Nation Building and the Constitution
The Federalists and the Anti-Federalists
A conservative shift
In every modern revolution, people tire of chaos and look for peace and security
Take measures to consolidate and protect gains
This is known as a Thermidorian reaction, after a period in the French Revolution
Radicalism of the Revolution
Revolution had implied, at least, an attack on aristocracy, a high degree of individual liberty, and highly restricted government
Indeed, the old patrimonial system broke down quickly after the Revolution
But this also gave us the very weak government of the Articles of Confederation
Thus there was a growing sentiment for the need for a stronger government
Articles government unable to settle disputes between states
In particular, Virginia and Maryland in dispute over navigation on Potomac
Congress recommended that a convention be held in Philadelphia in May, 1787 to devise methods to correct defects in the Articles
Was to meet for sole purpose of revising Articles of Confederation
Wound up tossing them out altogether and writing new Constitution
Shay's Rebellion, 1786
Farmers in western Massachusetts, upset because of debt, high interest rates, high taxes
Felt state government didn't help them but only helped creditors in the east
Under Daniel Shay, a rebellion broke out, at one point seizing a national arsenal
Congress had no funds to raise an army -- rebellion defeated by army paid for by wealth Bostonians
Many elites in various states realized a stronger government was needed to preserve law and order
The Constitutional Convention
55 delegates
Largely from upper and middle classes
Some major figures not there - Jefferson, Sam and John Adams, Patrick Henry
Ranged in age from 26 to 81 (Franklin was the oldest)
25 lawyers, 13 college graduates, 41 members of Continental Congress, 8 judges, 14 speculators, four governors, 8 signers of Declaration, 5 college professors, 13 businessmen
Most important
George Washington - most popular man in America
Franklin
James Madison - kept only diary of event
Alexander Hamilton - more important promoting after Convention
Held in secrecy - no one outside of convention knew what was happening
Major issues
State power in Congress
Virginia Plan (from James Madison)
Two houses, representation based on populations
favored by large states
also raised issue of how slaves should be counted, if at all
New Jersey Plan (from William Patterson)
One house, one vote for each state
The Great Compromise - two houses
Senate - two votes for each state, selected by state legislatures
House of Representatives - elected by people based on populations
number of delegates would depend on size of population
slaves would be counted as 3/5 of a person for purposes of determining number of delegates
slaves would also be counted as 3/5 of a person for purposes of assessing taxes on states
Popular vs. Elite Power
Many delegates feared the mob, others felt Revolution required popular democracy
End result favored elite power
No universal requirement for popular voting
Senate not elected by people but by legislatures
Electoral college mediated popular vote in Presidential elections
Slavery
The split at the Convention prefigured the sectional spilt of the coming years
Some Northerners wanted to ban slavery outright
Most Northerners wanted to ban the slave trade
Southern delegates threatened to leave if slavery tampered with
The eventual compromise
Congress would not interfere with slave trade till 1808
The 3/5 rule
The fugitive slave clause
Deemed necessary to maintain the union
National power
State power secondary to national power
National government given power to tax, raise militias, etc.
Creation of a strong executive, with power to veto and appoint judges
Ratifying the Constitution
Federalists
Advocates of the Constitution
Name connected to the Federalist Papers
Newspaper articles supporting the Constitution
Authors James Madison and Alexander Hamilton (also John Jay)
Federalists generally were merchants, lawyers, speculators, plantation owners
Main ideas
A more centralized government was needed for internal and external strength
Needed for protection, and for law and order
Necessary for growth and development
Constitution not perfect, but better than Articles
Anti-Federalists
Led by Patrick Henry, Sam Adams, Richard Henry Lee
Appealed mainly to small farmers, debtors, frontiersmen
Believed 13 states too much for one government to handle
Feared smaller states would be dominated by larger ones
Believed voice of people would be greater under Articles
Feared Washington would become King and Congress like Parliament
Key argument - no protection of individual liberties
The Campaign
Both sides used extensive propaganda
Federalists were better at it - Hamilton, Madison, and Jay's articles
Federalists also better organized and united in their cause
Federalists had key political positions in most states, giving them an advantage
However, the majority of the people were anti-Federalists
Under universal suffrage, the Constitution would have been defeated
Getting the votes
Framers of Constitution broke with past, called for only 2/3 of states (9) to ratify
Delaware was first, followed by Pennsylvania, NJ, Georgia, Conn.
Massachusetts
definite majority of ratifying convention against
Federalists agree to a Bill of Rights
This tips the balance (gets Sam Adams support)
Governor John Hancock promised Vice-Presidency if he supported it
Rhode Island
had not participated in Constitutional Convention
Put Constitution to a general vote (no other state did this)
Federalists called vote illegal, boycotted
Constitution defeated
Maryland and South Carolina passed it
Number 9 - New Hampshire
close vote (57 to 46)
agreement to amend Constitution for individual liberties was key
Theoretically, Constitution is ratified, but what about Virginia and New York?
Virginia
Constitution gone over word by word - only here was its strengths and weaknesses revealed
Anti-Federalists strong - Patrick Henry, James Monroe, Richard H. Lee
Important Federalists - James Madison, John Marshall
Henry called the Constitution undemocratic
Gov. Randolph promised the Vice-Presidency if he supported it
Federalists promise 20 amendments and a Bill of Rights
Passed 89 to 79
New York
Anti-Federalists strong, but Federalists had Hamilton and Jay
Only ratifying convention that had universal male suffrage
Hamilton points out weak position NY will have if it doesn't approve
Passes 30 to 27; Federalists promise 32 amendments
North Carolina makes 12
Big argument - proposed almost 50 amendments
Passes 195 to 77
Constitution goes into effect March 4, 1789
Rhode Island still hasn't approved it
Threatened with boycott
Finally ratifies it with a constitutional convention - 34 to 32