Towards the Constitution

1. Towards the Constitution What necessitated change?

2. Need for change? • Articles couldn’t impose taxes • Articles couldn’t raise an army • Articles were clumsy in foreign affairs • Problems with Spain and Britain were growing • Articles required unanimous consent (1781, 1783, and 1785 examples) • Incapable of conducting national business due to the incredible regional interests

3. Pushing for change • Federalism-was a developing philosophy and had several prominent supporters. Namely Alexander Hamilton who thought the nation’s economic woes could be solved by a stronger central government.

4. Hamilton’s legacy

5. Hamilton a unique man • Youth • Nationalist • Temper and demeanor • Death • Legacy

6. Nationalists • James Madison • Madison had little compassion for this confederacy that had been created. Felt it mortally flawed. • “luxiurancy of the legislature had become a nuisance”. • Future co-author (w/Hamilton and John Jay of the Federalist Papers.

7. Shay’s Rebellion • In the eyes of Madison and Hamilton it was so weak that it couldn’t even protect against internal insurrection by a disorganized militia within one state!

8. “reverse the flow” • Madison coined those words in describing the importance to create a way to reverse the flow of government back to a National government.

9. Annapolis • 9 states agreed to meet as Shay’s Rebellion was ongoing—to discuss changing the articles. • Madison invited the group to discuss commercial problems. • Rather than adjourn and talk about commercial matters…Hamilton insisted they deal with the bigger problem. • A resolution was drafted to discuss “all matters necessary”.

10. The Convention

11. The Philadelphia Convention • “the chair” • 70% of delegates were from Continental Congress (not John Adams…or we’d watch!) • 33% served in the military. • “an assembly of demi-gods”. Jefferson (en absentia)

12. Suspicious elements • Patrick Henry: emerging leader of a state’s rights group known as Anti-Federalists. • Suspicious that the deliberations were kept secret.

13. Officers • Washington to the surprise of no one was selected as President. • Each state would vote as a unit.

14. Nothing Spoken • Nothing spoken would be otherwise printed or published, those who did would be excused from the preceedings! • Why? • Official journals are succinct and are too incomplete for historians. • Madison kept detailed notes on his own.

15. Competing Plans • Early on it looked that the room had two distinct factions. • Small states and large states. • New Jersey Plan: singular representation • Virginia Plan: proportional representation • The Great Compromise

16. Bridging the Gap • Compromise looked unlikely. • “Something must be done or we shall disappoint not only America but the whole world”. Eldridge Gerry • A recess took place on 7/4/87 to celebrate. • A key part of bridging the gap—one of more depressing and vile legacies—the 3/5 compromise.

17. A Committee of Detail • Bridge the gaps between the philosophies. • Prepare a “draft”

18. Constitutional Principles • Republicanism • Federalism • Indirect Election (Electoral College) • Delegated Powers • Presidential system • The key opening lines—committee on style • “We the People  of the United States, in Order to form a more perfect Union, establish Justice, insure domestic Tranquility, provide for the common defence, promote the general Welfare, and secure the Blessings of Liberty to ourselves and our Posterity, do ordain and establish this Constitution for the United States of America.

19. The American Constitution • Ben Franklin: “The older I grow the more apt I am to doubt my own judgement and to pay more respect to the judgement of others…I agree that this constitution has its faults…I think a federal government necessary for us. I doubt that any convention may ever produce a better constitution…I expect no better.”

20. Ratification • At the end of the convention. George Mason proposed adding a “Bill of Rights”. This would take no time, the states would provide an example. • Rationale?

21. Process • Constitution sent to Confederation Congress. They didn’t feel it was there jurisdiction (typical) • Sent it to the states for approval at special ratifying conventions. • This is where things get interesting.

22. Ratification struggles • Pennsylvania saw fist fights in the convention, struggles to get people into the convention! • Georgia only agreed after some back room deals for future help against Native Americans. • Massachusetts is where things got interesting. • Demographics • Sam Adams…again. • Federalists v. Anti-Federalists • Insistence on passage of several key amendments to “quiet the apprehensions”

23. An odd dilemma • New Hampshire became the 9th state to ratify, that was all that was needed. However, Virginia and New York had not decided. • You couldn’t move forward without them. • Enter Hamilton

24. Factions • Nowhere were the “rural-urban”, “poor-rich”, “planter-farmer” distinctions as great as they were in Virginia. • Virginia, the home of Washington…could perhaps have turned its back on the Constitution? • Patrick Henry

25. Bridging the Gap • In the end, the only thing that could appease the bitter Federalist/Anti-Federalist gap was a suggestion that first arose from George Mason. • A Bill of Rights based on the model readily available in most of the state level constitutions. • The rest is history!