2     Creating the                                                                      TERMS & NAMES
Constitutional
                                                                                         Convention
      Constitution                                                                      James Madison
                                                                                        Virginia Plan
                                                                                        New Jersey Plan
                                                                                        Great Compromise
      MAIN IDEA                                 WHY IT MATTERS NOW                      Three-Fifths
                                                                                         Compromise
      The states sent delegates to a            The Constitutional Convention
      convention to solve the problems of       formed the plan of government that
      the Articles of Confederation.            the United States still has today.
      ONE AMERICAN’S STORY
      On the afternoon of May 15, 1787, Edmund Randolph, the
      young governor of Virginia, arrived in Philadelphia for the
      Constitutional Convention. The young nation faced violence
      and lawlessness, as Shays’s Rebellion had shown. And now
      delegates from throughout the states were coming to
      Philadelphia to discuss reforming the government.
         Randolph knew the serious task he and the other
      delegates were about to undertake. Early in the convention,
      Randolph rose to speak. He looked squarely at the delegates
      and reminded them of their grave responsibility.
       A V O I C E F R O M T H E PA S T
                                                                                              Edmund
       Let us not be afraid to view with a steady eye the [dangers]                           Randolph (left)
       with which we are surrounded. . . . Are we not on the eve                              and the other
       of [a civil] war, which is only to be prevented by the hopes                           delegates
       from this convention?                                                                  gathered in the
       Edmund Randolph, quoted in Edmund Randolph: A Biography                                Pennsylvania
                                                                                              State House
                                                                                              (above) to discuss
         Over the next four months, the delegates debated how best to                         creating a new
      keep the United States from falling apart. In this section, you will read               government for
                                                                                              the United States.
      about the Convention of 1787 and the creation of the U.S. Constitution.
                  A Constitutional Convention Is Called
                  In 1786, a series of events began that would eventually lead to a new
                  form of government for the United States. In September of that year,
                  delegates from five states met in Annapolis, Maryland, to discuss ways to
                  promote trade among their states. At the time, most states placed high
                  taxes on goods from other states. The delegates believed that creating
                  national trade laws would help the economies of all the states.
                     Making such changes required amending the Articles of Confederation,
                  because the national government had been granted no power to regulate
                  trade among the states. The Annapolis delegates, led by Alexander
                  Hamilton of New York, called for the states to send representatives to
212   CHAPTER 8
                     Philadelphia the following May to discuss such changes.
                        At first, many Americans doubted that the national
                     government needed strengthening. But news of Shays’s
                     Rebellion in late 1786 and early 1787 quickly changed         INDEPENDENCE HALL
                                                                                   The Pennsylvania State House,
                     many people’s minds. Fearing that rebellion might             where the Constitutional
                     spread, 12 states sent delegates to the meeting in            Convention took place, is now
                     Philadelphia in the summer of 1787. Only Rhode                called Independence Hall. It is
                                                                                   protected as part of a national
Background           Island refused to participate.
                                                                                   park in Philadelphia.
Rhode Island did
                                                                                      The State House itself was the
not send dele-
gates because it
                     The Convention’s Delegates                                    site where George Washington
                                                                                   received his commission to lead
feared that a        The 55 delegates to the Constitutional Convention, as
                                                                                   the Continental Army and where
strong national      the Philadelphia meeting became known, were a very            the Declaration of Independence
government
would force
                     impressive group. About half were lawyers. Others were        was signed. The Liberty Bell is
                     planters, merchants, and doctors. Three-fourths of them       nearby. Many visitors
people to repay
                                                                                   come to Philadelphia
the war debts on     had been representatives in the Continental Congress.         to stand in the
difficult terms.
                     Many had been members of their state legislatures and         building where
                     had helped write their state constitutions. Along with        much of America’s
                                                                                   early history as a
                     other leaders of the time, these delegates are called the     nation was made.
                     Founders, or Founding Fathers, of the United States.
                        America’s most famous men were at the Con-
                     stitutional Convention. George Washington, the hero
                     of the Revolution, came out of retirement for the
                     meeting. Benjamin Franklin, the famous scientist and
                     statesman, lent his wit and wisdom to the convention.
                     One of the ablest delegates was James Madison.
A. Evaluating        Madison had read more than a hundred books on gov-
How well do the      ernment in preparation for the meeting. When
characteristics of   Thomas Jefferson, serving as ambassador to France,
the Founders
serve as models      read the list of delegates, he wrote, “It is really an
of civic virtue?     assembly of demigods.”
