Origins of the Constitution September 22, 2017 Objectives: Identify the Framers of the Constitution and discuss how they organized the Philadelphia Convention Compare and Contrast the Virginia Plan and the New Jersey Plan Summarize the Convention’s major compromises and the effects of those decisions
Origins of the Constitution Declaration of Independence Articles of Confederation
Origins of the Constitution Declaration of Independence John Locke Natural Rights Right to Life, Liberty, and Property Unalienable Social Contract Natural Rights are secured through a social contract between consenting citizens and the government Consenting citizens give up some liberties by agreeing to abide by the laws of society and, in return, natural rights are protected Thomas Jefferson Right to Life, Liberty and Pursuit of Happiness Protections for liberty in the face of power
Origins of the Constitution Articles of Confederation Established a “firm league of friendship” among the several states. Each kept its sovereignty, freedom, and independence Weaknesses the central government has little power over foreign trade the Confederation has no effective military force, couldn’t protect from threats External – Britain and Spain were interfering in the West Internal – Shay’s Rebellion (economic turmoil and peasant/farmer revolts each state issues its own coins and paper money changes in the Articles require a unanimous vote of the thirteen, makes it impossible to change the constitution at least nine states are required to decide major issues couldn’t tax, could only request money from states to support the central government
Constitutional Convention Because of the problems: Articles of Confederation Shay’s Rebellion Representatives from all states met in Philadelphia during the oppressively hot summer of 1787 ‘For the sole and express purpose of revising the Articles of Confederation’ However, one of the first things decided was to scrap the Articles of Confederation and start over
The Framers Benjamin Franklin James Madison William Patterson No Thomas Jefferson John Adams Sam Adams John Hancock Patrick Henry Rhode Island Benjamin Franklin James Madison William Patterson Edmund J. Randolph George Washington Alexander Hamilton “the well-bred, the well-fed, the well-read, and the well-wed” Average age is 42, 2/3 lawyers, 1/3 owned slaves James Madison “Father of the Constitution” spoke over 200 times took extensive notes
Constitutional Conflict Representation Virginia Plan – Edmund Randolph Large State Plan Representation was to be based on the population of each state or the proportion of each state’s revenue contribution
Virginia Plan Representation Large State Plan strong national government three branches strong legislative bicameral - lower house chosen by the people - upper house chosen by the lower house strong executive strong judicial small state delegates were very upset! Convention almost collapsed
Constitutional Conflict Representation New Jersey Plan – William Patterson Small State Plan each state would be equally represented regardless of population
Constitutional Conflict Representation Virginia Plan – Edmund Randolph Large State Plan Representation was to be based on the population of each state or the proportion of each state’s revenue contribution
Connecticut Compromise - Roger Sherman The Great Compromise created a bicameral legislature first house would be apportioned according to number of inhabitants in each state (House of Representatives) in the second chamber, each state would have equal representation (Senate) Established the process of compromise to resolve issues!
Constitutional Conflict Representation of Slaves? Fundamental difference lies between slave states and non-slave states South wanted to count slaves for tax purposes and representation Over 90% of all slaves resided in five states Georgia Maryland North Carolina South Carolina Virginia Eldridge Gerry (MA) – “If you want slaves to count, make them citizens and let them vote.”
Compromise 3/5 Compromise - Five slaves would be counted as three people supported by the slave states to increase representation supported by non-slave states that advocated for the principle or property representation Left slavery issue unresolved until the Civil War 1861
Commerce and Slave Trade Compromise Congress was forbidden to tax exports from any state also forbidden to act on slave trade for twenty years (1808) Left slavery issue unresolved until the Civil War 1861