US Constitution US Constitution The Miracle of Philadelphia

US ConstitutionUS Constitution

The Miracle of PhiladelphiaThe Miracle of Philadelphia

The Historical BackgroundThe Historical Background

The Treaty of Paris in 1783 had The Treaty of Paris in 1783 had secured independence for the united secured independence for the united States and the territories to the States and the territories to the Mississippi.Mississippi.

The new nation was about to collapse The new nation was about to collapse by 1787.by 1787.

The Articles of Confederation weren’t The Articles of Confederation weren’t sufficient to govern the new countrysufficient to govern the new country

Issues with the ArticlesIssues with the Articles Financial problems – since the gov. had Financial problems – since the gov. had

no power to tax, it couldn’t pay back its no power to tax, it couldn’t pay back its war debts.war debts.

Rebellion – a group of farmers rallied Rebellion – a group of farmers rallied about Captain Shays because of high about Captain Shays because of high taxes, inflation and debt foreclosuretaxes, inflation and debt foreclosure

Inability of gov. to manage western Inability of gov. to manage western territoriesterritories

Fear of foreign conquest by Britain or Fear of foreign conquest by Britain or SpainSpain

The Conflicting BeliefsThe Conflicting Beliefs

Younger members of the revolution Younger members of the revolution now led a movement to change the now led a movement to change the ArticlesArticles

They proposed a stronger central They proposed a stronger central government.government.

This idea terrified lovers of liberty This idea terrified lovers of liberty such as Patrick Henry who fought such as Patrick Henry who fought Britain to forever abolish a national Britain to forever abolish a national sovereignty.sovereignty.

The QuestionThe Question

Could a government be formed which Could a government be formed which was strong enough to secure the was strong enough to secure the general welfare yet weak enough to general welfare yet weak enough to preserve the sovereignty of the states?preserve the sovereignty of the states?

To answer this question, the Founders To answer this question, the Founders looked to the lessons of history.looked to the lessons of history.

The only real historical examples were The only real historical examples were Greece and RomeGreece and Rome

The Lessons of HistoryThe Lessons of History

Power Corrupts, therefore power Power Corrupts, therefore power must be limited by a series of checksmust be limited by a series of checks

Excesses of democracy lead to Excesses of democracy lead to tyranny (many at the constitutional tyranny (many at the constitutional convention believed the problems of convention believed the problems of the young country were due to an the young country were due to an excess of democracy so the new excess of democracy so the new constitution was to be a bulwark constitution was to be a bulwark against democracy)against democracy)


Rome (as a Republic) rather than Rome (as a Republic) rather than Greece was the model for the foundersGreece was the model for the founders

Rome set forth the balanced powersRome set forth the balanced powers Roman Monarchy – the consuls gave us the Roman Monarchy – the consuls gave us the

executive, the presidentexecutive, the president Roman Assembly – the broad base of Roman Assembly – the broad base of

support, the democracy, gave us the House support, the democracy, gave us the House of popularly elected Representatives of popularly elected Representatives

Roman Senate – the aristocracy of very Roman Senate – the aristocracy of very capable individuals gave us the Senatecapable individuals gave us the Senate


England was also a model to the England was also a model to the foundersfounders

The English constitution, from Magna The English constitution, from Magna Charta to the English Bill of Rights set a Charta to the English Bill of Rights set a stage for personal liberty and balanced stage for personal liberty and balanced powerpower

Montesquieu’s Montesquieu’s Spirit of the LawsSpirit of the Laws argued argued that the best government is based on a that the best government is based on a balanced constitution and must have balanced constitution and must have political liberty as its central goal.political liberty as its central goal.


The state constitutions being written The state constitutions being written after the war of revolution also served as after the war of revolution also served as a model for the new national constitutiona model for the new national constitution

Almost all states had bicameral Almost all states had bicameral legislatureslegislatures

The states had separate judicial The states had separate judicial branchesbranches

In some states the supreme courts were In some states the supreme courts were already practicing judicial reviewalready practicing judicial review

Constitutional ConventionConstitutional Convention

55 delegates were selected and sent 55 delegates were selected and sent to Philadelphia (Rhode Island didn’t to Philadelphia (Rhode Island didn’t send anyone).send anyone).

