The Constitutional Convention & Ratification

1. The Constitutional Convention & Ratification

2. Constitutional Convention • Philadelphia in May of 1787 to revise the Articles of Confederation • Delegates from all states except Rhode Island • Decided to write a new constitution instead • Agreed new gov’t would be a republic, with a federal system • 3 branches – executive, legislative, judicial

3. Compromises • Great Compromise (Connecticut Compromise): • Legislative branch would be bicameral • Representation in the lower house based on population • Equal representation of the states in upper house • Combination of the Virginia Plan and the New Jersey Plan

4. Three-Fifths Compromise • Each state would count three-fifths of its slave population for purposes of determining both representation and taxation • Commerce and Slave Trade Compromise • Congress was prohibited from taxing exports from the states and from banning the slave trade for 20 yrs

5. SO HOW DID THE CONTITUTION FIX THE PROBLEMS IN THE ARTICLES OF CONFEDERATION?

6. Ratification Process • Constitution signed Sept 17, 1787 • Still had to be ratified by 9 of 13 states to go into effect • Federalists • Time for action had run out, country was collapsing • Articles of Confederation were incomplete (no taxes, courts, execution of federal laws, balance of power between states, foreign threats) • Constitution would appropriately balance state & central powers • Sufficient checks and balances, separations of power to keep federal gov’t in line • Limits to legislative powers included and carefully listed • Single executive held powers were shared or checked at almost every level

7. Anti-Federalists • New plan gave too many controls to “distant” and centralized gov’t • New executive was too powerful & “kinglike” • Federal power to tax was a dangerous control over citizens & states • Legislative powers were long and details – where was a list of limits? • What were basic civil freedoms that the federal gov’t couldn’t remove? • States had created “Bills of Rights” – why can’t the Constitution? • Wanted to define the rights of citizens!

8. By summer 1788 – 9 states had ratified the Constitution • Didn’t include VA or NY • Nation understood if either VA or NY rejected the Constitution, other nine votes were meaningless • Proponents called for giving the new system a trial – knowing time for more discussion was eliminated by foreign threats • Promise of a Bill of Rights pushes opponents over the edge

9. The Federalist Papers • Written by Alexander Hamilton, James Madison, & John Jay • Readership limited at the time • Often aimed at those who already decided to support/oppose ratification • Explanations of how the U.S. government balances power, protects political factions, settles disputes, runs a diverse nation

10. 85 total essays • #10 – written by Madison considered definitive analysis of regional political divisions • Addresses how & why to guard against rise of “factions” & predicted rise of interest groups & partisan politics • #51 – advocacy for checks & balances, separation of power • #78 – written by Hamilton • Explained & justified structure of proposed judicial branch

11. Anti-Federalists forced Federalists to agree to add federal guarantees of rights as amendments • First Congress 1789 • Representative James Madison led efforts to write 12 proposals • 10 adopted as Bill of Rights