A. Possible             Not everyone was at the Constitutional Convention. Thomas
Response
They provide an
                     Jefferson and John Adams were overseas at their diplomatic posts. But
excellent model      they wrote home to encourage the delegates. Others had a less positive
of civic virtue      outlook on the convention. For example, Patrick Henry, who had been
because they
were educated,
                     elected as a delegate from Virginia, refused to attend. He said he
well-informed,       “smelled a rat in Philadelphia, tending toward monarchy.”
and actively par-       Also, the convention did not reflect the diverse U.S. population of the
ticipated in
government.
                     1780s. There were no Native Americans, African Americans, or women
                     among the delegates. The nation’s early leaders did not consider these
                     groups of people to be citizens and did not invite any of them to attend.
                     However, the framework of government the Founders established is the
                     very one that would eventually provide full rights and responsibilities to
                     all Americans.
                     The Delegates Assemble
                     Most of the delegates arrived at the Constitutional Convention without
                     a clear idea of what to expect. Some thought they would only draft
                                                                                  Confederation to Constitution 213
                                     amendments to the Articles of Confederation. Others
                                     thought they would design an entirely new plan for the
                                     government. But they all agreed that the government
                                     should protect people’s rights.
                                       Back in 1776, many Americans thought that govern-
                                     ment was the main threat to people’s rights. But by
                                     1787, many realized that the people often came into
                                     conflict and needed a government that could maintain           B. Possible
                                     order. As a result, the government had to be strong            Responses The
                                                                                                    problem is in
                                     enough to protect people’s rights but not too strong to        framing a govern-
                                     be controlled. Madison later wrote about this problem.         ment that can
                                                                                                    control itself
                                     A V O I C E F R O M T H E PA S T                               as well as the
                                                                                                    governed.
 JAMES MADISON                       If men were angels, no government would be necessary. If
 1751–1836                           angels were to govern men, neither external nor internal       B. Using Primary
 James Madison was a short, soft-    controls on government would be necessary. In framing a        Sources
 spoken man, but he may have         government which is to be administered by men over men,        According to
 made the greatest contribution      the great difficulty lies in this: you must first enable the   Madison, what is
 of any of the Founders at the       government to control the governed; and in the next place      the central prob-
 Constitutional Convention. He       oblige it [the government] to control itself.                  lem in framing a
 took thorough notes of the con-     James Madison, The Federalist “Number 51”                      government?
 vention’s proceedings. His notes
 are the most detailed picture we
 have of the debates and drama          This was the challenge that faced the delegates:
 of the convention.                  how to set up a strong but limited federal government.
    But Madison did not just
 observe the convention. He was      By May 25, 1787, at least two delegates from each
                                     of seven states had arrived in Philadelphia. With 29           C. Possible
 perhaps the most important par-
                                                                                                    Responses Some
 ticipant. One of the other dele-    delegates in attendance, the convention was officially         students might
 gates called him “the best
 informed Man of any point in
                                     under way.                                                     agree because the
                                                                                                    delegates might
 debate.” Madison was so impor-
 tant that he earned the title       The Convention Begins                                          not have felt free
                                                                                                    to have an honest
 “Father of the Constitution.”
                                      The first order of business was to elect a president for      debate without
 How did Madison contribute
 to the Constitutional
                                      the convention. Robert Morris of Pennsylvania nomi-           secrecy. Others
                                                                                                    might disagree
 Convention?                          nated George Washington. No American was more                 because they
                                      respected or admired than Washington. Every delegate          believe people
                                      voted for him. Washington’s quiet and dignified leader-       should have had
                                                                                                    the right to know
                    ship set a solemn and serious tone for the convention.                          what the dele-
                       At their next meeting, the delegates decided on the rules for the con-       gates were doing.
                    vention. They wanted to be able to consider all ideas and to be able to
                                                                                                    C. Making
                    change sides in any debate. They did not want to be pressured by the
                                                                                                    Decisions Do you
                    politics of the day. For these reasons, they decided that their discussions     agree with the
                    would remain secret. To ensure privacy, the windows in their meeting            Founders’ deci-
                    room were kept shut even though it was summer. Guards were posted               sion to keep the
                                                                                                    convention
                    outside the door. Whenever the door was opened, the delegates stopped           secret? Why or
                    talking. With the secrecy rule approved, they got down to business.             why not?
