The Constitutional Convention | Constitution 101

Summary

This script recounts the pivotal Constitutional Convention of 1787, highlighting three key compromises: the balance of power between large and small states, the creation of the Electoral College for presidential elections, and the contentious Three-Fifths Compromise regarding slavery. It underscores the delegates' struggles to reconcile differing visions of governance and the lasting impact of their decisions, including the Electoral College's role and the eventual abolition of slavery through the Civil War and the 13th Amendment.

Takeaways

• 🏛️ The U.S. Constitution was drafted during the Constitutional Convention in Philadelphia from May 25 to September 17, 1787.
• 🌐 The Virginia Plan proposed by James Madison suggested representation in Congress based on population size.
• 🗽 The New Jersey Plan, supported by smaller states, advocated for equal representation in a single-house legislature.
• ⚖️ The Connecticut Compromise resulted in a bicameral Congress with the House based on population and the Senate with equal state representation.
• 🤔 The Electoral College was devised as a compromise for presidential elections, balancing direct popular vote and selection by Congress.
• 👥 Delegates debated the nature of the presidency, with some favoring a strong executive for life and others a weak executive.
• 🗳️ The Electoral College was seen as a safeguard against demagogues and ensured the election of a president by national elites.
• 🔢 The Three-Fifths Compromise counted enslaved people as three-fifths of a person for congressional representation purposes.
• 🚫 The Constitution initially did not explicitly protect slavery but included compromises that increased pro-slavery influence.
• 📜 The convention concluded without explicit endorsement of slavery, leaving its future to states and federal government.
• 🖋️ Benjamin Franklin emphasized the imperfections of the Constitution and the importance of humility and open-mindedness in its interpretation.

Q & A

What was the purpose of the Constitutional Convention that began on May 25th, 1787?

The purpose of the Constitutional Convention was to draft and debate the U.S. Constitution, aiming to form a more perfect union, establish justice, ensure domestic tranquility, provide for the common defense, promote the general welfare, and secure the blessings of liberty.

Where did the Constitutional Convention take place?

The Constitutional Convention took place in the Pennsylvania State House, now known as Independence Hall.

What was the Virginia Plan proposed by James Madison?

The Virginia Plan proposed a legislative branch consisting of two houses where states would be represented based on their populations, meaning more populous states would have more representatives.

How did the New Jersey Plan differ from the Virginia Plan?

The New Jersey Plan proposed a one-house legislature organized around state equality, with each state getting one vote, regardless of its population, as opposed to the Virginia Plan which favored representation based on population.

What was the Connecticut Compromise and how did it resolve the dispute between big and small states?

The Connecticut Compromise proposed a Congress consisting of two houses: the House of Representatives based on population and the Senate with equal representation for each state. This compromise resolved the dispute by giving more seats to larger states in the House and equal representation in the Senate.

What was the Electoral College and how did it come to be?

The Electoral College is the method for selecting the president of the United States. It emerged as a compromise between direct popular election and selection by Congress, aiming to prevent dangerous demagogues from gaining power.

Why was George Washington's role as the first president significant?

George Washington's role as the first president was significant because his national name recognition and respect ensured the convention's success and provided a model of virtue for future presidents.

What was the Three-Fifths Compromise and its implications?

The Three-Fifths Compromise counted enslaved people as three-fifths of a person for purposes of congressional representation. It increased pro-slavery strength in Congress, the presidency through the Electoral College, and at the Supreme Court by electing pro-slavery presidents and appointing pro-slavery justices.

Why did some delegates oppose the inclusion of slavery in the Constitution?

Delegates like Gouverneur Morris opposed slavery, calling it a nefarious institution and the curse of heaven on the states where it prevailed. They found it hypocritical to treat enslaved people as property while also granting them representation.

What was the compromise regarding the international slave trade?

The compromise prevented Congress from banning the international slave trade for another 20 years until 1808, reflecting a split between states like Virginia, which wanted an immediate ban, and states like South Carolina and Georgia, which still relied on the slave trade.

