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Constitutional Foundations and Debates

Jun 30, 2025

Overview

This lecture covers the weaknesses of the Articles of Confederation, the events leading to the Constitutional Convention, the debates and compromises at the convention, and the Constitution's ratification process.

Problems Under the Articles of Confederation

  • The Articles created a weak central government with only a single legislative branch—no executive or judiciary.
  • Congress had no power to tax; it could only request money from states, which often ignored these requests.
  • States could set their own trade, tax, and currency policies, causing economic chaos and disputes.
  • Congress could not enforce its decisions or settle disputes between states effectively.
  • British and Spanish forces violated treaties and threatened U.S. interests; Congress lacked resources to respond.
  • Inflation and lack of uniform currency undermined economic stability.

Notable Events and Attempts at Reform

  • The Northwest Ordinance set rules for admitting new states, required republican government, and banned slavery in the Northwest Territory.
  • Attempts to amend the Articles to allow federal taxation failed due to the requirement for unanimous consent.
  • Shays’ Rebellion in Massachusetts (1786) exposed the inability of Congress to maintain order, alarming many leaders.
  • The Mount Vernon Compact (1785) showed cooperation between states and inspired broader efforts.

The Constitutional Convention

  • Held in Philadelphia, May–September 1787, with delegates from 12 states (not Rhode Island).
  • George Washington presided; debates were held in secret to allow open discussion.
  • James Madison (Virginia) was a key figure, arriving early and preparing extensively.

Major Plans and Compromises

  • The Virginia Plan proposed a bicameral legislature with representation based on population.
  • The New Jersey Plan favored equal representation for all states.
  • The Great Compromise established the House of Representatives (by population) and Senate (equal per state).
  • Compromises on slavery included the Fugitive Slave Clause, postponement of banning the slave trade until 1808, and the Three-Fifths Compromise for counting slaves toward representation.
  • Decision to create a single executive (President), largely influenced by trust in Washington.

Features of the New Constitution

  • Created a stronger federal government with legislative, executive (President), and judicial branches.
  • States lost the power to make treaties, coin money, or impose individual tariffs.
  • The President would be chosen by an electoral college, not direct popular vote.
  • Federal judges given lifetime appointments (with good behavior).
  • Congress granted powers like taxation, regulating commerce, coining money, and declaring war.
  • The “elastic clause” (Necessary and Proper Clause) allowed Congress to make laws needed to execute its powers.
  • Amendments required two-thirds of Congress and three-fourths of states, making change possible but not easy.

Ratification and the Bill of Rights

  • Constitution required ratification by nine states to take effect.
  • Federalists supported the new Constitution; Anti-Federalists opposed, fearing loss of state power and lacking a Bill of Rights.
  • Several key states narrowly ratified after promises to add a Bill of Rights.
  • James Madison fulfilled the promise by introducing the Bill of Rights as the first order of business.

Key Terms & Definitions

  • Articles of Confederation — America's first constitution, creating a weak alliance of states with little central power.
  • Northwest Ordinance — Law setting out the process for admitting new states and banning slavery in the Northwest.
  • Shays’ Rebellion — 1786 uprising by Massachusetts farmers highlighting the weaknesses of the central government.
  • Virginia Plan — Proposal for a bicameral (two-house) legislature based on population.
  • New Jersey Plan — Proposal for equal state representation in Congress.
  • Great Compromise — Agreement for a bicameral legislature: House (population) and Senate (equal).
  • Three-Fifths Compromise — Formula for counting enslaved people as 3/5 of a person for representation and taxation.
  • Electoral College — Body that formally elects the president, with electors chosen by each state.
  • Elastic Clause — Gives Congress the power to make all laws necessary and proper to carry out its duties.
  • Federalist — Supporters of the new Constitution.
  • Anti-Federalist — Opponents of the new Constitution demanding a Bill of Rights.

Action Items / Next Steps

  • Review the enumerated powers of Congress in the Constitution.
  • Be familiar with the main compromises made at the Constitutional Convention.
  • Prepare for questions on the weaknesses of the Articles of Confederation and the ratification debate.