John Locke, a physician and philosopher, worked with famous scientists, including Robert Boyle and Robert Hooke. In contrast to Hobbes, Locke used state of nature and social contract theory to justify limited government and the preservation of individual rights, particularly life, liberty, and property. Locke is sometimes called "America's philosopher" because his Second Treatise of Government (1690) was widely read by the colonists and important ideas found in it (as well as in works of English republican writers) are found in the Declaration of Independence, especially his theories of natural rights and his defense of violent revolution after "a long train of abuses" of power by rulers. Two verbatim phrases of Locke's are found in the Declaration.

Franklin was the oldest delegate to the Philadelphia Convention. With the possible exception of George Washington, Franklin was the best-known man in America. Born into a poor family, Franklin became an inventor, scientist, diplomat, and publisher. His Poor Richard's Almanac was read nationwide. His career in public service was long and varied, and included service as ambassador to England and France and as governor of Pennsylvania. At the Philadelphia Convention, Franklin was a compromiser, using wit to bring delegates together. A staunch advocate of colonial rights, he helped draft the Declaration of Independence and the Treaty of Paris (1783). He played an important role in creating the Great Compromise. He favored a strong national government and argued that the Framers should trust the judgment of the people. Although he was in poor health in 1787, he missed few sessions, being carried to and from the meeting place in a special chair. Although he did not agree with everything in the Constitution, he believed that no other convention could come up with a better document.

Ellsworth was a member of a well-to-do Connecticut family. He graduated from the College of New Jersey, taught school, and served as a minister before going into law. He was soon considered one of Connecticut's best lawyers. Ellsworth served in the Continental Congress and was a delegate to the Philadelphia Convention. He played an important role at the convention and was one of the authors of the Great Compromise. Elected to the U.S. Senate, he was responsible for the Judiciary Act of 1789. In 1796 Ellsworth was appointed Chief Justice of the United States. His opinions helped to shape admiralty and treaty law.

The "Father of the Constitution" was born to a wealthy Virginia family. He was taught at home and in private schools, then graduated from the College of New Jersey. While deciding whether to become a lawyer or minister, Madison became involved in the revolutionary cause, thereby entering state and local politics. His poor health kept him from serving in the military. In 1780, Madison was chosen to serve in the Continental Congress, where he played a major role. He was one of the most influential voices calling for a constitutional convention. He came to the Philadelphia Convention with a plan for the new government, took extensive notes on the proceedings, spoke more than 150 times, and worked tirelessly on various committees. As one of the authors of The Federalist, Madison was also a key figure in the battle for ratification. Following the convention, Madison served as a member of the U.S. House of Representatives, helping to frame the Bill of Rights and organize the executive department. Under Jefferson, Madison served as secretary of state. He then succeeded Jefferson as president. In retirement, Madison continued to speak out on public issues.

Morris was born in New York to a wealthy family with a history of public service. Early in life, he lost a leg in a carriage accident. He graduated from King's College in New York City and studied law. Many of his family and friends were loyalists, but Morris sided with the patriots. He served in the militia as well as in the New York legislature and the Continental Congress. When he was defeated for Congress in 1779, Morris moved to Philadelphia to practice law. At the Philadelphia Convention, Morris gave more speeches than anyone else. He favored a strong national government ruled by the upper classes. He served on many committees and was the primary author of the actual document. After the convention, Morris spent ten years in Europe. He served briefly in the Senate, but then retired.

Case Summary

Mr. and Mrs. Caleb Bull, the stated beneficiaries of the will of Norman Morrison, were denied an inheritance by a Connecticut probate court. When the Bulls attempted to appeal the decision more than a year and a half later, they found that a state law prohibited appeals not made within 18 months of the original ruling. The Bulls persuaded the Connecticut legislature to change the restriction, which enabled them to successfully appeal the case. Calder, the initial inheritor of Morrison's estate, took the case to the Supreme Court.

Question(s)

Was the Connecticut legislation a violation of Article I, Section 10, of the Constitution, which prohibits ex post facto laws?

Answer(s)

No. In a unanimous decision, the Court held that the legislation was not an ex post facto law. The Court drew a distinction between criminal rights and "private rights," arguing that restrictions against ex post facto laws were not designed to protect citizens' contract rights. Justice Chase noted that while all ex post facto laws are retrospective, all retrospective laws are not necessarily ex post facto. Even "vested" property rights are subject to retroactive laws.

See: The Oyez Project, Calder v. Bull, 3 U.S. 386 (1798)

Case Summary

In 1851, Congress authorized the transfer of $10 million worth of United States bonds to the state of Texas. The bonds were payable to the state or bearer and were to be redeemable in 1864. In 1862, during the Civil War, an insurgent Texas legislature authorized the use of the bonds to purchase war supplies. Four years later, the reconstruction government tried to reclaim the bonds.

Question(s)

Was Texas a state in the union eligible to seek redress in the Supreme Court? Could Texas constitutionally reclaim the bonds?

Answer(s)

Yes. In a 5-to-3 decision, the Court held that Texas did indeed have the right to bring suit and that individuals such as White had no claim to the bonds in question. The Court held that individual states could not unilaterally secede from the Union and that the acts of the insurgent Texas legislature--even if ratified by a majority of Texans--were "absolutely null." Even during the period of rebellion, however, the Court found that Texas continued to be a state.

See: The Oyez Project, Texas v White, 74 U.S. 700 (1869)

Martin's extensive criticism of the Philadelphia Convention, its methods and its work. He especially focuses on the secrecy surrounding the convention and his perceptions of bias toward a large national government.

Access the Material

An argument for a federal republic over what the author calls "consolidated government." The Federal Farmer claims that the proposed constitution would make all citizens subjects of the legislature and its power to tax, which would make state and local governments useless and powerless.

Access the Material

An argument against a strong national government in favor of more power resting in the states. Brutus speaks specifically to the idea of taxation and government debt to fund protection and defense, fearful that the states would lack the authority to collect import tariffs, which he sees as the tax best equipped to support protection and defense.

Access the Material

From Wikipedia: In No. 39, James Madison attempts to describe the nature of the United States Government as proposed by the Constitution. Rather than a strictly national or federal constitution, Madison argues, the government will be a hybrid of both, where the operation of the government will be republican but the principles of that operation will be democratic.

Access the Material

From Wikipedia: Federalist No. 42 is an essay by James Madison, contending that the grant of specific powers to the federal government actually operates to limit the power of the federal government to act with respect to the states. Madison specifically argues that having national regulations on interstate and international affairs allows states to operate together without violating individual states' rules.

Access the Material

A discussion on a consolidated republic in which the Farmer differentiates it from his definition of a federation, but remains fearful of the lack of state militias and of congressional power to levy taxes. He likens these powers to civil and military tyranny no better than monarchies or despotic governments. The Farmer also wonders whether surrendering these powers are worth the benefits of consolidating government while not explicitly declaring his argument Anti-Federalist.

Access the Material

Pennsylvania delegate Benjamin Franklin wanted to give a short speech to the Convention prior to the signing of the final draft of the Constitution. Too weak to actually give the speech himself, he had fellow Pennsylvanian James Wilson deliver the speech, in which he argues for pragmatism over dogmatism in adopting a general government for the people.

Access the Material

The supreme law of the United States that provides the framework for the government. The Constitution outlines the nation's institutions of government and the most important rights of the people. The document was created in 1787 during the Philadelphia Convention. The government created by the Constitution took effect on March 4, 1789.

Access the Material