The Philadelphia Convention

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The Philadelphia Convention

• AP GoPo fall 2008

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The Philadelphia Convention

• The Framers those individuals who were actively
  involved in the drafting of the Constitution
• The Framers (delegates) were professional people
  and property owners.
• Some were nationally and internationally
  respected
• Many had experience with governing in state or
  colonial capacities.

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Who were they?

• George Washington hero of the Revolutionary War,
  presided over the convention which added instant
  prestige
• Benjamin Franklin internationally known
  scientist and philosopher, also added luster
• James Madison of Virginia provided the diary
  (journal) that is our best record of events

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Who else?

• Jefferson and Adams were not at the
  Constitutional Convention because they were
  serving the United States abroad as ambassadors.
• John Locke well at least in theory!
• All of the states except for Rhode Island

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Motives of the Framers

• Historians view the Framers as wanting a
  republican form of govt (representative
  democracy) that would take public input and
  translate that input into public policy. It was
  clear that most delegates wanted to put an end to
  British rule

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Motives Cont

• Historians have further suggested that the
  Framers wanted a strong national govt to protect
  their own financial interests. Others, of course
  have disagreed, saying that such suggestions are
  unprovable and unfairly impugns the motives of
  the Framers. The delegates however, did have a
  cynical view of human nature, ie, that human
  beings are selfish and greedy (gee, who does this
  sound like?) The Framers, like John Locke,
  believed that a major source of political
  conflict was the unequal distribution of property.

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Motives Cont

• Some suggest that the strong national govt was
  to be a hedge against rule by mob, that majority
  rule and popular democracy might generate.
  Examples
• Slavery, being permitted, was not democratic
• States could determine who could vote, and
  excluded blacks and women
• Senators were chosen by legislatures rather than
  by direct election
• Electors choose the president, not the voters
• The Framers feared rule by the property-less
  classes

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Organization and Procedure of the Convention

• George Washington was elected president of the
  convention
• Procedurally, each state could cast one vote on
  an issue, and a majority of votes were needed to
  carry any proposal. Rule of secrecy in effect
• James Madison kept notes and was held in highest
  esteem. He became a floor leader and deservingly
  earned the title of Father of the Constitution.

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The Decision to Write a New Constitution

• The Philadelphia Convention was called to revise
  the Articles of Confederation
• Most delegates agreed that writing a new
  constitution was necessary
• Edmund Randolf of Virginia moved that a national
  govt be established consisting of the three
  branches of govt which would be supreme over
  state govts in national matters. With that, the
  convention moved from revision to drafting a new
  constitution

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Sources..

• First, the Framers were all well educated
• Delegates drew from history, current political
  thought, and from their own experiences. Major
  sources of ideas for the constitution included
  political writings of John Locke, British
  tradition and colonial experiences.
• Much of the language came from the Articles. A
  number of provisions came from state constitutions

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The Virginia Plan

• The plan called for a strong National Government
  with three separate branches. Madisons plan for
  a National Government with greatly expanded
  powers
• Legislature would be bicameral 2 legislative
  houses, representation based on population or on
  the amount of money a state gave to support
  national govt
• Members of the HOR elected by popular vote.
  Senate chosen by the HOR from lists of persons
  nominated by the state legislatures. The
  Constitution originally provided for the direct
  popular election of ONLY the HOR

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The Virginia Plan

• It favored large states because the number of
  votes in the legislature would be based on a
  states population
• Congress would choose a national executive and a
  national judiciary

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The New Jersey Plan

• The New Jersey Plan resembled the Articles of
  Confederation, but with increased power of the
  Federal government to tax and regulate trade
• It favored small states because each state was
  given equal representation in the legislature
• Patersons plan for a National Govt, which
  greatly resembled the Articles of Confederation

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The Connecticut Compromise (Great Compromise)

• Disagreement over representation in Congress
  ultimately cause tempers to flare
• The Connecticut Compromise settled the conflict
• Called for Congress to be composed of 2 houses.
  Equal representation in the Senate. HOR based on
  population
• Often called the Great Compromise in that it
  settled a primary dispute. It resolved the
  impasse between the Virginia and New Jersey Plans