The delegates were more The delegates were more conservative than the signers of the conservative than the signers of the DeclarationDeclaration

Only 6 people signed both the Only 6 people signed both the Declaration and the ConstitutionDeclaration and the Constitution


The delegates were men of property The delegates were men of property and frequently wealthy.and frequently wealthy.

They were the middle class landowners They were the middle class landowners which Aristotle had spoken ofwhich Aristotle had spoken of

Many were college educate (8 from Many were college educate (8 from Princeton) Princeton)

More than half were lawyers or judges. More than half were lawyers or judges. 21 had fought in the Revolution. 46 had 21 had fought in the Revolution. 46 had served in colonial or state legislatures. served in colonial or state legislatures.


They kept the proceedings of the They kept the proceedings of the convention quiet – no press releases or convention quiet – no press releases or leaksleaks

They exceeded their mandate of revising They exceeded their mandate of revising the Articles of Confederationthe Articles of Confederation

There was tension between the large and There was tension between the large and small states -> the great compromisesmall states -> the great compromise

Conflict over the issue of slaveryConflict over the issue of slavery 39 of the 55 signed the finished Constitution39 of the 55 signed the finished Constitution


South Carolina’s Pierce Butler said South Carolina’s Pierce Butler said “We must follow the example of “We must follow the example of Salon, who gave the Athenians not Salon, who gave the Athenians not the best government he could devise the best government he could devise but the best they would receive.” but the best they would receive.”


At first the group started to revise At first the group started to revise the Articles of Confederation but the Articles of Confederation but realized that a new government realized that a new government needed to be createdneeded to be created

Many plans were discussed but a Many plans were discussed but a central principle was becoming clear: central principle was becoming clear: three co-equal branches which three co-equal branches which balanced each otherbalanced each other


The New Jersey plan – preserved the The New Jersey plan – preserved the sovereignty of the individual statessovereignty of the individual states

He declared it “not safe” for Virginia He declared it “not safe” for Virginia to have 16 times as many legislators to have 16 times as many legislators as Delaware.as Delaware.

Two of the New York delegates Two of the New York delegates supported the New Jersey plansupported the New Jersey plan


The Virginia Plan – called for a strong The Virginia Plan – called for a strong central governmentcentral government

was written largely by James Madisonwas written largely by James Madison proposed two houses of legislature, proposed two houses of legislature,

both of proportional representationboth of proportional representation proposed a strong executiveproposed a strong executive


Alexander Hamilton presented a Alexander Hamilton presented a radical planradical plan

State sovereignty would deny State sovereignty would deny necessary power from the federal necessary power from the federal government.government.

Only a strong federal government Only a strong federal government could address the emergencies that could address the emergencies that faced the nation – no state or faced the nation – no state or federation of sovereign states could federation of sovereign states could address the emergencies address the emergencies


Alexander Hamilton’s PlanAlexander Hamilton’s Plan No state or federation could repel a No state or federation could repel a

determined foreign invasiondetermined foreign invasion A federal government can take many A federal government can take many

forms and thus meet needs over timeforms and thus meet needs over time Failing to build a central government Failing to build a central government

would end the mark the end of the would end the mark the end of the unionunion


Alexander Hamilton Proposed a Alexander Hamilton Proposed a government such thatgovernment such that

The executive served for life with The executive served for life with absolute veto powerabsolute veto power

The executive should be so strong The executive should be so strong that he will not desire more powerthat he will not desire more power

People tire of popular government and People tire of popular government and will not maintain the effort needed for will not maintain the effort needed for self governance and informed debateself governance and informed debate


James Madison then stood and talked James Madison then stood and talked about the lessons of Greece and the about the lessons of Greece and the degeneration of the confederation of degeneration of the confederation of independent sovereign cities states independent sovereign cities states into a competition and faction.into a competition and faction.

He pointed out the issues with the He pointed out the issues with the New Jersey plan and said that the New Jersey plan and said that the concern for state sovereignty was concern for state sovereignty was making the assembly fail in its taskmaking the assembly fail in its task


Madison presented a plan in between Madison presented a plan in between Hamilton’s quasi-monarchy and New Hamilton’s quasi-monarchy and New Jersey’s ensemble of independent Jersey’s ensemble of independent states.states.

