The Constitutional Convention
Signing the Constitution, Courtesy Collection of the Architect of the Capitol
Location & Date: May 25 to September 17, 1789 in Philadelphia, Pennsylvania
Presiding President: General George Washington
Prior History
State representatives convened at the Annapolis Convention to debate about extending national authority over commerce. The delegates decided that more urgent issues were at hand than just commerce, and proposed for another convention the next year in Philadelphia "for the sole and express purpose of revising the Articles of Confederation".
Reasons for Convention
- states failed to adhere to the Treaty of Paris because of a lack of federal enforcement
- federal government had no taxing power and was on the brink of bankruptcy
- foreign nations were reluctant to trade with the U.S. since Congress had no way of enforcing trade agreements, citizens could refuse to pay for imports
- European neighbors had little respect for a young nation with a weak government
- Shay's Rebellion, a armed uprising against high state taxes and imprisonment for debt
- in conclusion, the Articles of Confederation provided for a weak national government which caused the above problems
Key Supporter(s) for the Convention: James Madison & Alexander Hamilton
Opposition against the Convention
- fear that a strong federal government would lend to aristocracy and further tyranny as experienced before the Revolutionary War
- with high rivalry amongst states, states supporters feared a strong national government would play favors and give an unfair advantage to some states
Key Opponent(s) to the Convention: Patrick Henry
Delegates Information
- 55 delegates from 12 states (Rhode Island did not attend)
- 34 delegates were lawyers, others were merchants or planters
- white males who were above average in wealth, had a college-education, well acquainted with the law, and relatively young with most in their 20s to 30s
Beginning Agreements
- delegates agreed to disregard original instructions to revise the Articles of Confederation but instead decided to develop a new constitution all together
- all records of dialogs made during the convention would be kept secret for thirty years in order to promote free exchange of ideas and avoid political endangerment for the delegates
Key Issues
(1) Representation
- Larger States-representation in Congress should be based on state population
- Smaller Sates-there should be equal representation in Congress
(2) Slavery
- Northern States-slaves should not be counted as part of the population when determining representation, but should be counted for taxes
- Southern States-slaves should be counted as part of the population when determining representation, but should not be counted for taxes
(3) Trade
- Northern States-wanted federal government to regulate interstate commerce and foreign trade
- Southern States-didn't want federal control over trade for fear of interference with the slave trade and export taxes on tobacco and rice
(4) Executive Power and Election
- disagreements over term of life (live-long office or shorter)
- what kinds of power should the executive branch have (a lot or limited)
- how should the president be elected (by the people or by Congress)
The Virginia Plan & New Jersey Plan
The Virginia Plan was developed James Madison (VA) introduced by Edmund Randolph (VA). Madison believed strongly in the system of checks-and-balances. The New Jersey Plan was introduced by William Patterson (NJ). Patterson kept the unicameral Congress from the Article but expanded on the powers of Congress. The Connecticut Plan, or The Great Compromise, was introduced by Roger Sherman (CT). Sherman wanted to absolve issues over representation between large and small states.
Other Compromises
Three-fifths Compromise-each slave is to be counted as 3/5 of a person when determining a state's representation in Congress and taxation purposes
Halt on Slavery Abolition-the slave trade would be protected for at least 20 years, up to 1808, at which time Congress will readdress the issues of abolition
Commercial Compromise-Congress has the power to regulate interstate and foreign commerce, which included issuing tariffs but prohibited taxes on exports
Ratification
With the backing of such prestigious people as George Washington and Benjamin Franklin, the Constitution gained some backing but faced many obstacles on the course to ratification.In an effort to win over the approval of the states, Alexander Hamilton, John Jay, and James Madison wrote a series of essays supporting the Constitution in The Federalists. Historically, supporters of the Constitution were known as federalists, and opponents were known as anti-federalists. Anti-federalists feared the stronger national government would turn into a tyranny. Still other opponents, like Richard Henry Lee, felt the Constitution lacked an assertion of individual and therefore called for the inclusion of a bill of rights. Pennsylvania was the first state to ratify the Constitution on December 12, 1787. Rhode Island was the last to ratify, waiting until May 29, 1790.