Creating the Creating the ConstitutionConstitution

Two Instrumental MenTwo Instrumental Men

James Madison

Alexander Hamilton

Annapolis Convention• Hamilton called

for the Convention• Madison

persuaded VA to convene the convention

• Annapolis, Maryland 1786- 5 states sent 11 delegatesNY, NJ, Penn, Del, VA- approved Congress calling a special convention in Philadelphia next year

• PURPOSE: Revise the Articles

George WashingtonGeorge Washington

• Decided to attend • Motivated by Shay’s

Rebellion• Gave credibility to the

convention

• Someone else actually presided most of the time

• Sat with other delegates from VA

• Spoke formally only one time towards the end – everyone agreed immediately

• Mostly behind the scenes at dinners, teas, etc..

• In favor of a strong national government

Problem Faced by Ruling ClassProblem Faced by Ruling Class

1.1. Distrusted any concentration Distrusted any concentration of political powerof political power

2.2. Distrusted the people – Distrusted the people – “mob rule”“mob rule”

3. 3. Madison statedMadison stated, “At any given , “At any given time, only a distinct minority of time, only a distinct minority of citizens could be relied upon to citizens could be relied upon to set aside their private interests set aside their private interests in favor of the common good”in favor of the common good”

Philadelphia Convention

• May 25 to September 17, 1787

• Independence Hall, PA

Who Attended?Who Attended?• 55 men• 12 states – no Rhode Island• Average age 44- nearly half in their 30s

James Madison 36Gouvernor Morris 35Edmund Randolph 34Alexander Hamilton 32

• Oldest 81 Benjamin Franklin- provided wit, experience, and

common sense• \

• Varied experienceVaried experience30 fought in revolution30 fought in revolution

- 15 saw serious action- 15 saw serious action39 members of Continental Congress39 members of Continental Congress8 served on state Const. Conventions8 served on state Const. Conventions3 State Governors – 4 past Governors3 State Governors – 4 past Governors8 Signers of the Declaration of Ind.8 Signers of the Declaration of Ind.8 Judges8 JudgesMore than half were lawyersMore than half were lawyers¼ owned large commercial farms or plantations¼ owned large commercial farms or plantations31 college graduates31 college graduates2 college presidents2 college presidents3 college professors3 college professors2 future US Presidents2 future US Presidents1 future Vice President1 future Vice President17 future Senators17 future Senators11 future Representatives11 future RepresentativesAll were known in their states and at All were known in their states and at

least ¼ had national reputationsleast ¼ had national reputations

When When Jefferson Jefferson heard in heard in

Paris who Paris who would be at would be at

the the convention, convention,

he called he called them a them a

group of group of demigods.demigods.

Who did not Attend?

Patrick Henry: “I smell a rat”

Samuel Adams: not chosen

John Hancock: not chosen

John Adams: Envoy to England

Thomas Jefferson:Minister to

France

Thomas Paine: In Paris

Order and OrganizationOrder and Organization• George

Washington President of Convention- unanimous decision

• Majority needed to conduct business

• Every state got one vote

• First decision: Throw away Articles and start over

• Agreed to keep proceedings secret

• Kept windows and doors covered and closed

• Each state was given one vote• Issues voted on could be

brought up again

• “Father of the Constitution”

• Best prepared- came with a plan- Virginia Plan- controls agenda

from beginning “Every person seems to

acknowledge his greatness”

• Intellectual leader• Took detailed notes

- just over 600 pages- published after the death of the last delegate (himself)

James MadisonJames Madison

A Great ExperimentA Great Experiment• The Debates often alluded to:The Debates often alluded to:

- the eyes of the world on them- the eyes of the world on them

- carrying the hopes of people - carrying the hopes of people everywhereeverywhere

- the most important experiment ever - the most important experiment ever undertaken: can human beings live in undertaken: can human beings live in freedom under a government they run freedom under a government they run themselves?themselves?

• If it can work in America it can work If it can work in America it can work elsewhere?elsewhere?

Virginia Plan (large states)

• Called for National Govt.

- Legislative- Executive- Judicial

• Legislature = 2 Houses- lower house = representation based on population- upper house = elected by lower house, in reality based on population

New Jersey Plan (small states)

• One house legislature• Each state got 1 vote

- equal representation• Expanded powers

- tax- regulate commerce

What is the biggest difference What is the biggest difference between the two plans?between the two plans?

• How they dealt with How they dealt with representationrepresentation

• The key to government The key to government is representationis representation

The Great CompromiseThe Great Compromise• 2 House (bicameral) 2 House (bicameral)

CongressCongress• One based on populationOne based on population• One based on equal One based on equal

representationrepresentation

. Lower House = House of Representatives- elected by the people (only body elected by the people)- based on population

Upper House = Senate- appointed by state governments- every state got 2 representatives- equal representation

RepublicRepublicA state or nation in which the A state or nation in which the

supreme power rests in all supreme power rests in all the citizens entitled to vote. the citizens entitled to vote. This power is exercised by This power is exercised by representatives elected, representatives elected, directly or indirectly, by directly or indirectly, by them and responsible to them and responsible to

them.them.

3/5 Compromise3/5 Compromise• Part of the Great Comp.

• Established the practice for counting slaves as a part of the population towards representation

• Counted as 3/5 of a person

• Also counted towards taxation

Trade/Commerce CompromiseTrade/Commerce Compromise• Congress couldn’t tax exportsCongress couldn’t tax exports• Could not impose duty of more Could not impose duty of more

than $10 a head on imported than $10 a head on imported slavesslaves• Could not stop slave trade for 20 Could not stop slave trade for 20

yearsyears

- 10 states had already banned it- 10 states had already banned it

- Georgia and the Carolinas - Georgia and the Carolinas remainedremained

Election of President

• The President was not directly elected by the people• When the people voted they were actually casting a

vote for electors- # of Senators + # of Reps = electoral votes- a candidate won with a majority of electoral votes- if no majority was met, the House elected a Pres.- if no majority was met for VP the Senate elected

• Who would be sovereign?- States or the nation?

• Ultimately decided it was the people!- protected society from the tyranny of the majority- people should have a voice, but we should check the people! No one group should have power

Sovereignty?Sovereignty?

• The distribution of The distribution of power and power and authority among authority among the legislative, the legislative, executive, and executive, and judicial branches judicial branches of the governmentof the government

Article I

Article III

Article II

• A system of government in which power is divided between a central authority and constituent political units

• The central = national govt.• Constituent political units = state govt.

FederalismFederalism

Checks and BalancesChecks and Balances• Constitutional mechanisms that authorized Constitutional mechanisms that authorized

each branch of government to share each branch of government to share powers with the other branches and powers with the other branches and thereby check their activities thereby check their activities

- Presidential veto of law passed by - Presidential veto of law passed by CongressCongress

- Senate must approve Presidential - Senate must approve Presidential appointmentsappointments

- Supreme Court could declare a law - Supreme Court could declare a law passed passed by Congress as unconstitutionalby Congress as unconstitutional

• Adopted on September 17, 1787• Sent to the states to be ratified