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Topic 2: Creating & Ratifying the Constitution �Section 4

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The Framers

The Constitutional Convention began on May 25, 1787, with 55 delegates.

These individuals, called the Framers, came from many backgrounds:

Many had fought in the Revolutionary War.
Eight had signed the Declaration of Independence.
34 had attended college at a time when it was a rare achievement.
Two would become President, one a Vice President, nineteen a U.S. Senator, and thirteen a member of the House of Representatives.

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A New Government

The Framers elected George Washington as president of the convention and set up procedural rules.

A majority of state delegations would need to be present to conduct business.
Each delegation would have one vote.
A majority vote would carry a proposal.

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A New Government, cont.

Then, on May 30th, the Framers made their biggest decision: to replace the Articles of Confederation rather than amend them.

James Madison (right) was a major figure in the movement to replace the Constitution.

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State Constitutions – Features that influenced

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A Bundle of Compromises

Why was the Constitution called a “bundle of compromises”?

The Framers had to resolve disputes involving such issues as:

The exact structure of the new government
Regional differences among the states
The method of choosing the President
How to amend the Constitution
The limits on federal powers

The Constitution they approved on September 17, 1787, has thus been called a “bundle of compromises.”

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Representation

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The Issue of Slavery

Disputes over slavery during the Convention arose because slavery was far more common in the agricultural South than in the more industrial North.

However, slavery was legal in every states except Massachusetts.

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3/5 Compromise

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Commerce & Slave Trade Compromise

Southern states wanted to protect their agricultural exports and the slave trade from regulation by Congress.

Commerce and Slave Trade Compromise - Congress could not tax state exports or interfere with the slave trade for the next 20 years.

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A Comparison

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Ratification Debate

The key issues debated included:

How strong should the new central government be to avoid the problems faced under the Articles of Confederation?
Why didn’t the Constitution have a Bill of Rights, and was one really necessary?
Did Congress and the presidency have too much power?

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A New Government

The Articles of Confederation could only be amended by a unanimous vote of all 13 states.

But the delegates at the Constitutional Convention decided to require only 9 of 13 states to ratify the Constitution.

They felt that a unanimous vote would be too difficult to achieve, and that the Articles were being replaced rather than amended.

Copies of the new Constitution were sent to the states on September 18, 1787.

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Federalists

Supporters of ratification were called Federalists.

They argued that the Articles of Confederation were weak and needed to be replaced.

Believed in a strong federal government

Alexander Hamilton & James Madison were leaders among the Federalists

Alexander Hamilton

James Madison

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Federalist Writings

The Federalist Papers influenced many Americans to support the Constitution

These were written by Alexander Hamilton, James Madison, and John Jay, all using the pen name, Publius.

They consisted of 85 political essays, written between 1787 and 1788, and were soon published across the nation.

These essays are still read widely today for their insights into the Constitution, the federal government, and the nature of representative democracy.

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Anti-Federalists

Opponents of ratification were called Anti-Federalists.

They opposed the new Constitution & ratification process.

They thought the new central government would be too strong.

Most of all, they argued that the Constitution needed a Bill of Rights to protect the people from the government.

Led by Patrick Henry & John Hancock

Patrick Henry

John Handcock

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Anti-Federalist Writings

Anti-Federalists also wrote many essays, pamphlets, and letters

The essays by “Brutus” were most likely written by Robert Yates. They were first published in New York.

Richard Henry Lee of Virginia wrote a number of pamphlets and letters using the name “The Federal Farmer.”

Around the country, debate over ratification was fed by these various written works expressing strong views on both sides.

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Federalists vs. Anti-Federalists

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Bill of Rights

Why did the Framers not include a bill of rights in the original Constitution?

At first, Federalists said a Bill of Rights was not needed because:

The state constitutions already protected individual rights and freedoms.
The separation of powers among the three branches would keep the new national government from abusing its authority.

But Anti-Federalists opposition was so strong that Federalists eventually promised to add a Bill of Rights once the Constitution was ratified.

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Ratification Debate

Ratification was swift in some states and bitterly contested in others.

Approval of the Constitution required ratification by nine states.

On June 21, 1788, New Hampshire became the ninth ratifying state.

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Trouble with Ratification

Even though 9 states had ratified the Constitution, without the support of the key states of New York and Virginia, the Constitution would fail.

In Virginia, James Madison, George Washington, and Thomas Jefferson supported the Federalists against Anti-Federalists led by Patrick Henry, James Monroe, and George Mason.
New York was deadlocked until Alexander Hamilton helped turn the tide for the Federalists.

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Success

When Virginia and New York ratified the Constitution by narrow votes, success was finally ensured.

Eventually all 13 states ratified the Constitution.

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Inauguration

The Confederation Congress chose New York City as the temporary capital of the United States.

The new U.S. Congress first met on March 4, 1789, at Federal Hall in New York City.

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Inauguration, cont.

George Washington was chosen as the first President by a unanimous vote of electors.

He took office on April 30^th. John Adams was vice president.

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Key Terms

Framers: the individuals who attended the Philadelphia Convention
Virginia Plan: a plan offered at the Convention that called for a central government with three branches, with each state’s representation in a bicameral legislature based mainly on population
New Jersey Plan: a plan calling for a central government with a unicameral legislature and equal representation of all the states.

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Key Terms, cont.

Connecticut Compromise: an agreement to divide Congress into two houses, one with representation based on state population and one with equal representation for all states
Three-Fifths Compromise: an agreement to count each slave as three fifths of a person when determining state population
Commerce and Slave Trade Compromise: an agreement forbidding Congress from taxing state exports or interfering with the slave trade for at least 20 years

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Key Terms, cont.

Federalist: a person favoring ratification of the proposed U.S. Constitution
Anti-Federalist: a person opposing ratification of the proposed U.S. Constitution

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