Constitution


 * CONSTITUTION MODULE**


 * Learning Objectives**:

1. What were the positive results/shortcomings of the Articles of Confederation. 2. Examine the forces that led to the calling of the Constitutional Convention. 3. Discuss the characteristics of the delegates and examine James Madison's role. 4. What major disagreements emerged in the Convention and how were they resolved? 5. Why did the Federalist forces prevail in the ratification debate?

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 * Crash Course US History #8: US Constitution**


 * Articles of Confederation described**:

The first American constitution

Codified the way the Second Continental Congress operated

Government was unwieldy and inefficient

Like a League of Friendship

Compare it to the Confederacy during Civil War.

Compare it to U.S. participation in the United Nations.

Abandoning the Articles (Toolbox Library, National Humanities Center) http://nationalhumanitiescenter.org/pds/makingrev/constitution/text1/text1read.htm

Religion and the Congress of the Confederation (Library of Congress) http://www.loc.gov/exhibits/religion/rel04.html


 * Features of the Articles of Confederation:**

1. No strong central government

2. Sovereignty and independence retained by states

3. One house in Continental Congress—each state had an equal vote Each state could have 2-7 delegates--but only one vote per state

4. State control of Congressional delegation
 * Delegates selected by state legislatures
 * Delegates paid by states
 * Delegates had one-year terms, up to a maximum of 3 terms

5. Nine of thirteen states' votes required for normal legislation

6. All 13 states' votes needed to amend the articles itself A proposed 5% import tax approved by all but Rhode Island

7. No separate executive branch to administer the government One member picked to act as "president" "President" had no veto power "President" had no power to appoint officers or conduct policy

8. No national-level court system State land claims created animosity

9. No power to levy taxes Could only make requests to states for contributions U.S. had poor credit rating with other countries

10. No authority to regulate commerce Various states negotiated their own treaties with foreign countries Some states collected customs duties on goods from other states

11. No strong, centralized military National army small Military largely dependent on state militias Army not strong enough to make British leave their frontier posts


 * Northwest Territory**:

Confederation Congress successful in one thing: legislation for Northwest Territory Northwest of the Ohio River and east of the Mississippi River Today's states of Ohio, Illinois, Indiana, Michigan, and Wisconsin

Two major pieces of legislation set pattern for many future decisions in U.S. history.

1. **Land Ordinance of 1785**

Land Ordinance of 1785 (Ohio History Central) http://www.ohiohistorycentral.org/entry.php?rec=1472

Land to be surveyed in a regular grid pattern Outlined process through which land could be sold to settlers Land sales helped fund national government

2. **Northwest Ordinance of 1787**

Abolished slavery in Northwest territory Guaranteed freedom of religion within the territory Defined how formal governments would be organized When 6,000 settlers: territorial status When 60,000 settlers: apply for statehood New states would join Union on equal footing with original thirteen

Northwest Ordinance (National Archives: Our Documents) http://www.ourdocuments.gov/doc.php?flash=true&doc=8

Northwest Ordinance (Ohio History Central) http://www.ohiohistorycentral.org/entry.php?rec=1747

Northwest Ordinance (Toolbox Library, National Humanities Center) http://nationalhumanitiescenter.org/pds/livingrev/expansion/text1/text1read.htm


 * Why did we have what became known as the Constitutional Convention?**

Many American leaders felt that the laws of the Confederation government were not adequate to run the country.


 * Shay's Rebellion** (January 1787)

Convinced many political leaders that the nation's problems extended far beyond trade policy. Massachusetts farmers angered by high taxes and the scarcity of money. They took up arms to protest. Led by Daniel Shays Used same arguments Patriots had used against the British. Was this protest a forerunner of similar revolts in other locations?

Shays Rebellion (This website is terrific) http://shaysrebellion.stcc.edu/

Shays' Rebellion Explained in One Minute http://youtu.be/FeRYpVBWQN8

Shays' Rebellion (Stanford History Education Group) http://sheg.stanford.edu/upload/Lessons/Unit%203_Revolution%20and%20Early%20America/Shays%20Rebellion%20Lesson%20Plan1.pdf

Shay's Rebellion (Teaching American History) http://teachingamericanhistory.org/library/index.asp?document=1092

William Manning Explains Shay's Rebellion (History Matters) http://historymatters.gmu.edu/d/5836/


 * Convention itself**

Philadelphia. May–Sept 1787

Delegates to the Federal (Grand) Convention.

