The U.S. Constitution

1. The U.S. Constitution Compromise and Consent

2. Continental Congress (1774-1781) • Ad hoc • No formal authority • Central “authority” for insurgents • The patriots were rebels – committing treason! • Declaration of Independence (1776)

3. Articles of Confederation(1781-1789) • Passed by Continental Congress and approved by all colonies • “Confederation of states” • States held most of the power, not the national government • Power given to national government came from states, not people • One house Congress, no permanent elected executive

4. Impetus for Change • Economic crisis • Threats of violence • James Madison and Alexander Hamilton called for reform

5. Call for Reform • National legislature called for a convention to “revise” the Articles of Confederation • This meeting of delegates from the states became known as the Constitutional Convention (Philadelphia, 1787)

6. How Did We Get a Whole New System? • Virginia delegation (headed by Madison) got there first • First 11 days, just Virginia and Pennsylvania • Virginia plan became the starting point for debate

7. Basics of Virginia Plan • Bicameral legislature, representation based on population • National executive office (chosen by national legislature) • Strong national government

8. So, What Do We See at the Convention? • Economic self-interest (the big state / small state dispute) • Men who were powerful in their communities didn’t want to lose that with a strong, popularly elected national government • Distrust of government – been there, done that • The accepted belief, though, that change was necessary . . . Motivated compromise

9. Need strong national government to secure economic stability Want to avoid “excessive democracy” (didn’t trust the masses) Don’t want the national government to be too powerful – worried about tyranny Need to make the new system palatable to the masses to gain support Inherent Tensions

10. Big states (like Virginia) wanted representation based on population States with agricultural economy wanted slaves to count for representation (but not taxation) Small states wanted representation on a per state basis States without large slave populations did not want slaves inflating representation Genuine Disputes

11. Pathways to Compromise • Gag order on convention delegates • Delegates changed the rules to make it easier to ratify new document • Compromise achieved through • Splitting differences • Vague language • Leaving some questions unanswered

12. What Came Out of The ConventionPopulation v. Per State • The Connecticut Compromise • Representation in the House based on population BUT • Representation in the Senate equal for every state

13. What Came Out of the ConventionWhat to Do with Slaves? • The Three-Fifths Compromise • Every five slaves counted as three people for purposes of calculating population BUT • Applied for both representation and taxation

14. What Came Out of the Convention • A national government with sufficient power to control the economy BUT • With an internal system of checks and balances, frequent elections, and a broad range of “constituencies” to prevent concentrated power

15. What Came Out of the Convention • Enumerated (or “express”) powers for the national legislature, to allay fears of an all-powerful national government BUT • Language, such as the elastic clause, that gives the legislature latitude to respond to new situations

16. What Came Out of the Convention • Direct elections of the House of Representatives, to appease the masses BUT • Indirect election of the President and Senate and appointment of federal judges, to avoid “excessive democracy”

17. Still, Ratification an Uphill Battle • Concern over a “bill of rights” • The debate between the Federalists and the Anti-federalists

18. Bill of Rights • Not included because not thought necessary • Figured the states would provide those rights • Turns out the masses weren’t as trusting, wanted guarantees • Mass, VA, and NY wouldn’t ratify without a promise of a bill of rights • NC and RI waited until the bill of rights actually adopted before ratification

19. Property owners, creditors, merchants Wanted elites (like themselves) to hold power Felt representation should be “in your best interests,” not necessarily what you wanted Worried about tyranny of majority Small farmers, debtors, shopkeepers Wanted common people (like themselves) to hold power Felt representation should be direct and so government had to be small Worried about tyranny by the elite minority Federalists v. Anti-Federalists

20. Felt the tendency for power to be abused could be controlled by institutional mechanisms (checks and balances) Felt the tendency for power to be abused should be controlled by limiting power, period. Federalists v. Anti-Federalists