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York July 26, 1788 Rhode May 2 Connecticu Jan. 9, 178 New Jersey Dec. 18, 1787

Pennsylvania Dec. 12, 1787

There’s More Online! GRAPHIC ORGANIZER The Great Compromise

Virginia V ne 25, 1788

MAP

Delaware Dec. 7, 1787 Maryland Apr. 28, 1788

Ratification of the Constitution

AMERICAN LEADERS James Madison

Lesson 2

Creating a New Constitution ESSENTIAL QUESTION Why do people create, structure, and change governments?

It Matters Because In creating the Constitution, the basis for our government today, the Framers reached important compromises that had lasting legacies.

NGSSS covered in “The Constitutional Convention”

The Constitutional Convention

SS.7.C.1.5 Identify how the weaknesses of the Articles of Confederation led to the writing of the Constitution. SS.7.G.2.1 Locate major cultural landmarks that are emblematic of the United States. LA.7.1.6.1 The student will use new vocabulary that is introduced and taught directly. LA.7.1.7.3 The student will determine the main idea or essential message in grade-level or higher texts through inferring, paraphrasing, summarizing, and identifying relevant details.

GUIDING QUESTION Why did American leaders decide to create a new plan of government?

Reading HELP DESK

The Delegates The convention, or meeting, took place in Independence Hall. It began on May 25, 1787. Many delegates traveled long distances and arrived late. But the group that finally gathered was special. Most of the 55 men present were well educated. They were lawyers, merchants, college presidents, physicians, generals, governors, and planters. They all had political experience. Eight had signed the Declaration of Independence. Seven had been state governors, and 41 were or had been members of the Continental Congress. Native Americans, African Americans, and women were not allowed to take part in the meeting. Content Vocabulary

Taking Notes: Comparing and Contrasting As you read, compare and contrast the Virginia Plan and the New Jersey Plan by completing a Venn diagram like the one shown. LA.7.1.7.3

122 The Constitution

Virginia Plan

Great Compromise

New Jersey Plan

• Constitutional Convention • Great Compromise • Three-Fifths Compromise

PHOTO: (tl) Mira/Alamy; (tcl) PoodlesRock/Corbis Art/Corbis; (tcr) The Granger Collection

In 1777, the Articles of Confederation had loosely joined 13 independent states. After almost 10 years, American leaders decided that the national government needed to be stronger. In the spring of 1787, delegates from the states met in Philadelphia to fix the Articles. Only Rhode Island did not take part. Its leaders opposed a stronger central government.

Benjamin Franklin of Pennsylvania, at 81, was the oldest delegate. He was a diplomat, writer, inventor, and scientist. Most delegates, however, were younger men in their thirties or forties. Their careers were ahead of them. George Washington and James Madison would become presidents of the United States. Nineteen delegates would become U.S. senators and 13 would serve in the House of Representatives. Four men would be federal judges. Four others would be Supreme Court justices. A few key leaders were not there. Thomas Jefferson and John Adams were in Europe, representing the U.S. government. Patrick Henry, a Virginian and a leader during the Revolution, was also absent. Henry was elected as a delegate. However, he was against a stronger central government and did not attend.

The delegates chose George Washington to guide the convention. He was respected for his leadership during the American Revolution. Washington ran the meetings in an orderly way. He reminded the delegates that their task was vital. He warned that if they could not come up with an acceptable plan of government, “perhaps another dreadful conflict is to be sustained [suffered].” As the convention process began, the delegates made some key decisions. Each state would have one vote, no matter how many delegates represented that state. Also, a simple majority—in this case, seven votes— would decide any issue. The delegates wished to keep the work of the convention secret. This would enable delegates to talk freely. The public was not allowed into meetings. Doors were guarded. Windows were shut despite the summer heat. Delegates agreed not to discuss the meeting with outsiders. Because of this secrecy, we have few written records of the convention. The most detailed account comes from a notebook kept by James Madison, a delegate from Virginia.

