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Shays Rebellion
• The Rebellion exposed the definite need for a Constitutional Convention to be held in May, 1787
• It also showed the importance of having a strong central government to deal with important issues
• Also brought to attention the needs of veterans of the American Revolution
Thomas Jefferson’s View
• “A little rebellion now and then is a good thing . . . .It is a medicine necessary for the sound health of government... God forbid we should ever be twenty years without such a rebellion.”
Constitutional Convention
• Originally scheduled to begin May 14, 1787
• Convention called on May 25, 1787 once a quorum had finally been reached
• Uncertain if the plan was to “revise” the Articles or “fix” the government
Constitutional Convention
• 12 of 13 states attended with the exception of Rhode Island
• 55 delegates
• Thomas Jefferson, John Adams, Patrick Henry not present
Constitutional Convention
• George Washington voted presiding officer
• Significant because they wanted to give the appearance of propriety to the American people
Constitutional Convention
• Delegates vote to keep their debates secret
• 3 reasons:– Wanted all delegates to feel free to make
suggestions– Didn’t want to alert America’s enemies that
their might be dissension in the country– Didn’t want to scare American citizens that
the convention was uncertain about which way to proceed
Constitutional Convention
• James Madison kept a diary of the debates
• He is known as the “Father of the Constitution”
• Madison's Notes of Debates in the Federal Convention of 1787 remain the most complete record of the convention
Ideas of Montesquieu adopted
• Frenchman from the Age of Enlightenment
• "government should be set up so that no man need be afraid of another"
• James Madison had studied his work
• Separation of administrative powers
• The administrative powers were the executive, the legislative, and the judicial.
Montesquieu
• Executive Branch-enforce laws
• Legislative Branch-make or pass laws
• Judicial Branch-interpret
Montesquieu
• These should be separate from and dependent upon each other so that the influence of any one power would not be able to exceed that of the other two, either singly or in combination.
• Checks and Balances
Plans and Compromises
Representative PlansHow should states be represented in the legislative branch
• Virginia Plan• Congress to Consist
of:• Two houses
– First house elected by the people
– Second house elected by the first house
• Representation based on population
• New Jersey Plan• Congress to Consist
of:• One House• Each state to have
same number of representatives
Great Compromise
• Establishment of Congress• Two Houses• First house called the House of Representatives
– Representatives elected by people for a two year term– Representation based on the population of a state
• Second house called the Senate– Senators elected by state legislatures for a six year
term– Each state to have two senators
Separation of PowersHow should the government be divided?
• Virginia Plan• Legislative branch to
make laws• Chief Executive chosen
by legislature to carry out the laws
• Judicial branch chosen by the legislature to interpret the laws
• New Jersey Plan• Legislative branch to
make laws• Chief Executive chosen
by legislature to carry out the laws
• Judicial branch made up of one Supreme Court chosen by the executive branch to interpret the laws
Three Branches Compromise
• Two house legislature called Congress
• A Chief Executive known as the President to run the Executive branch
• President elected by the electoral college
• Judicial branch consisting of one Supreme Court, appointed by the President and approved by the Senate
Representation and Direct Taxes
• How should slaves be counted in determining a state’s representation in the House of Representatives?
• How should slaves be counted in determining the amount of direct taxes a state owed the federal government?
Representation and Direct Taxes
• Northern Plan• Slaves not to be
counted to determine representation in the House
• Slaves to be counted when figuring direct taxes owed by a state
• Southern Plan• Slaves to be counted
to determine representation in the House
• Slaves not to be counted when figuring direct taxes owed by a state
Three-Fifths Compromise
• Slaves would be counted to determine representation in the House of Representatives
• Slaves would be counted when figuring amount of direct taxes owed by a state
• For every 5 slaves, 3 would be counted toward representation and direct taxes
Interstate and Foreign Commerce
• What power should Congress have over trade between the states and foreign countries?
