The Philadelphia Convention

1. The Philadelphia Convention AP GoPo fall 2008

2. The Philadelphia Convention • The Framers: those individuals who were actively involved in the drafting of the Constitution • The Framers (delegates) were professional people and property owners. • Some were nationally and internationally respected • Many had experience with governing in state or colonial capacities.

3. Who were they? • George Washington: hero of the Revolutionary War, presided over the convention which added instant prestige • Benjamin Franklin: internationally known scientist and philosopher, also added luster • James Madison of Virginia: provided the diary (journal) that is our best record of events

4. Who else? • Jefferson and Adams were not at the Constitutional Convention because they were serving the United States abroad as ambassadors. • John Locke: well at least in theory! • All of the states except for Rhode Island

5. Motives of the Framers • Historians view the Framers as wanting a republican form of gov’t (representative democracy) that would take public input and translate that input into public policy. It was clear that most delegates wanted to put an end to British rule

6. Motives Cont… • Historians have further suggested that the Framers wanted a strong national gov’t to protect their own financial interests. Others, of course have disagreed, saying that such suggestions are unprovable and unfairly impugns the motives of the Framers. The delegates however, did have a cynical view of human nature, ie, that human beings are selfish and greedy (gee, who does this sound like?) The Framers, like John Locke, believed that a major source of political conflict was the unequal distribution of property.

7. Motives Cont… • Some suggest that the strong national gov’t was to be a hedge against rule by mob, that majority rule and popular democracy might generate. Examples: • Slavery, being permitted, was not democratic • States could determine who could vote, and excluded blacks and women • Senators were chosen by legislatures rather than by direct election • Electors choose the president, not the voters • The Framer’s feared rule by the property-less classes

8. Organization and Procedure of the Convention • George Washington was elected president of the convention • Procedurally, each state could cast one vote on an issue, and a majority of votes were needed to carry any proposal. Rule of secrecy in effect • James Madison kept notes and was held in highest esteem. He became a floor leader and deservingly earned the title of “Father of the Constitution.”

9. The Decision to Write a New Constitution • The Philadelphia Convention was called to revise the Articles of Confederation • Most delegates agreed that writing a new constitution was necessary • Edmund Randolf of Virginia moved that a national gov’t be established consisting of the three branches of gov’t which would be supreme over state gov’ts in national matters. With that, the convention moved from revision to drafting a new constitution

10. Sources….. • First, the Framers were all well educated • Delegates drew from history, current political thought, and from their own experiences. Major sources of ideas for the constitution included political writings of John Locke, British tradition and colonial experiences. • Much of the language came from the Articles. A number of provisions came from state constitutions

11. The Virginia Plan • The plan called for a strong National Government with three separate branches. Madison’s plan for a National Government with greatly expanded powers • Legislature would be bicameral: 2 legislative houses, representation based on population or on the amount of money a state gave to support national gov’t • Members of the HOR elected by popular vote. Senate chosen by the HOR from lists of persons nominated by the state legislatures. The Constitution originally provided for the direct popular election of ONLY the HOR

12. The Virginia Plan • It favored large states because the number of votes in the legislature would be based on a state’s population • Congress would choose a national executive and a national judiciary

13. The New Jersey Plan • The New Jersey Plan resembled the Articles of Confederation, but with increased power of the Federal government to tax and regulate trade • It favored small states because each state was given equal representation in the legislature • Paterson’s plan for a National Gov’t, which greatly resembled the Articles of Confederation

14. The Connecticut Compromise (Great Compromise) • Disagreement over representation in Congress ultimately cause tempers to flare • The Connecticut Compromise settled the conflict: • Called for Congress to be composed of 2 houses. Equal representation in the Senate. HOR based on population • Often called the Great Compromise in that it settled a primary dispute. It resolved the impasse between the Virginia and New Jersey Plans

15. The Three-Fifths Compromise • The question arose of whether slaves should be counted in the population of southern states. • South obviously wanted them to be counted • North didn’t • WHY??? • Delegates agreed to count slaves as 3/5 of a person for representation and taxation. • Consequently it satisfied the South’s desire to inflate the population count of their states

16. The Commerce and Slave Trade Compromise • Congress was forbidden to tax exports. Southerners feared taxation on tobacco exports. It was a plan to satisfy Southern fears that the Federal Gov’t might be funded through export duties • Congress could not act on the slave trade for at least 20 years

17. A “Bundle Of Compromises” • Great differences of opinion existed among the delegates • Compromise was necessary on many issues • Framers agreed on many basic issues, eg, central gov’t, popular sovereignty, limited gov’t, representative gov’t, separation of powers, and checks and balances

18. Left uncovered: “Great Silences of the Constitution” • Abolition of slavery left for another time. The only specific mention of slavery was with respect to the Three-Fifths Compromise • Full scope of national powers was NOT explicitly spelled out • Who should decide if things are constitutional? (no judicial review) • How should the president be advised? (no privy council or cabinet) • Not defined was the role of political parties, the bureaucracy or the formation of congressional committees or the concept of congressional seniority, the establishment of a post office, creation of interstate highways, nor the right to an abortion.

19. The Convention Completes its Work • The convention approved the Constitution • Most delegates agreed that the Constitution was not perfect, but was the best that they could produce • In Benjamin Franklin’s judgment, the Constitution was imperfect, but none better could be framed

20. Ratification • Remember that under Articles of Confederation, a unanimous vote of the states was required to change it • For the new Constitution, only needed 9 states (2/3). Not a simple majority! • The new Constitution gave the central gov’t more economic powers to resolve the economic chaos of the time period

21. Ratification • Federalists favored ratification, stressing the weaknessess of the Articles of Confederation • James Madison and Alexander Hamilton • Wanted more federal power • Feared that if this new constitution did not pass, the old system would yield anarchy • Hamilton, Madison, and Jay published more than 80 letters to the editor under the pseudonym Publius in defense of key parts of the Constitution (now known as the Federalist Papers)

22. Ratification • Anti-Federalists opposed it, attacking the ratification process, the absence of mention of God, the denial to the states of a power to print money. Ultimately, they wanted less federal power. • Believed that the new gov’t was an enemy of freedom (designed to five control of the gov’t to a rich elite), that the new Constitution was a class-based document, and that the new gov’t would erode fundamental liberties • Felt that the Convention exceeded its mandate to revise the Articles • Would not support a new Constitution without a Bill of Rights • Included notable figures such as Patrick Henry, john Hancock and Samuel Adams • 2 future Presidents, Jefferson and Monroe

23. Ratification • Debate about ratification involved the following objections, among others: • The increased power of the central gov’t (major objection) • The Constitution lacked bill of rights (major objection) • God was not mentioned in the document • The Constitution did not allow states to print money, to place duties on imports from other states, to interfere with lawfully contracted debts and to harbor runaway slaves.

24. Ratification • Free speech, free press, and freedom of religion were NOT explicitly guaranteed during the ratification process. • Ratification of the Constitution was done by special conventions in each state. Success was achieved when Virginia and New York ratified the document in the summer of 1788

25. Inauguration of the New Government • The new gov’t assembled in its temporary capital, New York City, in March 1789. • Moved to Philadelphia in 1790 • Moved to D.C in 1800 • April 1789, George Washington was elected President of the United States