What did Benjamin Franklin say about the Constitution during its closing?

Benjamin Franklin admitted that the Constitution wasn't perfect but asked his fellow delegates to approach it with humility, acknowledging that he might change his opinions with better information or fuller consideration.

Why did some delegates refuse to sign the Constitution?

Delegates like George Mason and Edmund Randolph of Virginia, and Elbridge Gerry of Massachusetts refused to sign the Constitution because it didn't contain a bill of rights.

Outlines

00:00

🏛️ Constitutional Convention and Compromises

The paragraph discusses the beginning of the U.S. Constitution and the Constitutional Convention held in Philadelphia from May 25th to September 17th, 1787. It highlights three crucial compromises: power balance between large and small states, the election of the president, and the future of slavery. The Virginia Plan, favored by larger states, proposed representation based on population, while the New Jersey Plan, supported by smaller states, advocated for equal representation. The Connecticut Compromise resolved this by creating a bicameral legislature with the House of Representatives based on population and the Senate with equal representation. The paragraph also introduces the Electoral College as a compromise for presidential elections, balancing direct popular election and selection by Congress.

05:01

🗳️ The Electoral College and Slavery Compromises

This section delves into the Electoral College and the contentious Three-Fifths Compromise. It explains how the Electoral College was designed as a middle ground between direct popular election and congressional selection, aiming to prevent the rise of dangerous demagogues. The Three-Fifths Compromise is explored, where enslaved individuals were counted as three-fifths of a person for congressional representation. This compromise was seen as pragmatic but hypocritical, as it treated enslaved people as property while affording them partial representation. The paragraph also touches on the compromise that delayed Congress's ability to ban the international slave trade until 1808, reflecting the economic reliance of some states on slavery.

10:01

📜 Signing the Constitution and its Aftermath

The final paragraph covers the conclusion of the Constitutional Convention and the signing of the Constitution by the delegates, which did not immediately give it legal force but signified their support. It notes that three delegates—George Mason and Edmund Randolph of Virginia, and Elbridge Gerry of Massachusetts—refused to sign due to the absence of a bill of rights. The paragraph concludes with Benjamin Franklin's call for humility and the importance of maintaining the constitutional republic, emphasizing that it is up to the people to preserve it. It also recounts a conversation between Franklin and a citizen, reflecting on the nature of the new government.

Keywords

💡Constitutional Convention

The Constitutional Convention refers to the gathering of delegates in 1787 to draft the United States Constitution. It was a pivotal event in American history that led to the formation of the current U.S. government structure. The video script discusses how this convention resulted in crucial compromises that shaped the Constitution, such as the balance of power between big and small states, the election of the president, and the future of slavery.

💡Virginia Plan

The Virginia Plan was a proposal put forth by James Madison during the Constitutional Convention. It advocated for a bicameral legislature where representation in both houses would be based on state population. This plan was significant as it represented the interests of larger states and is highlighted in the script as a starting point for debates on representation.

💡New Jersey Plan

The New Jersey Plan was an alternative proposal to the Virginia Plan, championed by William Paterson. It suggested a unicameral legislature with equal representation for each state, regardless of population size. This plan was favored by smaller states and is mentioned in the script as a counter to the Virginia Plan to prevent larger states from dominating.

💡Connecticut Compromise

The Connecticut Compromise was a pivotal agreement reached during the Constitutional Convention that led to the creation of a bicameral Congress. As explained in the script, it proposed a House of Representatives based on population and a Senate with equal representation for each state. This compromise was crucial for balancing the interests of both large and small states.

💡Electoral College

The Electoral College is the process by which the President of the United States is elected. As detailed in the script, it emerged from debates during the Constitutional Convention as a compromise between direct popular election and selection by Congress. It illustrates the framers' efforts to balance popular will with elite judgment in presidential elections.

