Creating The Constitution

2-4

The Framers

• The Philadelphia Convention

• 12 of 13 Present– Rhode Island Chooses Not To Attend– 55 Legislators From 12 States– “An Assembly Of Demigods”

The Framers Included:

• Funky G Dubb

• James Madison

• George Mason

• Ben Franklin

• Alexander Hamilton

• John Rutledge

Vast Knowledge and Public Experience

• Many of those present had fought in Revolution– Attendance at previous conventions– Vast array of ages– Many of the “big names” did not attend for

various reasons

Wealth and Prestige

• Could there have been ulterior motives?

• Of The 55:– 34 Lawyers– 14 Held land for speculation– 24 Had money loaned– 11 Were investors of various sorts– 15 Owned slaves– 5/6 Stood to benefit financially

Organization and Procedure

• Independence Hall, May 35, 1787– Majority needed to conduct business– Each State gets one vote

• Majority carries a proposal

Organization and Procedure

• Immense public attention– Adopted a rule of secrecy

• William Jackson– Journal– Sketchy, limited info– Incorrect info– Many delegates took own accounts

Organization and Procedure

• James Madison– Notes– Became floor leader in debates– “Father of the Constitution”

• Few matters resolved in committee– Work done by full body

The Decision

• The Philadelphia Conventions original plan:– To revise the Articles of Confederation– Quickly came into agreement that wasn’t what

they were doing

The Decision• Once debating began on issues and

proposals it became intense– Main goal of Convention was never

abandoned

The Virginia Plan

• Virginia had a lot to do with calling the Convention– Presented in Virginia Plan– Written by Madison

The Virginia Plan

• Specifics:– Gov’t would have 3 branches– Bicameral Congress– Representation by population or money– Lower House – popularly elected– Upper House – Chosen by House from list of

people nominated by State Legislatures

The Virginia Plan

• Powers of Congress– All powers listed in Articles– Veto any state law in conflict with national law– Use force if necessary to make states obey– “All cases in which the separate states are

incompetent”

The Virginia Plan

• Congress Would Choose National Executive– Also would choose a National Judiciary

» These were 2 branches that would form a:

– “Council of Revision”– Could veto acts of Congress

The Virginia Plan

• State officers take oath to Union– States were guaranteed a Republican form of

Government– Congress holds power to admit new states

The Virginia Plan

• Summary:– Greatly expanded powers – Power to enforce decisions– Small states opinion…

The New Jersey Plan

• William Paterson

• Unicameral Congress– Equal Representation

• Add power to tax and regulate trade

• Federal Executive of more than 1 person– Chosen by Congress– Could be removed at any time

The New Jersey Plan

• Biggest Difference:– How the states would be

represented– Most bitter of all arguments

Connecticut Compromise

• Congress would be bicameral– Senate – equal– House – population

• Everyone is happy with this decision

• CT Compromise = Great Compromise

3/5 Compromise

• Should slaves count in population?

• 3/5 Compromise: Count all free persons and 3/5 of all other persons– The 3/5 cost the South dollars– North reluctantly agrees

Commerce and Slave Trade Compromise

• Agreed Congress should be able to regulate trade– Would the North have too much control over

the interests of the South?– Would the South have to pay export duties on

their crops to fund the new government?– Would the slave trade be messed with?

Commerce and Slave Trade Compromise

• Congress is now forbidden to tax exported goods from any state

• Couldn’t touch the slave trade for 20 years (1787)

Bundle of Compromises

• “Sawing boards to make them fit”

• Many major decisions based on compromise

Bundle of Compromises

• Main point was not compromised on:– Creation of a new central government– Popular Sovereignty and limited government

• Representative government• Separation of powers• Checks and balances

Sources of the Constitution

• The Framers were very well educated and well read– Very familiar with many different kinds of

government– Also used own experiences– Many ideas came directly from Articles

Convention Completes Its Work

• All ideas organized into one body

• 39 sign it