (p.150-152) • 2. Progressive School: Becker, Beard (p.153-155) • 3. Neo-Conservative School: Wright, Brown (p.156-157) • 4. New Intellectuals: Bailyn, Wood, Adair, Kenyon, Robbins (158-161) • 5. Neo-Progressives: Jensen, Main, Ferguson, McDonald (p.161-163) • 6. New Left: Williams, Lynd (163-164) • 7. Commager; New Conservative; read his article p.136-147

33. Historiography • Which groups were supportive / positive? Which groups were critical / negative? • What are the key / principal views of each school? • Read Commager (saw it as a political not economic document) page 136 of Conflict and Consensus

34. Commager’s Interpretation? • Not an economic document: framers not influenced by their own position / situation: rejects the Beard Thesis • To Commager it was a political document: concerned about Federalism / Power, with the interests of the entire nation taken into account