                    The Virginia Plan
                    On May 29, the delegates began the real work of designing a new
                    national government. Presiding over the convention, George Washington
214   CHAPTER 8
                                                                                                       The delegates at
                                                                                                       the Constitutional
                                                                                                       Convention
                                                                                                       debated the
                                                                                                       Constitution
                                                                                                       intensely.
                     recognized Edmund Randolph as the first speaker. Randolph offered a
                     plan for a whole new government. The plan became known as the
                     Virginia Plan. Madison, Randolph, and the other Virginia delegates had
                     drawn up the plan while they waited for the convention to open.
                        The Virginia Plan proposed a government that would
                     have three branches. The first branch of government was the
                     legislature, which made the laws. The second branch was the “If men were
                     executive, which enforced the laws. The third branch was the      angels, no
                     judiciary, which interpreted the laws.
                        The Virginia Plan proposed a legislature with two houses.
                                                                                       government
                     In both houses, the number of representatives from each           would be
                     state would be based on the state’s population or its wealth.     necessary.”
                     The legislature would have the power to levy taxes, regulate              James Madison
D. Summarizing
What was the         commerce, and make laws “in all cases where the separate
Virginia Plan?       states are incompetent [unable].”
D. Answer It was        The Virginia Plan led to weeks of debate. Because they had larger
the plan for the
legislature
                     populations, larger states supported the plan. It would give them greater
offered by the       representation in the legislature. The smaller states opposed this plan.
Virginia delegates   They worried that the larger states would end up ruling the others.
to the conven-
tion. It proposed
                     Delaware delegate John Dickinson voiced the concerns of the small states.
a legislature with
two houses with       A V O I C E F R O M T H E PA S T
representation        Some of the members from the small states wish for two branches in the
based on popula-      general legislature and are friends to a good [strong] national government;
tion or wealth.       but we would sooner submit [give in] to a foreign power than submit to
                      be deprived, in both branches of the legislature, of an equal suffrage [vote],
                      and thereby be thrown under the domination of the larger states.
                      John Dickinson, quoted in Mr. Madison’s Constitution
                     The Great Compromise
                     In response to the Virginia Plan, New Jersey delegate William Paterson
                     presented an alternative on June 15. The New Jersey Plan called for a
                     legislature with only one house. In it, each state would have one vote.
                     In providing equal representation to each state, the New Jersey Plan
                     was similar to the Articles of Confederation.
                        Even though the New Jersey Plan gave the legislature the power to
                     regulate trade and to raise money by taxing foreign goods, it did not
                     offer the broad powers proposed by the Virginia Plan. The delegates
                                                                                       Confederation to Constitution 215
  The Great Compromise
      VIRGINIA PLAN
  ●   The legislative branch would have two houses.
                                                                               ●   The Senate would
                                                                                   give each state equal
  ●   Both houses in the legislature would assign                                  representation.
      representatives according to state population
      or wealth.                                           THE GREAT           The legislature would have
                                                          COMPROMISE           two houses.
      NEW JERSEY PLAN                                                          ●   The House of Representatives
  ●   The legislature would have one house.                                        would have representation
                                                                                   according to state population.
  ●   Each state would have one vote in the
      legislature.
                      SKILLBUILDER Interpreting Charts
                      1. Which plan appealed more to the small states?
                      2. Did the Great Compromise include more of what the large
                         states wanted or more of what the small states wanted?
Skillbuilder
Answers               voted on these two plans on June 19. The Virginia Plan won and became
1. the New Jersey
                      the framework for drafting the Constitution.
Plan
2. Possible              During the rest of June, the delegates argued over representation in the
Response It           legislature. Emotions ran high as the delegates struggled for a solution.
included more of      In desperation, the delegates selected a committee to work out a com-
what the large
states wanted         promise in early July. The committee offered the Great Compromise.                      Background
because there were    (Some people also refer to it as the Connecticut Compromise.)                           Roger Sherman of
                                                                                                              Connecticut is
two houses in the        To satisfy the smaller states, each state would have an equal number                 widely credited
legislature, one of
which had repre-
                      of votes in the Senate. To satisfy the larger states, the committee set                 with proposing
sentation by popu-    representation in the House of Representatives according to state pop-                  the Great
                                                                                                              Compromise.
lation.               ulations. More than a week of arguing followed the introduction of the
                      plan, but on July 16, 1787, the convention passed it.