💡Three-Fifths Compromise

The Three-Fifths Compromise was an agreement during the Constitutional Convention that counted enslaved individuals as three-fifths of a person for purposes of taxation and representation. This compromise is discussed in the script as a controversial aspect that increased the political power of slaveholding states and had long-lasting implications for American politics and society.

💡Slavery

Slavery was a contentious issue during the Constitutional Convention, as it involved debates over the status and representation of enslaved individuals. The script mentions how compromises regarding slavery, like the Three-Fifths Compromise, were necessary for the Constitution's adoption but also entrenched the institution, leading to its eventual abolition only after the Civil War.

💡Benjamin Franklin

Benjamin Franklin was one of the Founding Fathers of the United States and a delegate at the Constitutional Convention. His final thoughts, as mentioned in the script, emphasized the imperfections of the Constitution and the need for humility and open-mindedness, which reflect the ongoing challenge of maintaining a constitutional republic.

💡George Washington

George Washington is noted in the script as the first President of the United States. His national recognition and respect were significant in ensuring the success of the Constitutional Convention, as he was a unifying figure that delegates could agree upon for the presidency.

💡Bill of Rights

The Bill of Rights refers to the first ten amendments to the U.S. Constitution, which保障了公民的基本权利。In the script, it is mentioned as a missing element in the original Constitution that led some delegates, like George Mason, to refuse signing it. The absence of a bill of rights was seen as a flaw that needed to be rectified to protect individual liberties.

💡Ratification

Ratification is the process by which the states of the United States approved the Constitution following its proposal by the Constitutional Convention. As highlighted in the script, ratification by the states was necessary to give the Constitution its force of law, illustrating the importance of state consent in the formation of the U.S. government.

Highlights

The U.S. Constitution begins with the aim to form a more perfect union and secure liberty.

The Constitutional Convention, known as the miracle at Philadelphia, started on May 25th, 1787.

Delegates met in secret at the Pennsylvania State House, now Independence Hall.

Three crucial compromises were made at the Constitutional Convention.

The Virginia Plan proposed representation based on population for both houses of Congress.

The New Jersey Plan suggested one house legislature with equal representation for each state.

The Connecticut Compromise created a bicameral Congress with representation based on population in the House and equal representation in the Senate.

The Electoral College was devised as a compromise for selecting the president.

Debate over the presidency included the idea of a president elected for life.

The Electoral College was a middle ground between direct popular election and selection by Congress.

The Three-Fifths clause counted enslaved people as three-fifths of a person for representation purposes.

James Wilson brokered the Three-Fifths compromise to mediate between differing views on enslaved population counting.

The Three-Fifths clause increased pro-slavery strength in Congress and the presidency.

The delegates refused to write explicit protection for slavery into the Constitution.

The convention accepted a compromise preventing Congress from banning the international slave trade until 1808.

Benjamin Franklin's final thoughts acknowledged the Constitution's imperfections and called for humility.

The Constitution was signed on September 17th, 1787, but required ratification by the states to become law.

Three delegates refused to sign the Constitution due to the absence of a bill of rights.

Dr. Franklin's reply to Mrs. Powell about the new government being a republic if it can be kept.

Transcripts

Jeffrey Rosen: [MUSIC] The U. S. Constitution

opens with the following powerful words.

"We the people of the United States,

in order to form a more perfect union, establish justice,

insure domestic tranquility,

provide for the common defense,

promote the general welfare,

and secure the blessings of

liberty to ourselves and our posterity,

do ordain and establish

this Constitution for the United States of America."

How did we get here? The story

of the Constitutional Convention,

which some have called the miracle at Philadelphia,

begins on May 25th, 1787.

The delegates met in the Pennsylvania State House,

which is now called Independence Hall,

and it's right across from

the National Constitution Center where I am right now.

They deliberated in secret until September 17th.

What happened during these crucial months

as the delegates drafted and

debated the U.S. Constitution?

