Unit I Module 2 The Formation of the Constitution

1. Unit I Module 2 The Formation of the Constitution AP US Gov and Pol Miller

2. Objectives • In this module, you will learn • About the structure of the Articles of Confederation government • Inherent weaknesses of the AoC • Events leading up to the Constitutional Convention • Major political themes and concepts of the Constitution • Major compromises achieved to finalize the document • The ratification process of the document

3. Our first national government • From the beginning of the Revolution until 1789 successive Continental Congresses ran US affairs • The document that outlined the structure and powers of the Continental Congress was the Articles of Confederation • Often forgotten in popular history – probably due to its ultimate failure and dismissal

4. AoC Structure • In broad terms, the AoC created a government with a • Unicameral (single chamber) national Congress where all states had the same amount of representation • Very weak executive which only served for a 1 year term • No national court structure to speak of • No mechanism for resolving conflicts between the states

5. AoC Structure • As a result, the AoC Congress and executive could not • Effectively tax the states, had to ask states for funds • Raise its own armed forces, had to borrow state militias • Regulate commerce effectively • Provide any type of assistance to the states or administer any social programs of any kind • Negotiate with foreign powers in a unified, national manner

6. A Ray of Hope • Seemed like the system could work at first • When states had a common enemy (the British), differences were set aside and states cooperated to win the war • Most successful moment after that was the passage of the Northwest Ordinance which divvied up the territory of the states that would later become Ohio, Michigan, Indiana, Illinois, etc.

7. But Mostly Disastrous • Political, economic, and social chaos ruled during the period after the Revolution • States often ignored the national Congress’s call for money or soldiers • The Congress often could not function because not enough members were present to conduct official business • Rival states were openly attempting to subvert each other via currency manipulation and random, overbearing taxation

8. Hamilton Enters the Fray • Particularly annoyed by the economic problems of the system, Hamilton attempts to rally his political allies • Wants to have a meeting in Annapolis to proposed amendments to the AoC • Totally flabbergasted when barely anyone shows up and again no official business gets done • It’s now obvious to him that states think the AoC is a joke and are unwilling to commit more political energy to the government

9. Veterans Rise Up • Previous iterations of the national Congress had promised bonuses of land and money to veterans of the Revolutions • Years continued to pass while nothing was given to these American heroes • Eventually Massachusetts veterans under the command of Daniel Shays start a rebellion in western Massachusetts, begin burning civic buildings and marching en masse to the state capitol

10. Veterans Rise Up • Massachusetts sends messages to Congress, neighboring states to send militia to assist but no soldiers are sent • Finally, Massachusetts business elites form a mercenary group to crush the rebellion • Many other political elites (Washington, Franklin, Hamilton) now realize the AoC is doomed and the confederation must become a federation

11. The Call to Philadelphia • Hamilton calls for another national Constitutional Convention in Philly in 1787 • Many political heavyweights answer the call but many others are conspicuously absent • Jefferson in France • John Adams in England • Hancock in Massachusetts • Sam Adams in Massachusetts • Patrick Henry refused to attend

12. A New Hero Emerges • Due to the open spot in the Virginia delegation because of the absence of Jefferson, James Madison is sent instead • Madison is Jefferson’s protégé • Arrives with details of what will be known later as the Virginia Plan • Also serves as Secretary for the Convention – essentially served as the starting point for the entire discourse at the Convention and recorded all of the details

13. Virginia Plan • Called for unicameral Congress with proportional representation based on state population • Obviously larger states like New York, Pennsylvania, Massachusetts and Virginia loved it • But smaller states felt threatened by it – felt that such a government would relegate them to lesser status

14. New Jersey Plan • Counterproposal of small states • Called for essentially a continuation of the Congress structure derived from the AoC – equal representation for each state • Larger states felt totally marginalized by this plan – surely their larger population meant they should have more impact on national affairs

15. A Compromise is Forged • A state that could relate to both sides was Connecticut • Small land mass • Medium sized population • Solution was a bicameral legislature reminiscent of the English parliament • Lower chamber (House of Reps) would be determined by state population • Upper chamber (Senate) would feature state equality • So significant in American politics it was deemed the “Great Compromise”

16. What about the executive? • All state delegations were confused about how to treat the new national executive • Some preferred the super-weakling in the AoC model • Hamilton actually proposed a constitutional monarch but quickly had to retract his idea • Eventually, Great Compromise featured a moderately strong executive with mostly military, foreign relations, and appointment powers that served four year terms • Electors, NOT popular votes, would choose the president

17. Courts anyone? • Delegates had an even harder time trying to figure out what the powers of the national court system would be • Knew that it had to exist, however, and knew that it had to be accountable to both the new Congress and president • Eventually, Supreme Court justices themselves flesh out the powers of the court but at first they were nebulous

18. Slavery Rears its Ugly Head • The Constitutional Convention was one of America’s first chances to end slavery but it doesn’t happen • Instead, South flexes its political, economic muscles and forces the North to agree to the absurd Three-Fifths Compromise • Slaves, although totally disenfranchised, were to somehow count for “three-fifths of a person” in terms of census counts that affected • House of Reps seats • Presidential electors

19. Slavery Rears its Ugly Head • States do, however, agree to end importation of slaves by year 1808 • But it is still clear that as long as United States is an agricultural society, the political power of the South can strong-arm the North into agreeing with policies that unduly favor the South

20. Wrapping Up • Next, delegates complete the document • Give new national government power to resolve interstate problems • Set the process for amending the new constitution • Add the very controversial Supremacy Clause • And set the rules for ratification

21. The Struggle to Ratify • 9 out of 13 states were required to complete the ratification process • State delegation would return home with a copy of the Constitution and discuss it in state conventions or state congresses • Many states were outraged at first – Hamilton had sold the Philly Convention as a meeting to amend the AoC, not scrap it altogether • Sensing the need to persuade the voting elites of large states, Hamilton, Madison and Jay (sort of) began writing the Federalist Papers

22. Federalist Papers • Political treatises and essays published in major city newspapers between the time of the drafting of the Constitution and its ratification • Here Hamilton and Madison expound on and highlight the main themes of the new proposed government • The benefits of the federal republic • The essence and application of separation of powers • The virtues of checks and balances • The need for a stronger executive

23. Federalist Papers • Immediately, a response forms to the concept of federalism but is not previously given a name so it takes the poorly worded form of “anti-federalism” • Anti-federalist Papers begin circulating to counter the Federalist Papers • Popular themes included • A lack of civil liberties and rights guaranteed in writing • The possible tyranny of a stronger executive run amok

24. Down to the Wire • As the deadline for ratification loomed, a few large states were still up in the air • More and more people agreed with the Anti-federalists that some form of guaranteed written civil liberties and rights should be included in the document • Jefferson hears of the debate and mails Madison from France • Madison deliberates and then compiles the first ten amendments to the Constitution – the Bill of Rights

25. Finally • With the Bill of Rights included, the last few states ratify (except Rhode Island who refused to even participate) • By 1789 • First president of Constitutional government George Washington takes office • First new US Congress begins official business • The Age of the Federal Government had begun