1 of 24

The Constitutional Convention

Problems like Shays’ Rebellion revealed the weaknesses of the Articles of Confederation

This event convinced many U.S. citizens that our 1st written plan of government needed

to be revised/rewritten

2 of 24

25 May 1787, Philadelphia at Independence Hall

Original purpose was to revise the Articles of Confederation and prevent “mobocracy” 12 of 13 states present (Rhode Island absent because they opposed a

stronger central govt)

55 delegates

8 signed DOI, 7 governors, 44 were members of the Continental Congress, 29 had served in the Revolutionary War, Gen.

Washington, Madison (2 future U.S. presidents,) Ben Franklin

3 of 24

What was the Purpose of the Constitutional Convention and why were some of the radical members of the American Revolution suspicious of this meeting?

4 of 24

Votes on decisions made: equal representation (one vote per state)

Rule: keep discussions from the convention secret – WHY?

To avoid public pressure and allow delegates to speak freely

How would the revised document be ratified?

“Majority rules” – 9 out of 13 would have to sign new document to ratify (pass)

*Technically it should have been unanimously agreed upon when there was a change in the AoC*

5 of 24

Representation Plans Proposed

Virginia Plan proposed by James Madison

-3 branches (Legislative, Executive, Judicial)

-Bicameral Congress (2 houses) with the amount of representatives given based on population of state

Appealed to MA, NY, PA, VA

Large states would have more lawmaking votes than smaller states

New Jersey Plan proposed by William Paterson; similar to the AoC’s current plan

-Unicameral Congress with equal votes per state; not based on pop.

-“Group” executive branch

Appealed to MD, DE, NJ

Promoted states’ rights and kept the

power concentrated at that level

6 of 24

4/27/2016

JAMES MADISON

“FATHER OF CONSTITUTION”

  • THREE MAJOR CONCEPTS:
    • National Principle: federal supremacy.

    • Separation/Sharing of Powers.

    • Benefits of “Extended Republic”.

7 of 24

Explain the significance of James Madison’s contribution to the Constitution and the American Government.

8 of 24

EXECUTIVE BRANCH CREATED

  • President: “chief executive”.

  • PRESIDENTIAL POWERS:
    • COMMANDER IN CHIEF
    • APPOINT DOMESTIC OFFICES (Ex: Judges)
    • VETO LEGISLATION

  • ELECTORAL COLLEGE: delegates to “indirectly” elect the president.

4/27/2016

9 of 24

JUDICIAL BRANCH CREATED

  • Supreme Court + courts created by Congress.

  • Settle disputes between states & adjudicate federal issues.

  • SCOTUS justices appointed for life by president (confirmed by Senate).

4/27/2016

10 of 24

Compromise Reached

Connecticut Plan”

Roger Sherman proposed the

“Great Compromise”

-Bicameral legislature with one house based on population & the other house given equal representatives

House of Representatives: number of delegates a state received would be based on the number of people in that state; tax/appropriation bills would need to start here

Senate: equal representation; 2 Senators per state, regardless of size

11 of 24

The Three Branches

  • Executive Branch
    • The President and Vice President-4 yr. terms.

  • Legislative Branch
    • 100 Senators (2 per state)-6 yr. terms;�435 Representatives (based on population)-2 yr. terms

  • Judicial Branch
    • Appointed by the President, with approval of the Senate: U.S. Supreme Court, 12 appellate courts, and 90 district courts.

11

4/27/2016

12 of 24

12

4/27/2016

13 of 24

The Issue of Slavery

At the time: 550,000 slaves in the U.S. What would Southern states want? (What would be the impact of counting slaves or NOT counting them?)

3/5ths Compromise: 3/5ths of a

state’s enslaved population would count towards a state’s population in the HoR

One argument of Northern delegates was that since slaves weren’t allowed to vote or participate in govt why should they count at all?

Slave Trade Compromise: Southern delegates agreed that Congress could regulate trade between the states IF Northern delegates agreed not to interfere with the transatlantic slave trade and revisit the issue in 1808

*Northern delegates wanted imports taxed, but to avoid upsetting the Southerners, it was agreed not to tax exported goods

14 of 24

Issues up for Debate

  • Representation in Congress:

-Larger states argued they had more people so more representatives from that state (more voice in legislation)

-Smaller states argued that having

a small population shouldn’t mean they don’t get as many representatives

  • Slavery:

Should a state’s slaves be counted in the population for representation? Should we ban it altogether?

  • Economic issues:

-Congress given the power to tax, maintain and regulate trade, print and coin $, tariffs, etc.

15 of 24

How did the members of the convention utilize compromise to best meet the needs of all representatives?

16 of 24

U.S. Constitution

  • Much stronger central/ federal/national govt
  • National govt had the power to tax citizens to earn revenue
  • National govt regulates trade between states (interstate commerce)
  • Executive branch with a president (elected by the Electoral College) who would also be Commander- in-Chief of the armed forces
  • Needed 9 of 13 to ratify
  • Scratched the “Confederation” idea in favor of more of a true Republic

17 of 24

Ratifying the U.S.C.

Federalists formed in support of the passage of the United States Constitution

-Favored stronger national govt (“NATIONAL”ists); many landowners who wanted property protection that a strong govt could provide

Federalist Papers: essays printed in newspapers to support the U.S.C.’s ratification; Alexander Hamilton, James Madison, and John Jay authored under the pen name “Publius”

18 of 24

Debating the Constitution

Federalists

Anti-Federalists

Leaders

George Washington, Benjamin Franklin, James Madison, Alexander Hamilton

From VA- George Mason and Patrick Henry

From Mass- James Winthrop and John Hancock

From NY- George Clinton

Arguments

Stronger central government was needed to maintain order and preserve the Union

Stronger central government would destroy the work of the Revolution, limit democracy and restrict states’ rights

Strategy

Emphasized the weakness of the Articles of Confederation; showed their opponents as merely negative opponents with no solutions

Argued that the proposed Constitution contained no protection of individual rights, that it gave the central government more power than the British ever had

Advantages

Strong leaders; well organized

Appealed to popular distrust of government based on colonial experiences

Disadvantages

Constitution was new and untried; as originally written, it lacked a bill of rights

Poorly organized; slow to respond to Federalist challenge

19 of 24

Anti-Federalists opposed the U.S.C. (they were against a strong national govt

that the new constitution had created)

-Thought a strong national govt would take away the rights they fought for in the Revolution

-Feared new govt would favor the wealthy instead of the common people because it did not list out rights guaranteed to citizens

Compromise?

Federalist promised a Bill of Rights in exchange for ratification

20 of 24

21 of 24

Explain the major differences between the Federalists and Anti-Federalists. How did the Constitution address those differences?

22 of 24

…17 Weeks Later

17 September, 42 members were left at the Convention, 3 refused to sign the Constitution; special elections were held in the states for members of the ratifying conventions

PA MA and the total 9 needed by 21 June 1788

VA and NY finally ratified, NC held a convention but never voted and RI never even held a convention

23 of 24

Why the Federalists Won…

  • Articles of Confederation had to be reformed / discarded

  • Well-organized national group (Fed. Papers).

  • Anti-Federalists: negative group with no plan

  • Bill of Rights to be added

  • FEDERALISTS HAD GEORGE WASHINGTON…and some of the greatest minds in America.

24 of 24

How does the Constitution provide ways to address factional disagreement according to the speaker? Do you agree with his argument?