Well, today we're going to talk about

three crucial compromises at

the Constitutional Convention that

led to its proposal and ratification.

They include, first, the balance

of power between big states and small states.

Second, the election of the president,

and third, the future of slavery.

Well, let's begin with the disputes

between the big states and small states.

The big states favored the Virginia Plan,

which was largely the work of James Madison.

In the Virginia Plan,

Madison proposed a legislative branch

consisting of two houses.

In both houses, the states would be

represented based on populations,

so the more people in the state,

the more representatives it would

have in both houses of Congress.

The small states led by William Paterson of

New Jersey didn't like

this plan and they countered with the New Jersey Plan.

It grew out of fears that the Virginia version would

leave the large states to dominate the small states.

The New Jersey plan envisions

a one house legislature organized around state equality,

with each state getting one vote

regardless of its population.

Eventually, Roger Sherman and

Oliver Ellsworth were both from Connecticut,

proposed the Connecticut Compromise.

Under the Connecticut Plan,

Congress would consist of two houses,

the House of Representatives and the Senate.

The House is organized on the basis of population which

gives the bigger states

more seats than the smaller states,

and then the Senate is organized

on the basis of equal representation

with each state regardless of

its size receiving two senators.

The great compromise eventually passed by a single vote.

Let's now turn from Congress to

the presidency focusing on

the second big set of compromises which

led to our method for selecting a president,

which is the Electoral College.

To understand the debate over the Electoral College,

we have to understand the framers debates

about the nature of the presidency itself.

Some delegates like Alexander Hamilton wanted

a strong national executive elected for life.

Others like Roger Sherman wanted a weak executive

who'd simply carry the will

of the legislature into effect.

How did we end up with the Electoral College?

Well, the delegates considered a range of options.

One idea, supported by James Madison,

was to have Congress pick the president.

That would have the advantage of putting the decision

in the hands of the nation's most knowledgeable leaders,

and presumably they could pick

the best person because they knew the candidates.

The concern was, as Gouverneur Morris warned,

that the result would eventually be the work of

intrigue of a cabal and

a faction producing a president who'd

become a mere tool of his supporters in Congress.

Another idea was proposed by James Wilson,

the great proponent of popular sovereignty.

James Wilson who came from Pennsylvania,

proposed election of the president by popular vote.

This proposal would have the advantage of

routing the president in popular sovereignty.

But some delegates, like George Mason of Virginia,

were concerned that the size of the country would

make it hard to pull off a national election.

The average voter just wouldn't know enough about

an out-of-state candidate to make an informed choice.

Everyone at the convention knew that

George Washington would be the first president,

and that was tremendously important.

That's what ensured the convention success.

But no other candidate would have

the national name recognition

or the respect that the virtuous Washington had.

The Electoral College emerged as

a compromise between those like James Wilson,

who wanted the direct popular election of the president,

those like James Madison who supported

presidential selection by Congress,

and those like Alexander Hamilton who

viewed the Electoral College as a way of guarding against

dangerous demagogues who might

seduce the people into giving up their liberties.

Instead, it would leave the president and his election

or her election ultimately to

the votes of national elites.

Let's end with our third compromise.

It's the most controversial and

troubling aspect of the convention,

and it involves the compromises that

the delegates made about slavery.

In particular, let's focus on debates over

the infamous Three-Fifths clause.

Following the great compromise

between the big and the small states,

the House of Representatives drew up

districts based on a state's population.

The more people in the state, the greater

number of districts it gets.

But how would enslaved people be

counted for the purpose of representation in the house.

That's what led to

the debate over the three-fifths clause,

which counted enslaved people as three-fifths of

a person for purposes of congressional representation.

Where did that infamous compromise come from?

Well, it was James Wilson who broker

the compromise at the convention that counted

enslaved people as three-fifths of a person for

purposes of determining representation in Congress.

Wilson proposed the formula which Congress

had used earlier for taxing purposes.