Independence Hall in Philadelphia, Pennsylvania, stands today as a proud monument to the nation’s founding. ▲

PHOTO: Mira/Alamy

The First Decisions

CRITICAL THINKING Drawing Conclusions What belief united the delegates to the Constitutional Convention that met in Independence Hall? SS.7.G.2.1

Academic Vocabulary • Electoral College • Federalist • federalism

• The Federalist Papers • Anti-Federalist

process a series of steps taken to achieve something despite regardless of; in spite of Lesson 2 123

The Constitutional Convention, shown here in a 1940 painting, consisted of experienced political leaders, including George Washington (standing at right) and Benjamin Franklin (center). ▲

CRITICAL THINKING Hypothesizing Why do you think it was important for the delegates at the Constitutional Convention to have political experience?

PHOTO: PoodlesRock/Corbis Art/Corbis

The delegates’ original job was to revise the Articles of Confederation. However, they decided that greater changes were needed. They felt that the current government was too weak to deal with the nation’s many problems. As a result, the delegates soon agreed to begin anew. They would work to strengthen the national government. To do this, they would need an entirely new plan of government—a new constitution. Thus, the meeting in Philadelphia came to be known as the Constitutional Convention. PROGRESS CHECK

Explaining Why did the delegates want to write a new plan instead of making changes to the Articles of Confederation?

NGSSS covered in “Compromising for a Constitution” SS.7.C.1.5 Identify how the weaknesses of the Articles of Confederation led to the writing of the Constitution.

Compromising for a Constitution GUIDING QUESTION Why were compromises made at the Constitutional Convention?

The delegates wanted a government plan that all states could accept. Failure could mean disaster. According to James Madison’s notes, George Mason of Virginia said the following: PRIMARY SOURCE

[I] would bury [my] bones in this city rather than [leave] . . . the Convention “without any thing being done. ” —George Mason, remarks at the Constitutional Convention As the Convention began its work, the Virginia delegates presented a surprise. James Madison had written a plan for a strong national government. This is known as the Virginia Plan.

Reading HELP DESK Constitutional Convention meetings of state delegates in 1787 leading to adoption of a new Constitution

124 The Constitution

Great Compromise agreement providing a dual system of congressional representation

The Virginia Plan The Virginia Plan had a federal government much like ours. It had a president, courts, and a congress with two houses. State population would decide how many representatives were in each house. Larger states would have more votes than smaller states. Delegates from states with more people liked the plan. These states were Massachusetts, Pennsylvania, Virginia, and New York. Delegates from smaller states were opposed. They felt the larger states would ignore the interests of the smaller states.

The New Jersey Plan

The Great Compromise Finally, a committee headed by Roger Sherman of Connecticut found an answer. The committee decided that Congress would have two houses—a Senate and a House of Representatives. In the Senate, each state would have two members. This pleased the smaller states. In the House, the number of seats for each state would reflect the state’s population. This pleased the larger states. No group was fully satisfied. Yet, all could accept the committee’s plan. Historians call Sherman’s plan the Connecticut Compromise, or the Great Compromise. A compromise is an agreement between two or more sides. Each side gives up something but gains something else.

Connecticut’s Roger Sherman had a long career in public service but is best remembered for saving the Constitutional Convention from failure with his Great Compromise. ▲

Two weeks of heated debate passed. Then, William Paterson of New Jersey offered the New Jersey Plan. It was based on the Articles of Confederation, with some changes. The plan kept the Confederation’s one-house congress. Each state would have one vote. But Congress could set taxes and regulate, or control, trade. These were powers it did not have under the Articles. Also, instead of a strong president, a less powerful committee named by Congress would carry out laws. Delegates from the smaller states backed this plan. These states were Delaware, Maryland, and New Jersey. In the New Jersey Plan, smaller states had the same power as larger states. Of course, delegates from the larger states opposed the plan. They wanted states with more people to have more power.

CRITICAL THINKING Analyzing How did the Great Compromise please both large and small states?

PHOTO: North Wind Picture Archives/Alamy

The Three-Fifths Compromise Still, other issues remained. One concerned slavery and representation in Congress. In 1787, more than 550,000 African Americans were enslaved. Most of them lived in southern states. These states hoped to count the enslaved people in their populations. Then they would have more votes in the House of Representatives. Lesson 2 125

The North had few enslaved persons. Therefore, Northern delegates argued that enslaved persons were legally property and did not vote or share in government. Therefore, they said, enslaved people should not be counted for representation. The delegates worked out an agreement. It became known as the Three-Fifths Compromise. The delegates decided that every five enslaved persons would equal three free persons. Thus, three-fifths of the enslaved population in each state would count for representation in Congress. The same rule was also used for assessing taxes on the states.