His plan was plausible and led to His plan was plausible and led to adoption by the majorityadoption by the majority

There were still many arguments There were still many arguments over how things would work.over how things would work.


Things deadlocked to the point that Things deadlocked to the point that Dr. Franklin proposed a prayer Dr. Franklin proposed a prayer meetingmeeting

60 votes were taken to work out the 60 votes were taken to work out the electoral systemelectoral system

Gouverneur Morris wrote the Gouverneur Morris wrote the preamble and located the preamble and located the sovereignty in the “we the people.” sovereignty in the “we the people.”


At the final day of the convention, Dr. At the final day of the convention, Dr. Franklin offered his own reflection on Franklin offered his own reflection on the document now before them: “…the document now before them: “…On the whole, Sir, I can not help On the whole, Sir, I can not help expressing a wish that every member expressing a wish that every member who may still have objections to it, who may still have objections to it, would with me, on this occasion doubt would with me, on this occasion doubt a little of his own infallibility, and to a little of his own infallibility, and to make manifest our unanimity, put his make manifest our unanimity, put his name to this instrument.”name to this instrument.”

Principles of the ConstitutionPrinciples of the Constitution

The consent of the governedThe consent of the governed ““We the people” We the people” ““to promote the general welfare”to promote the general welfare” representative governmentrepresentative government direct election of the Representativesdirect election of the Representatives Ratification required by the statesRatification required by the states


The rule of lawThe rule of law No one is above the law, not the No one is above the law, not the

President nor a Senator nor a President nor a Senator nor a Representative nor a Judge, nor any Representative nor a Judge, nor any other person.other person.

The constitution is the supreme law of The constitution is the supreme law of the landthe land

The Judiciary has power in all matters of The Judiciary has power in all matters of lawlaw


The tenets of Federalism – the The tenets of Federalism – the confederations of Greece had been to confederations of Greece had been to weak while those of the Holy Roman weak while those of the Holy Roman empire were an obstacle to unity.empire were an obstacle to unity. States gave up essential aspects of States gave up essential aspects of

sovereignty, such as army and coining sovereignty, such as army and coining moneymoney

States are given intrinsic role in selecting States are given intrinsic role in selecting electors and Senatorselectors and Senators

National government is superior to state onesNational government is superior to state ones


Separation of Powers: legislative, Separation of Powers: legislative, executive, judicialexecutive, judicial Some blending occurs Some blending occurs Vice President is tie breaker in SenateVice President is tie breaker in Senate Senate has power of impeachmentSenate has power of impeachment Executive selects judgesExecutive selects judges


The principle of changeThe principle of change New states can be admitted on equal New states can be admitted on equal

termsterms The US would be a commonwealth The US would be a commonwealth

rather than an empirerather than an empire The Constitution can be amended The Constitution can be amended

allowing for adaptability in new times allowing for adaptability in new times and circumstancesand circumstances

The Powerful LegislatureThe Powerful Legislature

Congress holds tremendous power to Congress holds tremendous power to make “all laws necessary and make “all laws necessary and proper” for executing its stated proper” for executing its stated powers.powers.

Congress controls funding and can Congress controls funding and can override a presidential vetooverride a presidential veto

The only check on the legislature is The only check on the legislature is the power of judicial reviewthe power of judicial review

The Powerful JudiciaryThe Powerful Judiciary

When it comes down to it, the core When it comes down to it, the core power of the Constitution is granted power of the Constitution is granted to a small group of people who serve to a small group of people who serve for life – an Aristocracy.for life – an Aristocracy.

The judiciary can strike down any The judiciary can strike down any legislative act except an amendment legislative act except an amendment to the Constitution itself.to the Constitution itself.

Anti-FederalistsAnti-Federalists

Argued that a powerful central Argued that a powerful central government is a threat to the liberty won government is a threat to the liberty won by the Revolutionby the Revolution

Liberty is best protected in small republicsLiberty is best protected in small republics A strong Constitution will create a A strong Constitution will create a

standing army, a national capital and an standing army, a national capital and an huge bureaucracy which will suck up huge bureaucracy which will suck up taxes which Congress can require with no taxes which Congress can require with no limitslimits

There is no Bill of RightsThere is no Bill of Rights

Documents

US Constitution US Constitution The Miracle of Philadelphia