Constitution Convention GUIDED NOTES 2 Day 41+42 Objectives Identify the important members, goals and conditions at the Constitutional Convention Analyze the compromises and winners and losers of the Constitution Convention

Constitution Convention GUIDED NOTES 2 Outline for this Unit Articles of Confederation and why they fail Convention facts and who is there 2 Compromises in the Convention Principles – Federalism, Checks and Balances, Separation of Powers 7 Articles, powers for each branch How a Bill Becomes a law How to make an Amendment Electoral College Ratification – Feds vs Antifeds Bill of Rights Done Done

How Issues Were Passed How does voting work at this convention? By state (like 2nd Cont Congress) # of states needed to approve an issue? 7 of 12…simple majority The bigger # to worry about… 9 of 13 states have to ratify the Const!!

What does Ben Franklin mean? Index Card 5pts If this Convention fails we would…“become a reproach and by- word down to future ages. And what is worse, mankind may hereafter, from this unfortunate instance, despair of establishing governments by human wisdom, and leave it to chance, war and conquest.” What does Ben Franklin mean? Provide Context, Text, and Subtext

This issue gets heated in the room and takes time and ______to solve Issue #1…Restructuring The Legislative Branch We know what is wrong with the Congress under the Articles of Confederation… This issue gets heated in the room and takes time and ______to solve Compromises MUST BE MADE Convention almost collapses on this issue

Option 1 - Virginia Plan Edmund Randolph Bi-Cameral Population “Large State Plan” “___________ Congress” Means? How is representation determined for each state? How is a representative picked for each house? Lower house – popular election in that state Upper house – nominations from state legislatures (questions here?) Edmund Randolph Bi-Cameral Population

Constitution Convention GUIDED NOTES 2 Who likes this Plan? Who dislikes it? Likes? Big states (VA, PA, NY) Dislikes? Small states (NJ & DE) Can this plan get 7 of 12 votes and then 9 of 13 ratifications?

Option 2 - NJ Plan William Paterson Uni-Cameral “Equal” number “Small state plan” ____________ Congress Means? How is representation determined for each state? How is a representative picked for the one house? nominations from state legislatures… Where are the changes to the Articles of Confed? William Paterson Uni-Cameral “Equal” number

Both the VA & NJ Plans believe in Separation of Powers 3 Branches of Government! Both the VA & NJ Plans believe in Separation of Powers

New Federal Powers? Congress Can… Fed Gov vs States Tug of War?  Tax Regulate foreign and interstate commerce Fed Gov vs States Tug of War?  VA Plan wants who to win? NJ Plan wants who to win?

The Solution? The Great Compromise VA and NJ Plans? By Conn delegates Roger Sherman and Oliver Ellsworth VA and NJ Plans?

Philosophy of the Great Compromise? Mixed Government!! Every voice/class is heard Many examples in history of Mixed Government USA Exec = one Senate = few House = many England King = one Lords = few commons = many Rome Consul = one Plebians = many

Issue #2 = What to do with Slavery What do the men at the 2nd Constitution Convention think of slavery?

“Every master of slaves is born a petty tyrant “Every master of slaves is born a petty tyrant. They bring the judgment of heaven upon a Country. As nations can not be rewarded or punished in the next world they must be in this. By an inevitable chain of causes and effects Providence punishes national sins, by national calamities.” (one of the largest slave owners in the USA!) George Mason August 22, 1788

Issue #2 = What to do with Slavery What do the men at the 2nd Constitution Convention think of slavery? What do the men think about the future of slavery?

USA in 1787

Issue #2 = What to do with Slavery What do the men at the 2nd Constitution Convention think of slavery? What do the men think about the future of slavery? What do they do about the future of slavery in  Is the Constitution a Pro or Anti-Slavery document?

Issue #2 = What to do with Slavery The 2 views of it at the Convention? Abolitionists want it gone (BF) South must have it or no Const… “Every Republic in history had it.” (Athens, Rome, Sparta) 20% of USA Pop is slave 40% of South = slave Can the Constitution Convention get rid of it?

Where do we see “Slavery?” Article 1 Sec 2 Par 3 Representatives and direct Taxes shall be apportioned among the several States which may be included within this Union, according to their respective Numbers, which shall be determined by adding to the whole Number of free Persons, including those bound to Service for a Term of Years, and excluding Indians not taxed, three fifths of all other Persons

North wants each slave… So slavery can’t/won’t be removed…So then what? North wants each slave… Taxed…why? South wants each slave… To count in population… why?

Both sides demand to get their way Solution = Each slave counts as 3/5ths of a person 3/5th for population 3/5th for taxes Bigger winner? South

Constitution Convention GUIDED NOTES 2 The South should be VERY happy! The 3/5 compromise artificially inflates the power of the south Slaves are counted as a fraction of a person but get 0 rights So a landowner in South Carolina with one slave now counts as 8/5 of a vote versus a landowner in NY who has a 5/5 vote.

When to abolish the Trans-Atlantic slave trade? Article 1 Sec 9 Par 1 “The Migration or Importation of such Persons as any of the States now existing shall think proper to admit, shall not be prohibited by the Congress prior to the Year one thousand eight hundred and eight, but a tax or duty may be imposed on such Importation, not exceeding ten dollars for each Person.” When to abolish the Trans-Atlantic slave trade? Article 5… …provided that no Amendment which may be made prior to the Year One thousand eight hundred and eight shall in any Manner affect the first and fourth Clauses in the Ninth Section of the first Article…

When to abolish the Trans-Atlantic slave trade? The Convention wrote in the Constitution for the debate to be put off for 20 years Only in 20 years can Congress talk about abolishing the slave trade South got their way again A certain topic of slavery was not written in the Constitution, which is a problem (loophole) When to abolish the Trans-Atlantic slave trade?

Constitution Convention GUIDED NOTES 2 First House of Reps North states = 35 Reps South states = 30 Reps 2/3rd Representatives are needed to Propose an amendment in the House (where they start) What does this mean for slavery? How else does the South win because of the artificial increase in House Reps?

Election of

We haven’t discussed this yet!!

Last info on slavery People did their part to fight slavery 1777 – Republic of Vermont 1780 – MA and PA 1784 – CT and RI 1799 – NY…LATE 1804 – NJ…LATE