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The Three-Fifths Compromise

• The question arose of whether slaves should be
  counted in the population of southern states.
• South obviously wanted them to be counted
• North didnt
• WHY???
• Delegates agreed to count slaves as 3/5 of a
  person for representation and taxation.
• Consequently it satisfied the Souths desire to
  inflate the population count of their states

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The Commerce and Slave Trade Compromise

• Congress was forbidden to tax exports.
  Southerners feared taxation on tobacco exports.
  It was a plan to satisfy Southern fears that the
  Federal Govt might be funded through export
  duties
• Congress could not act on the slave trade for at
  least 20 years

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A Bundle Of Compromises

• Great differences of opinion existed among the
  delegates
• Compromise was necessary on many issues
• Framers agreed on many basic issues, eg, central
  govt, popular sovereignty, limited govt,
  representative govt, separation of powers, and
  checks and balances

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Left uncovered Great Silences of the
Constitution

• Abolition of slavery left for another time. The
  only specific mention of slavery was with respect
  to the Three-Fifths Compromise
• Full scope of national powers was NOT explicitly
  spelled out
• Who should decide if things are constitutional?
  (no judicial review)
• How should the president be advised? (no privy
  council or cabinet)
• Not defined was the role of political parties,
  the bureaucracy or the formation of congressional
  committees or the concept of congressional
  seniority, the establishment of a post office,
  creation of interstate highways, nor the right to
  an abortion.

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The Convention Completes its Work

• The convention approved the Constitution
• Most delegates agreed that the Constitution was
  not perfect, but was the best that they could
  produce
• In Benjamin Franklins judgment, the Constitution
  was imperfect, but none better could be framed

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Ratification

• Remember that under Articles of Confederation, a
  unanimous vote of the states was required to
  change it
• For the new Constitution, only needed 9 states
  (2/3). Not a simple majority!
• The new Constitution gave the central govt more
  economic powers to resolve the economic chaos of
  the time period

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Ratification

• Federalists favored ratification, stressing the
  weaknessess of the Articles of Confederation
• James Madison and Alexander Hamilton
• Wanted more federal power
• Feared that if this new constitution did not
  pass, the old system would yield anarchy
• Hamilton, Madison, and Jay published more than 80
  letters to the editor under the pseudonym Publius
  in defense of key parts of the Constitution (now
  known as the Federalist Papers)

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Ratification

• Anti-Federalists opposed it, attacking the
  ratification process, the absence of mention of
  God, the denial to the states of a power to print
  money. Ultimately, they wanted less federal
  power.
• Believed that the new govt was an enemy of
  freedom (designed to five control of the govt to
  a rich elite), that the new Constitution was a
  class-based document, and that the new govt
  would erode fundamental liberties
• Felt that the Convention exceeded its mandate to
  revise the Articles
• Would not support a new Constitution without a
  Bill of Rights
• Included notable figures such as Patrick Henry,
  john Hancock and Samuel Adams
• 2 future Presidents, Jefferson and Monroe

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Ratification

• Debate about ratification involved the following
  objections, among others
• The increased power of the central govt (major
  objection)
• The Constitution lacked bill of rights (major
  objection)
• God was not mentioned in the document
• The Constitution did not allow states to print
  money, to place duties on imports from other
  states, to interfere with lawfully contracted
  debts and to harbor runaway slaves.

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Ratification

• Free speech, free press, and freedom of religion
  were NOT explicitly guaranteed during the
  ratification process.
• Ratification of the Constitution was done by
  special conventions in each state. Success was
  achieved when Virginia and New York ratified the
  document in the summer of 1788

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Inauguration of the New Government

• The new govt assembled in its temporary capital,
  New York City, in March 1789.
• Moved to Philadelphia in 1790
• Moved to D.C in 1800
• April 1789, George Washington was elected
  President of the United States