He saw it as a pragmatic effort to mediate between those

who wanted to count enslaved people

fully in a state's total population,

and those who wanted to exclude them entirely.

Anti-slavery delegates said this was hypocritical.

How could Southern delegates treat enslaved people as

full persons for purposes

of representation in the national government,

but at the same time deny

their humanity by treating them as property.

For example, Gouverneur Morris,

the Pennsylvania delegate,

who is one of the most vocal opponents of slavery,

called slavery a nefarious institution.

The curse of heaven on the states where it prevailed.

Nevertheless, the delegates, and in particular

the delegates from Georgia and South Carolina,

decided that the clause was necessary to

secure the support of the deep south.

This clause had a huge impact over time.

The three-fifths clause increased

pro-slavery strength in Congress by

counting enslaved people as three-fifths of a person.

It also increased the strength of

the slave states in

the presidency through the Electoral College

and at the Supreme Court by electing

pro-slavery presidents who

appointed pro-slavery justices.

In the end, the delegates refused to write

explicit protection for slavery into the constitution.

According to James Madison's notes,

Mr. Madison thought it wrong to admit in

the Constitution the idea

that there could be property in men.

When Frederick Douglass read those words when

Madison's notes were published in 1840s,

he said it changed his conception of

himself as a man and as a citizen,

and changed him from viewing

the constitution as a pro-slavery document to believing

that the framers left the future of

slavery up to the states and the federal government.

But to ensure that

the constitutional convention continued,

the delegates accepted the three-fifths compromise,

as well as another infamous compromise

which prevented Congress from banning

the international slave trade for

another 20 years until 1808.

Here there really was a split between states like

Virginia which wanted an immediate ban

to the international slave trade,

and states like South Carolina and

Georgia which still relied

on the international slave trade.

George Mason from Virginia called it an infernal traffic

that originated in the avarice of British merchants.

Avarice means greed, but

South Carolina and Georgia refused to budge and

the result was the clause that prevented Congress from

banning the international slave trade until 1808,

which it promptly did.

Unfortunately by that point,

the invention of the cotton gin in 1794 had

vastly increased the lucrativeness

of the American system of enslavement.

The Southern economy as a whole became even more

reliant on the labor of the enslaved.

It would take the Civil War,

followed by the ratification of the 13th Amendment in

1865 to end slavery in America.

Well, the Constitutional Convention

ended on September 17th, 1787.

We celebrate Constitution Day today as September 17.

As the convention was reaching its close,

Benjamin Franklin offered some final thoughts.

He admitted that the Constitution wasn't perfect,

but he asked his fellow delegates to

approach it in a spirit of humility.

"I confess", Franklin said,

"that there are several parts of

this Constitution which I

do not at present approve,

but I'm sure I shall never approve them.

For having lived long,

I've experienced many instances of being obliged by

better information or

fuller consideration to change opinions,

even on important subjects,

which I once thought right,

but found to be otherwise.

It is therefore,

that the older I grow,

the more apt I am to doubt

my own judgment and to pay

more respect to the judgment of others.

After Franklin speech,

the delegates signed the Constitution.

Their signatures didn't give it

the force of supreme law,

only we, the people and

ratifying conventions could do that.

But the proposal of the Constitution on

September 17th was a powerful sign

of the delegate support.

Nevertheless, three delegates refused to sign:

George Mason and Edmund Randolph of Virginia,

and Elbridge Gerry of Massachusetts.

Why did they refuse to sign the new constitution?

The main reason is that it

didn't contain a bill of rights.

On the last day of the convention,

Franklin met a citizen of Philadelphia,

Mrs. Elizabeth Powell, and she asked him,

"Well, Dr. Franklin, what have we got?

A republic or a monarchy?"

Franklin's reply, "A republic,

if you can keep it."

It's up to all of us to keep

the constitutional republic that the convention wrote.

Learning about it, in a spirit

of open-mindedness and humility,

as you're doing now, is the best place to start.