Topic 3.8 Notes – The Constitutional Convention and Debates over Ratification

Why the Constitution Replaced the Articles

The Articles had helped win independence, but they were bad at governing. Congress could not tax, regulate commerce, enforce laws, or deal well with unrest. Shays’ Rebellion made elites fear the republic might fall apart.

That pushed leaders from fixing small problems to rethinking the whole system.

• Mount Vernon Conference (1785) brought Virginia and Maryland together over trade and navigation on the Potomac.
• Annapolis Convention (1786) was supposed to deal with commerce, but only five states showed up. Instead, delegates called for a bigger meeting.
• Philadelphia Convention (1787) was officially called to revise the Articles. Once delegates met, they decided the Articles were too broken to patch.

Convention basics

• Met May to September 1787 in Philadelphia.
• 55 delegates attended from 12 states. Rhode Island stayed away.
• George Washington presided, which gave the meeting legitimacy.
• James Madison was the key architect and major note-taker.
• Other major delegates included Benjamin Franklin, Alexander Hamilton, Gouverneur Morris, George Mason, Roger Sherman, Edmund Randolph, and William Paterson.
• Debates were held in secret, so delegates could change positions freely.
• The Constitution was signed on September 17, 1787 by 39 delegates.
• Important non-signers still present were George Mason, Elbridge Gerry, and Edmund Randolph.

The Major Compromises at the Convention

The delegates agreed the country needed a stronger government. They disagreed on how strong, who it should represent, and how slavery fit into it.

Representation in Congress

The Great Compromise mattered because it created a mixed system. The House represented people. The Senate represented states.

How much democracy

The framers believed in popular sovereignty, but they did not trust direct democracy very much.

• Only the House of Representatives was directly elected by voters.
• Senators were originally chosen by state legislatures.
• Judges were appointed.
• They feared faction, instability, and sudden “popular passion.”

The presidency and Electoral College

Delegates wanted an executive strong enough to lead, but not a king. The Electoral College was the compromise.

• Each state got electors equal to its representatives + senators.
• This balanced national and state influence.
• It also reflected distrust of direct election and helped keep the president somewhat independent from Congress.

Slavery and sectional compromise

• Three-Fifths Compromise counted 3/5 of enslaved people for House representation and direct taxation. This gave the South more political power, even though enslaved people had no rights.
• Slave trade compromise said Congress could not ban the international slave trade before 1808. Congress later passed the Act Prohibiting Importation of Slaves (1807), effective 1808.
• Fugitive slave clause required escaped enslaved people to be returned.
• Commerce compromise gave Congress power over interstate and foreign commerce, but no tax on exports. That protected Southern plantation interests.

Federalists and Anti-Federalists

Once the Constitution was written, the fight shifted from writing it to selling it.

Federalists

Federalists supported ratification.

• Major figures were Alexander Hamilton, James Madison, John Jay, George Washington, and Benjamin Franklin.
• They argued that liberty needed an effective national government.
• They wanted stronger power to tax, regulate commerce, handle foreign policy, and provide defense.
• They said separation of powers and federalism would prevent tyranny.
• Madison argued a large republic could control factions better than a small one.
• They said the Constitution gave enumerated powers, not unlimited power.

Anti-Federalists

Anti-Federalists feared the new government would become too powerful unless changed.

• Major figures were Patrick Henry, George Mason, Richard Henry Lee, and Mercy Otis Warren.
• Key pseudonyms were Brutus, Cato, and Federal Farmer.
• They feared the supremacy clause, taxing power, a standing army, powerful federal courts, and a president who could act like a monarch.
• They also thought the House was too small to represent ordinary people well.
• Their biggest complaint was the lack of a bill of rights protecting speech, religion, press, jury trial, and due process.

The Federalist Papers

The Federalist Papers were 85 essays by Hamilton, Madison, and Jay under the name “Publius.”

• Federalist No. 10 argues faction is unavoidable, so a large republic helps control it.
• Federalist No. 51 explains checks and balances. “If men were angels...”
• Federalist No. 70 defends a strong single executive.
• Brutus directly disagreed, saying a large republic would weaken true representation.

Ratification and the Bill of Rights

The Constitution would take effect after 9 states ratified it through state conventions, not state legislatures.

1. Delaware ratified first.
2. New Hampshire became the ninth state in June 1788.
3. Virginia and New York were crucial because they were large and influential.
4. North Carolina and Rhode Island ratified later.

The Massachusetts Compromise helped break the deadlock. Federalists agreed to ratify first and recommend amendments later. That formula helped in Massachusetts, then Virginia and New York.

To secure support, Federalists promised a Bill of Rights. James Madison introduced amendments in the First Congress. Ten amendments were ratified in 1791.

They protected:

• religion, speech, press, assembly
• due process
• jury trial

The Tenth Amendment reserved undelegated powers to the states or the people.