Constitutional Convention Members Principles Agreements and compromises

Members 55 delegates White Males Statesmen, lawyers, planters. bankers, businessmen Most under age 50

Absent John Adams- ambassador to England Thomas Jefferson- ambassador to France Patrick Henry- “smelled a rat” Sam Adams- not chosen by state to be part of the delegation

Famous Members Alexander Hamilton- leader of strong government George Washington- chairman of the convention James Madison- ‘father of the Constitution’ Benjamin Franklin- oldest member at 81 was also at the 2nd Continental Congress

Principles of the Constitution Checks and Balances- A political system in which branches of government have some authority over the actions of the other branches Limited Government- the idea that government is not all powerful, but can only do what the people allow it to.

Principles of the Constitution Federalism- the division of power between a central government and states National level State level Local level

Principles of the Constitution Popular Sovereignty- the people rule. The power of the government is based on the consent of the governed. Separation of powers- the division of the government into three separate branches: executive, legislative, and judicial.

Agreements and Compromises All agreed that rights to property should be protected. Ben Franklin proposed universal suffrage for all males, but most wanted only those with land to vote Most delegates favored a bicameral legislature

Agreements and Compromises Virginia Plan- favored by large states Proposed by James Randolph Written by James Madison Endorsed by Alexander Hamilton government with a bicameral legislature Large house elected by popular vote Smaller house chosen by lager house members from nominees chosen by state legislatures Number of Representatives based on wealth

Agreements and Compromises New Jersey Plan- favored by small states Proposed by William Paterson Unicameral house Each state one vote Did not require a strong central government

The Great Compromise Aka: Connecticut Compromise Bicameral house- benefit all states One house called Senate Members chosen by the state legislatures Each state gets one vote One house called House of Representatives Members chosen by population Number of members based on population

Agreements and Compromises Three-fifths clause favors Southern states All slaves would be counted in the census for representation in the House as 3/5ths

Agreements and Compromises Electoral College People chosen by the state legislatures Vote for president and vice-president Supposed to reflect the will of the people

Agreements and Compromises Slave and trade compromise Benefits both North and South No taxes on exports No interference with the slave trade for 20 years

Agreements and Compromises Amendment compromise 2/3 vote of each house of Congress and ratified by ¾ of the state legislatures 2/3 vote of both houses and ratified by state conventions of ¾ of the states (used 21st amendment)

Agreements and Compromises Proposed by a national constitutional convention requested by 2/3 state legislatures and ratified by ¾ state legislatures (never used) Proposed by the national constitutional convention and ratified by ¾ of the specially formed state conventions

Agreements and Compromises Informal Amendments- broad language allows for interpretation as things and events change our country Legislature- Commerce clause (art. 1 sec. 8) Legislation dealing with technology not even thought of when the Constitution was written.

Agreements and Compromises Executive – Presidents make executive agreements with other countries. Not a delegated power Do not have to be ratified by the Senate

Agreements and Compromises Judicial- Judicial review- the power of the court to interpret the Constitution Judicial power to determine if a law is unconstitutional

Criticism of Constitution Does not protect the rights of the individual Does not protect states rights Gives a central authority too much power

Differences Between Articles and Constitution… Passing Legislation Constitution – simple majority – easier to get things done A of C – two-thirds Executive Constitution – a single President – not a lot of power at first (would get stronger) A of C – No executive Power of the Federal Government Constitution – potentially strong A of C – very weak

Differences Between Articles and Constitution… Amendment process Constitution – 2/3 of both houses of Congress + ¾ of State conventions A of C – virtually impossible - need a unanimous vote Constitution The Constitution is a less democratic document Takes power away from common voters More aristocratic Creates a stronger federal government – this is a danger in the eyes of many

Federalists –vs- Anti-Federalists Supported Constitution Most of the distinguished people in the country George Washington, John Adams, Ben Franklin, Alexander Hamilton, John Jay Well-funded, well-organized, politically experienced Wanted a strong federal government Wanted a strong executive Wanted a government that was respected abroad and at home put down insurrections Act decisively – even if done by sacrificing some rights

Federalists –vs- Anti-Federalists Opposed Constitution More democratic States rights Wanted strong local government, not fed government Small farmers, small business people, artisans. Felt they didn’t need a strong government to protect their interests Less funded, less educated, less organized

Ratification Constitution was drafted and signed by 39 delegates on Sept 17, 1787 Some states were very pro-constitution and they ratified easily. Dec 1787-Jan 1788 Delaware Pennsylvania New Jersey Georgia Connecticut Other states followed between Feb – Jun in 1788 Massachusetts Maryland S Carolina New Hampshire Final group of four NY N Carolina Rhode Island Virginia Why was 9 of 13 states, as Article VII stated was required, insufficient?

Federalist Papers 85 pamphlets & essays supporting the Constitution Written by Alexander Hamilton, James Madison, & John Jay Cited in Constitutional interpretation debates Lens into the ideas of the founding fathers Large government would provide stability and security Federalist #10 – How to create a strong government while preserving freedom Federalist #51 – Separation of powers and checks and balances

Bill of Rights Anti-federalists refused to sign the Constitution Did not protect the people against the central government Needed a statement of individual freedoms Required to prevent the country from falling into tyranny Anti-federalists tried to influence state ratification processes by writing pamphlets and newspaper articles They would often take on pseudonyms of the Roman Republic, like Brutus Some argued that the federal government would degenerate into a tyrannical entity Federal Bill of Rights - #1 priority of the new Congress