01:512:104 Lecture Notes - Lecture 6: Edmund Randolph, Legislature Iv Of Italy, Grand Committee
13 May 2018
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Chapter 06 - The Constitution and The New Republic
1)Framing A New Government
a)Advocates of Centralization
i)Confederation had averted the danger of remote and tyrannical authority, but
during 1780s powerful groups began to want a national govt capable of
dealing with nation’s problems- mainly economic that affected themselves
ii)Artisans wanted a single high national duty, merchants wanted a single,
national commercial policy, people owed money wanted states to stop issuing
paper money and causing inflation, land owners wanted protection from mobs
iii)Reformers led by Alexander Hamilton called for convention. Inter-state
conference on trade held in MA advised congress to call a convention to
“render the constitution… adequate to the exigencies of the union” in 1786
iv)George Washington’s support of new convention in Philadelphia 1787 gave
it credibility, feared disorders like Shay’s Rebellion spreading
b)A Divided Convention
i)55 delegates from all but RI, mainly young, educated, and propertied
ii)Washington chosen as presiding officer, sessions closed to public and press
iii)VA delegation led by James Madison, had plan drafted. Edmund Randolph
proposed a new nat’t govt with executive, judiciary, legislature
iv)VA Plan called for 2 house legislature w/ lower house based on population
and upper house elected by lower house
v)Proposal opposed by Delaware, NJ, other small states. Proposal by William
Paterson of NJ would reform Confederation + give it power to tax. Tabled, VA
Plan remained basis for discussion
vi)VA Plan supporters realized concessions to small states needed for
agreement, conceded upper house be elected by state legislatures, each
state at least 1 rep
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vii)Questions of equal rep in upper house, of slaves counted in states
population but feared would be taxed if states taxed based on population
c)Compromise
i)In July grand committee established with Franklin as head, produced basis
of “Great Compromise” where lower house would be based on populating with
each slave counted as 3/5 o of a person in representation and direct taxation,
in upper house each state had 2 reps- July 16, 1787 compromise accepted
ii)Reps agreed legislature forbidden to tax exports b/c of Southern fear of
interfering with cotton economy, slave trade couldn’t be stopped for 20 years
iii)Constitution provided no definition of citizenship, absence of list of individual
rights that would restrain powers of nat’l govt
d)The Constitution of 1787
i)James Madison created VA Plan, helped resolve question of sovereignty and
of limiting power
ii)Sovereignty at all levels, nat’l and state, came from people. States and nat’l
govt both had sovereignty from ppl and therefore Constitution could distribute
powers btwn federal govt and states- but Constitution was “supreme law”
iii)Federal govt had power to tax, regulate commerce, control currency, pass
laws
iv)Leaders frightened of creating a tyrannical govt, believed small nation
needed to stop corruption. Madison convinced others that large nation would
produce less tyranny b/c many factions would check one from being too
powerful
v)Separation of powers + checks and balances forced branches to compete,
federal structure divided power btwn states and nation
vi)Fear of despotism, but also fear of the “mob” and “excess of democracy”,
only House of Reps elected directly by ppl.
vii)Constitution signed on September 17, 1787
e)Federalists and Antifederalists
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i)Delegates decided that Constitution would come into existence when 9 of 13
states had ratified it thru conventions instead of unanimous state legislature
approval required by Articles
ii)Supporters of Const well organized, supported by Washington and Franklin,
called themselves Federalists. Had best political philosophers in Alexander
Hamilton, James Madison, John Jay. Wrote Federalist Papers arguing for
Const under pseudonym Publius
iii)Antifederalists believed Const would betray principles of Revolution by
establish a strong, potentially tyrannical central govt that would increase
taxies, obliterate states, favor the “well born”.
(1)Biggest complaint was that Const lacked a bill of rights, any govt with
central authority could not be trusted to protect citizens’ liberties, therefore
natural rights had to be enumerated in order to be preserved
iv) Federalists feared disorder, anarchy, power of masses, Antifederalists
feared the state more than they did the ppl, feared concentrated power
v)Delaware first to ratify, New Hampshire 9th state in June 1788. New govt
could not flourish w/o participation of VA and NY. VA, NY, MA ratified on
assumption that bill of rights would be added
f)Completing the Structure
i)First elections took place 1789, George Washington elected first president
unanimously, John Adams became VP- inauguration April 30, 1789
ii)First Congress passed bill of rights 1789, 10 ratified by states by end of
1791. Nine forbid Congress from infringing basic rights, 10th reserved powers
to states unless specifically withheld from them or delegated to fed govt
iii)Judiciary Act of 1789 created 6 member Supreme court, 13 district courts, 3
courts of appeal, Sup Court had final decision in constitutionality of state laws
iv)Congress created departments of executive- State led by Jefferson,
Treasury by Hamilton, War by Henry Knox, attorney general Edmund
Randolph
2)Federalists and Republicans
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Document Summary
Chapter 06 - the constitution and the new republic. Inter-state conference on trade held in ma advised congress to call a convention to. Edmund randolph proposed a new nat"t govt with executive, judiciary, legislature iv)va plan called for 2 house legislature w/ lower house based on population and upper house elected by lower house v)proposal opposed by delaware, nj, other small states. Paterson of nj would reform confederation + give it power to tax. New govt could not flourish w/o participation of va and ny. Treasury by hamilton, war by henry knox, attorney general edmund. 2)federalists and republicans a)hamilton and the federalists i)federalists dominated govt for 12 years under leadership of treasurer. Hamilton won out and current bondholders paid ii)hamilton faced stiffer opposition to fed"l assumption of state debts b/c ppl of states with few debts (such as va) would pay taxes to service large debts of other states (like ma).