Founding Fathers Framers of the Constitution

See also:

The Constitutional Convention of 1787 (EDSITEment) http://edsitement.neh.gov/curriculum-unit/constitutional-convention-1787

http://www.teachingamericanhistory.org/convention/
 * Constitutional Convention (Gordon Lloyd)**


 * Let's look closely at some specific aspects of the website**:

http://www.teachingamericanhistory.org/convention/delegates/
 * Individual Biography Master Page**

George Washington Benjamin Franklin Edmund Randolph George Mason James Madison Roger Sherman John Dickinson William Paterson Alexander Hamilton

Overall Timeline http://www.teachingamericanhistory.org/convention/summary.html

Madion's Notes Master Calendar http://www.teachingamericanhistory.org/convention/debates/

Virginia Plan example Thursday, May 31 http://www.teachingamericanhistory.org/convention/debates/0531.html

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 * Interactive Map of Philadelphia**

Here are some of the places you might enjoy reading about:

1. Mrs. Dailey's Boarding House 2. John Dunlap's Print Shop. (Notice that items were printed in German.) 3. Indian Queen Tavern 4. Mary House's Boarding House 5. Robert Morris's Town Home 6. Graff House. Thomas Jefferson 7. City Tavern. Check out the amount of liquor on this bill. [] 8. Mrs. Marshall's Boarding House. Connecticut Compromise. 9. Independence Hall 10. Philadelphia Debtors' Prison. Robert Morris [see his Town Home above]


 * Key people who were not delegates at the convention**


 * Thomas Jefferson (ambassador to France)
 * John Adams (ambassador to England)
 * Patrick Henry ("smelled a rat")


 * Procedural rules crucial to the outcome**:

a. Absolute secrecy

June 6. James Madison to Thomas Jefferson. He is restrained by rules of confidentiality, but what we do here "will in some way or other have a powerful effect on our destiny." [See last paragraph of this letter] []

b. OK to reopen questions

c. Only a majority vote of states required to approve provisions

Bypassed the 9/13 rule of the Articles of Confederation


 * James Madison—vital role**:

Well prepared: Studied comparative governments historically "Vices of the Political System of the United States" Took notes during entire Convention Often called the "Father of the Constitution" Later role as Fourth President of the United States

Madison's Treasures (Library of Congress Exhibition) http://www.loc.gov/exhibits/madison/

James Madison (Today in History, Library of Congress) http://memory.loc.gov/ammem/today/mar16.html


 * Virginia plan (Edmund Randolph plan)**

Replace the Articles of Confederation

[] Go to the paragraph beginning with "Mr. Randolph then opened the main business."

Large states liked this plan Two–house legislature Lower house elected directly by the people Upper house selected by the lower Proportional representation in both houses "National" executive with "supreme" powers "National" executive to be chosen by legislature; (electoral college) National judiciary—became basis of Supreme Court Congressional veto over state laws.

Let's see an example of how the delegates processed this Virginia Plan on Thursday, May 31, 1787:

Overall Timeline http://www.teachingamericanhistory.org/convention/summary.html

Madion's Notes Master Calendar http://www.teachingamericanhistory.org/convention/debates/

Virginia Plan example Thursday, May 31 http://www.teachingamericanhistory.org/convention/debates/0531.html


 * New Jersey plan**

Just amend the Articles of Confederation

On June 15, William Paterson submitted the New Jersey Plan It scrapped all the popular representation provisions of the Virginia Plan Small states liked this plan One–house legislative setup Each state would have an equal vote Modestly stronger national government


 * Great [Connecticut] Compromise**

a. Convention had almost collapsed because of the large state/small state split over representation.

b. On Thursday, June 28, Benjamin Franklin suggested that the members should pray. But let's look at how his proposal turned out. [] Scroll down 2/3 of the way to "Mr. President"

c. On Tuesday, July 10, George Washington wrote to Alexander Hamilton that he despaired of "seeing a favourable issue to the proceedings of the Convention, and do therefore repent having had any agency in the business." []


 * Digression: Benjamin Franklin**

Benjamin Franklin PBS http://www.pbs.org/benfranklin/

Check out these specific screens: Ben A to Z http://www.pbs.org/benfranklin/az.html Health http://www.pbs.org/benfranklin/l3_inquiring_medical.html Inventions http://www.pbs.org/benfranklin/l3_inquiring_little.html Glass Armonica http://www.pbs.org/benfranklin/l3_inquiring_glass.html Post Office http://www.pbs.org/benfranklin/l3_world_letters.html France http://www.pbs.org/benfranklin/l3_world_france.html

