The Constitutional Convention

Again, this could be covered in 10 weeks….but we’re moving

fast.

The following is a bit over-simplified, we’ll call it the “short

version”

I do solemnly swear (or affirm) that I will faithfully execute the

Office of President of the United States, and will to the best of

my ability, preserve, protect and defend the Constitution of the

United States.

"I, _____, do solemnly swear (or affirm) that I will support and defend the Constitution of the

United States against all enemies, foreign and domestic;… I will obey the orders of the President… So help me God."

“Constitution”•Definition: the basic principles

and laws of a nation, state, or social group that determine the powers and duties of the government and guarantee certain rights to the people in it

• Simply put: The Supreme Law of the Land

1776-1787

• Individual State Constitutions• Articles of Confederation• “Confederation Congress”• Washington: “We have errors to

correct.“• Others agreed, such as James

Madison of Virginia

Problems with the Articles:

• Paper Money = Inflation• No power to tax• No individual leader• Could not regulate commerce• Shays’ Rebellion (Mass.1786)• Debtor’s prisons

“Annapolis Convention”(only 5 states)

A “Grand Convention” is needed!

Goal was still to simply “tweak” the Articles

Declaration of Independence!

The people have the right to choose the form of government under which they shall live and to install such government as they deem appropriate to secure their liberty,

security, and happiness.

Delegates to the Convention

• Virginia & Five other states:

• Sent Delegates right away!

• New York & Five other states:

• Waited for Confederation Congress to OK

Rhode Island sent NO delegation

Strongly opposed to any national regulations (trade)

When all is said and done, they were threatened into joining by Congress!

55 Delegates Attend Only 39 signed

(May – September 1787)

Washington

Unanimously chosen President of the Convention

The Framers were a “new generation” of

politicians

…A Younger Group than the Continental Congress

“The Framers”

James Madison (VA)(36)

“Father of the Constitution”

Gov’t “Geek”

“The Framers”

Robert Morris (PA) (53)

“Quiet, but very influential”

“$$$”

“The Framers”Alexander Hamilton (NY)(32)

Sees the geek side, but

understands financial side.

Smartest man?

Ben Franklin

(Pennsylvania)

“The Framers”

Age 81 (Courtesy

Invite)

“The Framers”•Jonathan Dayton - 27 (NJ)•John Dickinson (DE)•Roger Sherman (CT)•Dr. James McHenry (MD)

Original Founding Fathers

Two very notable absentees?

• Patrick Henry (smelled a “rat”)• Sam Adams

• Richard Henry Lee• John Hancock

Other famous absentees in addition to Adams and

Jefferson:

Question to be dealt with:

Who has the power? The states or a national government? Can both

exist?

The Virginia Plan• Edmund Randolph (Governor)• Or…the “Large State Plan”• 3 Branches of Gov’t that check

each other• Centralized National Gov’t could

veto state laws(the rat!)• Proportional Representation• Congress chooses President

The New Jersey Plan

•William Paterson•Or…the “Small State Plan”•Simply make the Articles

better•Keep one house legislature,

one vote for each state

The Hamilton Plan

•Job of gov’t is to protect the few from the masses

•Senators and Pres. - LIFE•Gov’t appoints state officials•Delegates liked, people would

NOT

Connecticut Compromise•Or…the “Great Comp.”•Roger Sherman•Two Houses in the Congress•One is Equal (Senate)•One is Population Based

(House of Reps.)

Slavery•Do slaves count?•SC richest state•3/5 Compromise •20 years left on slave trading

•Does this make us rethink the framers?

The Presidency• At first, many ideas for election

and term of office • Biggest problem, how to elect?• The answer: “Electoral College”

September 17, 1787

I have the happiness to

know that it is a rising and not a

setting Sun

---Franklin

Ratification – Passing it•Passing the Constitution required 9 states

•Delaware was first•New Hampshire #9•1789 : New Gov’t in place! (however…)

Two Important States Remain Unsure

•Virginia and New York

•Wanted to insertion of basic citizen rights

•“Bill of Rights”

Unforeseen outcome of the Constitutional Convention:

•Development of Political Parties in the U.S.

•Federalists & Anti-Feds

Federalists• Supported the Constitution• Supported Big Government• Generally Big City / Businessmen

Anti-Federalists

Federalists led by Alexander Hamilton, James Madison and John

Jay

"Publius“

Debate in New York

The “Federalist” (Papers)

The “Federalist” (Papers)

• #10 -- How to counteract factions J.M.

• #51 --Defends 3 branches with checks and balances, hence our rights J.M.

• #70 – One man Executive A.H.

• #78 – Judicial Review A.H.

• #84 – No need for a Bill of Rights A.H.

Anti-Federalists were eventually led by Thomas

Jefferson

“Jeffersonian-Republicans”

“Democratic-Republicans”

“Democrats”

Inaugurating the new President

• September 13, 1788 – 11 of 13 States

• March 4, 1789 – Congress convened

• April 30, 1789 – George Washington becomes president