The Constitutional Convention

May 14 – September 17, 1787

“ . . . The situation of this Assembly, groping as it were in the dark to find political truth . . .” -Benjamin Franklin, June 1787

The Articles of Confederation

Strengths:• States retain their rights

• Establishes Post Office – communication among states

But it establishes a weak central government…

Weaknesses:• Loose league of friendship

• No President

• No Judicial System

• No power to tax

• No power to regulate commerce

• No power to enforce treaties

• All states must consent to AMMEND• 9/13 consent to pass laws

• One vote for each state regardless of size

Nationalists

Believed United States would not survive without a stronger central government - Washington, Adams, Franklin, Hamilton, Madison

1786 - James Madison called a convention of all states to discuss trade and taxes

Goal:Balance states rights with the need for a stronger central government

States rightsCentral

government

Convention

• Only 5 states attended in Annapolis, Maryland

• Alexander Hamilton called for convention May 1787 - Philadelphia

Constitutional Convention

• May 14, 1787• Philadelphia Pennsylvania – Statehouse• 55 Delegates Represented 12 States• Rhode Island only state not to attend• Vow to Secrecy

Delegates:

Alexander Hamilton – New York

Roger Sherman – Connecticut

James Madison – Virginia – well prepared & kept a record of debates

“Father of the Constitution”

George Washington - elected presiding officer

Benjamin Franklin- 81 years old!

CompromisesLarger states feel misrepresented

Virginia proposes plan

Virginia Plan• Scrap the Articles entirely• Bicameral Legislature

• 2 houses• 1 house –

representation based on population & elected by voters of state

• 1 house – nominated by state government & elected by 1st house

Virginia Plancontinued…

• Divide government into 3 branches: Legislative, Executive & Judicial

• Right to tax

• Right to regulate foreign & interstate commerce

• Under Articles – could tax coming & going

NO regulations at allNo Power to veto any law

Virginia Plancontinued again…

Add Executive & Judicial Branch Opposed by smaller states –

Larger states would outvote them

Counterproposal

New Jersey Plan• Modify Articles only to make

central government stronger – states more power

• Unicameral legislature - Single House

Each state would be equally represented

• Power to tax

• Power to regulate trade

William Paterson

Decision Time• June 19th - Delegates debated & proceeded with

the Virginia Plan

• Decided NOT to revise Articles of Confederation but…

…CREATE a new Constitution

The Connecticut Compromise

a.k.a. The Great Compromise of 1787

• Divided geographically • Small states wanted protection from voting

power of big states.• July 1787 – Turning point• Special Committee to resolve differences –

Franklin chairs

Franklin’s CommitteeConnecticut Compromise

a.k.a. The Great Compromise

Bicameral legislature – 2 houses

1 house – House of RepresentativesBased on states population –

elected by eligible voters1 house - Senate

Equal representation chosen by state legislatures

Senate

House of Representatives

Bundle of Compromises

Three Fifths CompromiseHow to Count Slaves?

Do not count as 1, instead every 5 slaves would count as 3 free persons

Reason – determine representation in House & TaxesSlaves would not have any voting rights or any other governmental rights.

What to do about…Slavery?

• Some states wanted to end slavery.

• Southern states would not accept this.

• The states agreed to end the slave trade by 1808.Constitutional Convention

Constitution

Framework/Skeleton Basic framework of our government An Outline

6 Basic Principles of the Constitution

Popular Sovereignty

PEOPLE POWERThe People hold the power of Government.

#1

#2 Limited GovernmentThe Government is not all powerful.

It only does those things that the people have given it the power to do.

#3 Separation of PowersPowers among the 3 independent & coequal branches of government

Legislative Executive JudicialArticle I Article II Article III

#4Checks & Balances

Legislative Judicial

Executive

Checks & Balances System in which each

branch of government has the ability to limit the power of the other branches to prevent any from becoming too powerful.

6 Basic Principles of the Constitution

Judicial Review The courts have the power to decide whether what the government does in accord with what the Constitution provides.

Determines if government actions are unconstitutional – or not.Marbury versus Madison

#5

6 Basic Principles of the Constitution

FederalismDivision of power among a central government and several regional governments.

#6

Federalism Federal Government

Enumerated Powers

Powers given to

the National Government Declaring War

Reserved Powers

Powers given to the States

Educational Systems

Powers held & exercised by BOTH

National & State governmentsPower to Tax

Concurrent Powers

Ratifying the Constitution Federalists –

For RatificationJames Madison, George Washington, Alexander Hamilton & John Jay

Ratifying the Constitution Federalists –

Madison, Hamilton & Jay wrote The Federalist, Joint name of Publius

85 essays – mostly published in New York Newspapers

Explained how the new Constitution worked & why it was needed.

Ratifying the Constitution Antifederalists –

Not totally against federalismJohn Hancock, Patrick Henry, Richard Henry Lee

Issue – whether or not the national government or state government would be supreme

Ratifying the Constitution Antifederalists –

Edmund Randolph & George Mason believed the Constitution should include a Bill of Rights.

Sam Adams agreed & believed the Constitution endangered independence of states (rights).

Adding the Bill of Rights allowed the Constitution to be ratified.

The Preamble