Benjamin Franklin, First American Diplomat https://history.state.gov/milestones/1776-1783/b-franklin

The enchanting history of Ben Franklin’s glass armonica — ‘the first musical instrument ever invented by an American’ - The Washington Post https://www.washingtonpost.com/entertainment/books/the-enchanting-history-of-ben-franklins-glass-armonica/2016/10/10/cd457ea0-8c95-11e6-bf8a-3d26847eeed4_story.html

Glass armonica https://www.youtube.com/watch?v=8D9BBMDWoNM&feature=youtu.be


 * The Great Compromise reconciled the Virginia and New Jersey plans**:

1. Lower House

Proportional representation Members elected directly by the people

2. Upper house

Each state had two members Equal votes per state (so they thought) Elected by state legislatures (1916: direct election)


 * Three–Fifths clause**

How to allocate lower house representation among the states? This question divided states between slave/free rather than state size Slaves to count as "three–fifths" of a person for representation South gained power: House of Representatives & electoral college


 * Other constitutional protections for slavery**

Congress prohibited from outlawing slave trade for twenty years Fugitive slave clause: states must return runaways to masters. National troops can help put down states' "domestic violence"


 * Presidency**

Decisions on presidential powers made in light of the presumed first president: George Washington.


 * Court system**

Judicial powers not as fully outlined as legislative and executive.


 * Separation of powers**

Power balancing power. Gridlock intentionally built in.

Checks and balances both horizontal and vertical:

Horizontal: President, Congress, and Supreme Court. Vertical: Federalism—balance between national and state levels


 * Ratification (approval) Conventions**:

Material from Gordon Lloyd's Teaching American History website is taken from: []

Ratification required approval of nine states Most state legislatures only willing to revise the Articles

How to bypass the state legislatures State constitutional conventions—people selected convention delegates

A constitution more important than normal legislation Should not be passed by regular legislative process.

Two general groupings arose out of the ratification conventions:

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 * Federalists**:


 * Called themselves Federalists, not nationalists.
 * Wanted a strong national government
 * Supported the Constitution as drafted
 * Promised a Bill of Rights after ratification


 * Antifederalists**:


 * Wanted strong state governments as chief protectors of individual rights
 * Opposed the Constitution as drafted
 * Demanded a Bill of Rights to protect individuals from national government


 * Federalist Papers**:

[]

1. Written primarily for the ratification battle in New York 2. Published anonymously (Publius) 3. Actually written by James Madison, Alexander Hamilton, and John Jay 4. Classic of political theory 5. Original intent issue 6. What was in the mind of the Framers? 7. Plus Madison's notes

Two of the most famous of the Federalist essays:

Federalist 10 []

Federalist 51 []


 * Antifederalists**

We should not dismiss the views of the Antifederalists. Those views still have relevance today.

The following paragraphs are taken from Gordon Lloyd's "Introduction to The Antifederalists" []

The expression of discontent over the last fifty years about American politics has an ominous ring, revealing the widespread Antifederal mood in the electorate.

Among the dramatic changes in recent American politics are the alarming alienation of the citizenry from the electoral system, the increased presence of the centralized Administrative State, and the dangerous consequences of an activist judiciary that openly thwarts the deliberate sense of the majority.

These are all Antifederalist concerns about the tyranny of politicians.

The term limits movement of the late twentieth century demonstrates that the Antifederalist message—keep your representatives on a short leash, otherwise you will lose your freedom—still resonates with the American people, because Antifederalism is very much part of the American political experience.

When we hear the claim that our representatives operate independently of the people, and that the Congress fails to represent the broad cross-section of interests in America, we are hearing an echo of the Antifederalist critique of representation.

When we hear that the federal government has spawned a vast and irresponsive administrative bureaucracy that interferes too much with the life of American citizens, we are reminded of the warnings of the Antifederalists concerning consolidated government.

They warn that, in effect, executive orders, executive privileges, and executive agreements will create the "Imperial Presidency." And they warn that an activist judiciary will undermine the deliberate sense of the majority.

The criticism that Americans have abandoned a concern for their religious heritage and neglected the importance of local customs, habits, and morals, recalls the Antifederalist dependence upon self-restraint and self-reliance. When we hear a concern for the passing of decentralization—old time federalism—we are hearing the Antifederalist lament.

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 * Ratification (approval) vote**:

Proposed Constitution not overwhelmingly popular

Debate was spirited

Some state votes were close:

Massachusetts (187–168) New Hampshire (57–46) New York (30–27) Virginia (89–79)

Constitution was ultimately approved!