1. The Articles of Confederation (see Martin, pp. 156-157)

Concerns of Congress:

• Protection of states’ sovereignty
• Fears of power destroying liberty
• Need to constrain federal power

Articles of Confederation

• One-house Congress
• Equal state representation
• No independent executive
• Congress: no power to tax or regulate trade
• Amendments only with unanimous approval
• Duties of Congress
• Foreign relations
• Military matters
• Indian relations
• Ratification by unanimous vote

The Articles of Confederation served as the first constitution of the United States.

2. Weaknesses of the Confederation (see Martin, pp. 158-162)

Americans’ complaints:

• Weak economy
• National and state debts
• Congress unable to tax

"Nationalists"

• Alexander Hamilton, James Madison
• Proposed amendment to Articles (5% tax on imports) defeated

Problems in foreign affairs

• Debt to Great Britain
• British troops on American soil

3. Constitutional Convention (see Martin, pp. 171-176; McDonald, "Establishing a Government")

Constitutional Convention—Philadelphia (1787)

The original purpose of the Constitutional Convention was to revise the Articles of Confederation. Ultimately, the Articles were discarded and replaced by the new Constitution.

Representation

• 55 representatives from 12 states
• Rhode Island refused to attend

Procedural decisions

• Secret discussions
• Voting by state
• Simple majority needed to pass resolutions

James Madison: Virginia Plan

• Presented by Edmund Randolph
• Creation of strong central government
• Bicameral legislature
• First house elected directly by people
• Second house elected by members of first house
• Proportional representation (population)
• Executive elected by Congress
• Passes easily

James Madison is regarded as the "Father of the Constitution."

William Paterson: New Jersey Plan

• Unicameral legislature
• Equal representation
• New powers to tax and regulate trade
• Rejected

William Paterson's plan to revise the Articles of Confederation was defeated at the Convention.

Great Compromise

• Senate: equal representation
• House or Representatives: proportional representation
• Three-fifths rule

Committee of Detail

• Produced rough draft of Constitution

Decisions on Executive Branch

• President: 4-year term; re-election possible
• President chosen by Electoral College (majority)
• Vice President (second place in Electoral College)
• Presidential powers: veto, nomination of judges

Final problems

• Slave trade (no interference until 1808)
• Absence of bill of rights (issue bypassed)

Ratification procedure

• Special state constitutional conventions
• Need approval of 9 states (2/3 majority)

Constitution signed September 17, 1787; ratified 1788

Bill of Rights

• Work of James Madison
• Guaranteed personal liberties
• First 10 amendments to Constitution
• Ratified by 1791