Interstate and Foreign Commerce
• Western Position• No taxes should be
placed on goods or products going from one state to another
• Southern Position• No export taxes
should be placed on goods or products going to another country
• Slave trade should not be prohibited
Interstate and Foreign Commerce
• Northern Position
• States shall be free to buy and sell goods to and from other countries
• Slave trade should be prohibited
Slave Trade Export Compromise
• Congress should control interstate and foreign commerce by passing laws with a simple majority
• All Treaties, including commercial ones, had to be ratified by a two-thirds vote of the Senate
• No export taxes would be placed on products or goods going to another country
• No laws would favor the ports of one state over another• The Slave trade could continue without interference from
Congress for 20 years—until 1808• Congress could place a $10 tax on each slave brought
into the country
Election of the President
• Sherman/Dickinson/ Martin Plan
• Congress should elect the President
• People are not well enough informed and educated to choose this official
• Wilson/Morris/Madison/Hamilton Plan
• People should directly elect the President
• Congress would too easily control the President if elected by that body
Electoral College Compromise
• A group of people called the electoral college would elect the President and Vice-President
• Electors would be chosen by state leaders and could hold no office in the government of the U.S.
• Each state would have as many electors as they have senators and representatives in Congress
Electoral College Compromise
• Electors would meet in December to choose the President and Vice-President
• The person with the most votes would be President. The person with the second highest number would be vice-President
• If no candidate received a majority of the electoral votes, the House of Representatives would elect the President
• The President’s term would be for four years
Sept 17, 1787
• “I have often and often in the course of this Session, looked at that behind the President without being able to tell whether it was rising or setting; but now at length I have the happiness to know that it is a rising and not a setting Sun.”
Ben Franklin
Ratification Struggle
• The Constitution would be submitted to the states for their approval after the government organized under the Articles of Confederation approved the measure
• 9 of the 13 states had to approve it for the Constitution to become legal
• Not all the delegates were pleased with the results; some left before the ceremony, and three of those remaining refused to sign: Edmund Randolph, George Mason of Virginia, and Elbridge Gerry of Massachusetts.
Ratification
• Federalists vs. Anti-Federalists
• Federalists favored a strong federal union and were led by Alexander Hamilton
Areas of Federalist/
Anti- Federalist support
Federalist Papers
• Alexander Hamilton-63 essays• James Madison-29 essays• John Jay-4 essays• Hamilton feared that a Bill of Rights could be
dangerous and would only allow for rights that were listed
• 85 articles advocating the ratification of the Constitution
• Most were written by Hamilton using the pen name “Publius” friend of the people
Anti-Federalists
• Anti-Federalists were led by people like Patrick Henry
• Sam Adams and John Hancock were also opposed
• George Mason demanded a Bill of Rights if he was to support the Constitution. The Bill of Rights was finally added and is considered the final compromise of the Convention
Massachusetts
• Massachusetts led the way in calling for a listing of rights that would be granted to all citizens
• Several states asked specifically for these amendments when ratifying the Constitution
• Others ratified the Constitution with the understanding that a bill of rights would soon follow.
• Of the 39 who did sign, probably no one was completely satisfied.
"There are several parts of this Constitution which I do not at present approve, but I am not sure I shall never approve them. ... I doubt to whether any other Convention we can obtain, may be able to make a better Constitution. ... It therefore astonishes me, Sir, to find this system approaching so near to perfection as it does; and I think it will astonish our enemies..."
Ratification of the Constitution
Date State Votes
Yes No
1 December 7, 1787 Delaware 30 0
2 December 12, 1787 Pennsylvania 46 23
3 December 18, 1787 New Jersey 38 0
4 January 2, 1788 Georgia 26 0
5 January 9, 1788 Connecticut 128 40
6 February 6, 1788 Massachusetts 187 168
7 April 28, 1788 Maryland 63 11
8 May 23, 1788 South Carolina 149 73
9 June 21, 1788 New Hampshire 57 47
10 June 25, 1788 Virginia 89 79
11 July 26, 1788 New York 30 27
12 November 21, 1789 North Carolina 194 77
13 May 29, 1790 Rhode Island 34 32
Bill of Rights Ratification
• On November 20, 1789, New Jersey became the first state to ratify these amendments.
• On December 15, 1791, 10 of these proposals became the First through Tenth Amendments — and United States law — when they were ratified by the Virginia legislature.