Other Compromises Delegates compromised on trade matters, too. Northern states felt that Congress should be able to regulate foreign trade and trade between the states. Southern states feared that Congress would then tax exports—goods sold to other countries. This would hurt the Southern economy. The South exported large amounts of tobacco, rice, and other products. Southerners also worried that Congress might stop traders from bringing enslaved people into the nation. The South’s economy depended on this labor. Another compromise would settle the issue. The Southern delegates agreed that Congress could regulate trade between the states, as well as with other countries. In return, the North agreed that Congress could not tax exports. Congress also could not ban the slave trade before 1808—about 20 years in the future. Southern states wanted the slave population counted for purposes of representation. In some Southern states, enslaved African Americans made up as much as 45 percent of the population. Alabama had more than 125,000 people in 1820, a year after it became a state. Nearly a third of them were enslaved African Americans. ▲

PHOTO: File Photo

CRITICAL THINKING Analyzing Why did Southern states want to count enslaved people?

Reading HELP DESK Three-Fifths Compromise agreement providing that enslaved persons would count as three-fifths of other persons in determining representation in Congress

126 The Constitution

The delegates also made compromises about the national government. Some thought Congress should elect the president. Others wanted the people to have this right. The solution was the Electoral College. This group would select a president and a vice president. It would be made up of electors, or delegates, named by each state legislature. The Electoral College still exists today. However, voters in each state now choose electors. PROGRESS CHECK

Inferring What does the Three-Fifths Compromise show about how most free Americans viewed enslaved people?

Federalists and Anti-Federalists GUIDING QUESTION How did Federalist and Anti-Federalist viewpoints differ?

Throughout the long, hot summer, the delegates to the Constitutional Convention worked out the details of the new government. As their task came to an end, some delegates headed home. However, 42 of the original 55 remained. On September 17, 1787, they met for the last time. A committee headed by Gouverneur Morris had written down the Convention’s ideas. The Constitution was ready to be signed. All but three delegates wrote their names at the bottom. The delegates at Philadelphia had produced the Constitution. The document’s acceptance, however, rested on the will of the American people. The next step was to win the Constitution’s ratification, or approval. The delegates had decided that each state would set up a ratifying convention to vote “yes” or “no.” At least nine of the 13 states were required to ratify the Constitution. Only then would it become the supreme law of the land.

PHOTO: The Granger Collection

Who Were the Federalists? Americans held different views about the proposed Constitution. Those who supported it called themselves Federalists. They chose this name because they believed the Constitution would create a system of federalism, that is, a form of government in which power is divided between the federal, or national, government and the states. They believed, however, that federal law should be supreme over state law. Electoral College a group of people named by each state legislature to select the president and vice president

Federalist a supporter of the Constitution

American Leaders James Madison (1751–1836)

E

ven in his day, James Madison was known as the “Father of the Constitution.” Madison protested: “You give me credit to which I have no claim. . . . It ought to be regarded as the work of many heads and many hands.” When it came to creating the Constitution, however, Madison had few equals. He contributed greatly to the debates at the Constitutional Convention in Philadelphia. Nonetheless, Madison at first opposed the addition of a bill of rights. He feared that future governments might honor only those rights listed in the bill. When some leaders continued to insist on a bill of rights, Madison finally agreed. To make sure the amendments did not weaken the new government, Madison helped write them himself. Then, as the U.S. representative from Virginia, Madison pushed the amendments through Congress, fulfilling the Constitution’s promise to create a “more perfect union.” In later years, Madison continued to play a large role in the nation’s political life. With Thomas Jefferson, he founded the Democratic-Republican Party. It opposed what they saw as a dangerous growth of federal power at the expense of the states. In 1801 he became President Thomas Jefferson’s secretary of state. In 1808 Madison was elected the fourth president of the United States.

Looking at Leadership James Madison wrote: “Liberty may be endangered by the abuse of liberty, but also by the abuse of power.” EXPLAINING Put this statement in your own words.

federalism a form of government in which power is divided between the federal, or national, government and the states Lesson 2 127

Ratification of the Constitution

GEOGRAPHY CONNECTION Nine of the 13 states were needed to ratify the Constitution in order for it to take effect.