                      Slavery and the Constitution
                      Because representation in the House of Representatives would be based
                      on the population of each state, the delegates had to decide who would
                      be counted in that population. The Southern states had many more
                      slaves than the Northern states. Southerners wanted the slaves to be
                      counted as part of the general population for representation but not for
                      taxation. Northerners argued that slaves were not citizens and should
                      not be counted for representation but should be counted for taxation.
                         On this issue, the delegates reached another compromise, known as
                      the Three-Fifths Compromise. Under this compromise, three-fifths of
                      the slave population would be counted when setting direct taxes on the
                      states. This three-fifths ratio also would be used to determine represen-
                      tation in the legislature.
                         The delegates had another heated debate about the slave trade.
                      Slavery had already been outlawed in several Northern states. All of the
                      Northern states and several of the Southern states had banned the
216     CHAPTER 8
                    importation of slaves. Many Northerners wanted to see
E. Forming and      this ban extended to the rest of the nation. But
Supporting
                    Southern slaveholders strongly disagreed. The delegates
Opinions Did the                                                                         PRESERVING THE
delegates do the    from South Carolina and Georgia stated that they                     CONSTITUTION
right thing in      would never accept any plan “unless their right to                   The National Archives is
agreeing to the                                                                          responsible for preserving the
                    import slaves be untouched.” Again, the delegates set-
Three-Fifths                                                                             200-year-old sheets of parch-
Compromise?         tled on a compromise. On August 29, they agreed that                 ment on which the original
Explain.            Congress could not ban the slave trade until 1808.                   Constitution was first written.
E. Possible                                                                                 The Archives stores the
Responses Some
might say no,
                    Regulating Trade                                                     document in an airtight glass
                                                                                         case enclosed in a 55-ton vault
because the         Aside from delaying any ban on the slave trade, the                  of steel and concrete. Every
Founders should     Constitution placed few limits on Congress’s power “to               few years, scientists examine
have abolished                                                                           the pages with the latest
slavery. Others
                    regulate commerce with foreign nations, and among the                technology. For the last exami-
might say yes,      several states, and with the Indian tribes.” Most dele-              nation in 1995, they used
because otherwise   gates were glad that Congress would regulate—and even                fiber-optic light sources and
the Southern                                                                             computer-guided electronic
states might not
                    promote—commerce. After all, commercial problems                     cameras designed for
have ratified the   were the main cause of the Annapolis Convention in                   space exploration.
Constitution.       1786. Southerners, however, succeeded in banning
                    Congress from taxing exports because Southern
                    economies depended on exports. The commerce clause also showed the
                    shadowy status that Native Americans had under the Constitution. They
                    were neither foreign nations nor part of the separate states.
                       The Constitutional Convention continued to meet into September.
                    On Saturday, September 15, 1787, the delegates voted their support for
                    the Constitution in its final form. On Sunday, it was written out on four
                    sheets of thick parchment. On Monday, all but three delegates signed
                    the Constitution. It was then sent, with a letter signed by George
                    Washington, to the Confederation Congress, which sent it to the states
                    for ratification, or approval. In the next section, you will read about the
                    debate over ratification.
 Section     2      Assessment
  1. Terms & Names        2. Taking Notes               3. Main Ideas                     4. Critical Thinking
  Explain the             Use a chart like the one      a. What was the relation-         Analyzing Points of View
   significance of:       below to take notes on the    ship between the Annapolis        How did the delegates at the
  • Constitutional        contributions made by the     Convention and the Consti-        convention differ on the issue
    Convention            leading delegates at the      tutional Convention?              of representation in the new
                          Constitutional Convention.    b. What is the significance of    government?
  • James Madison
  • Virginia Plan            Delegate    Contribution   the date 1787?                    THINK ABOUT
  • New Jersey Plan                                     c. How did the Constitutional     • the large states and the
  • Great Compromise                                    Convention reach a compro-          small states
                                                        mise on the issue of slavery?     • the Virginia Plan
  • Three-Fifths
    Compromise                                                                            • the New Jersey Plan
                                                                                          • the Great Compromise
 ACTIVITY OPTIONS
    TECHNOLOGY             Think about the Three-Fifths Compromise. Make an audio recording of a
                           speech or draw a political cartoon that expresses your views on the issue.
        ART
                                                                                    Confederation to Constitution      217