The Constitutional Convention

1. The Constitutional Convention A Sick Nation in Search of Powerful Remedies

2. The Convention During the hot summer of 1787, an air of mystery hung over the State House in Philadelphia. People had watched with great anticipation as the nation’s greatest leaders passed in out and out of the doors of the State House, each of which was manned by guards who only duty was to keep everyone out except the delegates. Even the windows remained closed, to prevent anyone from overhearing what was happening inside. • Take note of their impressive pedigree: • Their average age was 42 • 8 delegates had signed the Declaration • More than 2/3 were lawyers. • All but 6 had held public office • Ben Franklin was the oldest at 81 • George Washington served as President of the Convention • *Notable absences: John Adams, Thomas Jefferson, Patrick Henry, Sam Adams, John Hancock. Fifty-five delegates assembled at the State House in Philadelphia, representing every state except Rhode Island. This group was impressive. In the words of one modern historian, the group was comprised of “the well-bred, the well-fed, the well-read, and the well-wed.” Most delegates brought extensive political experience, with 2/3 receiving formal training as a lawyer, and all but a few having already held public office.

3. Father of the Constitution While the list of attendees was impressive, perhaps the most well-prepared was James Madison of Virginia. Wrote one delegate, “In the management of every great question he evidently took lead in the Convention.” He arrived at the convention with cases of research, all of which came from his thorough readings of history, politics, and commerce. During the Convention, he took more than 600 pages of hand-written notes! At only 36, James Madison was relatively inexperienced, but his hard work and dedicated preparation earned him the title “Father of the Constitution.” James Madison

4. The Clandestine Convention The first order of business was to make sure no one knew what business was taking place during the Convention. Every one of the 55 delegates swore to a rule of secrecy. The delegates felt that it was important that they be able to freely speak their minds without fear of causing alarm or opposition among the public. At one point during the proceedings, Washington was handed some notes that had been dropped outside the hall. When the convention next convened, he said in his sternest voice, “I know not whose paper it is, but there it is, and let him who owns it take it!” Like Washington, the delegates took the rule of secrecy seriously. Not one stepped forward. Independence Hall - Philadelphia

5. Issue #1: How Should States Be Represented in the New Government? When the Constitutional Convention began, most delegates thought their task was to amend the Articles of Confederation. After a lengthy debate, the framers of the Constitution made a bold decision. They agreed to throw out the old Articles and write a new Constitution. The key issue was where the power the rule would come from. From the states? Or from the people? The most important fact which played a role in these deliberations was state population. Note the chart at the left.

6. Virginia Plan On the third day of the Convention, Edmund Randolph and James Madison proposed a plan for a new, strong central government. The plan called for three separate branches: Congress would continue as the legislative branch, the judicial branch would consist of a system of courts to interpret the law, and an executive branch to carry out the laws. The question was, should the executive be one person or a group of people? After several days of debate in which delegates went back and forth between a committee of three men and a single executive they reached a decision. It would be one man carrying the title “President of the United States.”

7. Virginia Plan The Virginia Plan called for a change in the composition of Congress. There would be two houses, instead of just one. The issue would remain unresolved for the time being. Instead, a larger issue became the critical roadblock. But how would each be organized? Debates raged about how to choose the members of each house. Some wanted state legislatures to elect both houses. Roger Sherman of Connecticut said the people “should have as little to do” with the process as possible because they can be misled. James Wilson of Pennsylvania warned against shutting the people out of the process. He said that election of the legislature by the people was “not only the cornerstone, but the foundation of the fabric. Regardless of how the officials were elected, the Virginia Plan made it clear that the number of representatives in each house would be based on population alone. Remember this?!

8. New Jersey Plan Smaller states were furious with the proposal. By the middle of June, the issue threatened to tear the convention apart. William Paterson responded with a plan offered on behalf of the small states. It stood in sharp contrast with the Virginia Plan. It called for a single house in Congress with each state represented equally. The plan expanded the powers of Congress too. William Paterson You have seen each plan now, so which group of states has the better plan? Which do you think will serve our country’s needs better?

9. The Great Compromise According to most, the convention had failed. They weren’t about to fix the country’s problems. The key to Sherman’s plan was a two-house Congress. While this was a carryover from the Virginia Plan, it had one important difference. To please the larger states, the lower house, called the House of Representatives, was based on population. Bigger states would thus have more votes. Representatives would be chosen by the people and would serve 2 year terms. To please the small states, the upper house, or Senate, would have two representatives from each state. State legislatures would elect senators and they would serve 6 years. Against all odds, and after nearly a month had passed since the New Jersey Plan had been offered in rebuttal to the Virginia Plan, a compromise was announced. Roger Sherman, of Connecticut, proposed a compromise which he hoped would appeal to both the small and large states equally, and in the end, save the Union.

10. Three-Fifths Compromise After one of the greatest accomplishments in the country’s young history, one of the ugliest followed. The issue of slavery was still yet unresolved and would leave the delegates at odds once again. The biggest issue was whether or not slaves should be counted in calculating how many representatives a state should have in Congress. Northern delegates said that because enslaved people could not vote, they should not count. The Convention agreed to the 3/5 Compromise. Each enslaved person would count as 3/5 of a free person. For population purposes this was a gain for the South, but for taxation purposes, the North did score some points. Southern delegations refused to budge, but eventually an agreement was reached.

11. The Slave Trade The Three-Fifths Compromise was a huge blow to African Americans. It helped preserve slavery by making a distinction between “free persons” and “all other persons.” The compromise would not be overturned until 1865, after the Civil War. After the compromise passed, there was discussion of banning the buying and selling of people anywhere in the country. The South argued that such a law would ruin their economy. Their argument won out, but only for 20 years. Ships would be allowed to bring enslaved people into the country for a period of 20 years. After 1808, Congress could ban the importation of enslaved peoples.