1 2

N

New Hampshire June 21, 1788

E W

LOCATION Which states were most supportive of the Constitution?

New York July 26, 1788

CRITICAL THINKING Anaylzing Why do you think some states ratified the Constitution after it went into effect?

Pennsylvania Dec. 12, 1787

Virginia June 25, 1788

Rhode Island May 29, 1790 Connecticut Jan. 9, 1788 New Jersey Dec. 18, 1787 Delaware Dec. 7, 1787 Maryland Apr. 28, 1788

South Carolina May 23, 1788 Georgia Jan. 2, 1788 *

SS.7.C.1.8 Explain the viewpoints of the Federalists and the Anti-Federalists regarding the ratification of the Constitution and inclusion of a bill of rights.

ATL ANTIC O CE AN

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400 miles

400 km 0 Albers Equal-Area projection

North Carolina Nov. 21, 1789 *

NGSSS covered in “Federalists and Anti-Federalists”

S

Massachusetts Feb. 6, 1788

Unanimously ratified Strongly supported ratification Strongly opposed ratification Ratified after the Constitution became fully effective Ratification was originally defeated; date represents second vote.

To win support, the Federalists reminded Americans of the weaknesses in the Articles of Confederation. They argued that the United States could not survive without a strong national government. They believed a strong national government was needed to protect property rights. The Federalists also claimed that only a strong national government could solve the country’s problems at home and defend its interests abroad. The main leaders of the Federalists were Alexander Hamilton, James Madison, and John Jay. To defend the Constitution, they wrote essays called the Federalist Papers, or The Federalist. In one essay, James Madison argued that: PRIMARY SOURCE

Republic, by which I mean a Government in which the scheme of representation “takes[a]place . . . promises the cure for which we are seeking. ” —James Madison, The Federalist, No. 10

Reading HELP DESK The Federalist Papers a series of essays written to defend the Constitution

128 The Constitution

Anti-Federalist a person who opposed ratification of the Constitution

Who Were the Anti-Federalists? Some Americans opposed the Constitution. They were called Anti-Federalists. The Anti-Federalists argued that the new Constitution would destroy the liberties won in the American Revolution. They believed the new Constitution would create a national government so powerful that it would ignore the rights of the states. Some feared that such a government would also favor the wealthy few over the common people. They felt that the power of the national government should not extend beyond what was necessary to preserve the union. The Anti-Federalists saw a key weakness of the new Constitution. It had no bill of rights to protect individual freedoms. Several state conventions declared they would not ratify the Constitution without a bill of rights.

The Federalists at last agreed with the Anti-Federalists. A bill of rights was needed. The Federalists vowed that the new government would quickly add such a bill if the Constitution was adopted. That promise helped win public support for the Constitution. Several states had already voted for ratification. New Hampshire became the ninth state to do so. The Constitution took effect in June 1788. In time, the remaining four states also ratified it. The last state was Rhode Island in May 1790. The 13 independent states were now one nation, the United States of America.

The Federalist Papers helped explain the proposed Constitution to people. Its arguments proved persuasive at the time and continue to be relevant today. ▲

PHOTO: Fotosearch/Archive Photos/Getty Images

Launching a New Nation

CRITICAL THINKING Speculating In what way do you think the Federalist Papers continue to be useful today?

PROGRESS CHECK

Explaining Describe the views of the Federalists. How did they feel about ratifying the Constitution?

LESSON 2 REVIEW Review Vocabulary 1. How were both the Great Compromise and the Three-Fifths Compromise related to population? LA.7.1.6.1

2. What was the purpose of the Federalist Papers? LA.7.1.6.1

Answer the Guiding Questions 3. Explaining Why did delegates think the Articles of Confederation needed to be replaced? SS.7.C.1.5 4. Describing What issue did the Three-Fifths Compromise solve? SS.7.C.1.5

5. Analyzing Who opposed ratifying the Constitution? What was their major argument against ratification? SS.7.C.1.8 6. PERSUASIVE WRITING Put yourself in the position of an Anti-Federalist. You think that a strong national government is a mistake. You believe it would be as abusive as the British government was. Write a short letter or speech expressing your view. SS.7.C.1.8 Lesson 2 129