Constitutional Convention Philadelphia, Pennsylvania May 25 – September 17, 1787
Declaration of Independence What was the purpose of declaring independence from Great Britain?
Timeline 1776 - 1789 1776 Declaration of Independence 1777 Articles of Confederation created 1781 Articles of Confederation ratified 1783 Treaty of Paris 1787 Constitutional Convention 1789 George Washington inaugurated as first President of the United States
Articles of Confederation 1777 - 1789 Branches of Government Confederation Congress No Judicial Branch No Executive Branch
Articles of Confederation Powers Granted to Congress Conduct Foreign Affairs Declare war and make peace Issue and borrow money Run postal service Powers Denied to Congress Establish executive branch Enforce national laws Enact and collect taxes Regulate trade Establish federal courts Amend the Articles
James Madison Delegate from Virginia Believed that revising the Articles of Confederation would not be enough Wanted a strong central government The Virginia Plan “Father of the Constitution” Took detailed notes during the Convention
The Virginia Plan Three Branches of Government Congress Legislative President Federal Courts Legislative Makes the Law Executive Enforces the Law Judicial Interprets the Law
The Virginia Plan Legislative Branch Who disagrees? Why? Bicameral – Two houses Upper House and Lower House Proportional Representation - Number of representatives is based on state’s population Power to make laws “in all cases to which the separate states are incompetent [unable].” Who disagrees? Why? Small states want equal representation
The New Jersey Plan Unicameral Legislature One House Equal Representation - Each state has the same number of representatives in Congress Supported by small states. Opposed by large states.
How can we solve this problem? Large states support the Virginia Plan Proportional Representation Small states support the New Jersey Plan Equal Representation
The Great Compromise “That the proportion of suffrage in the first branch should be according to the respective numbers of free inhabitants, and that in the second branch or Senate, each State should have one vote and no more.” -Roger Sherman, June 11, 1787
The Great Compromise Congress House of Representatives Proportional Representation – number of representatives based on a state’s population Senate Equal Representation – every state has two senators no matter what its population
House of Representatives Who do we count as part of the population? Northern states say free citizens only Southern states say everyone including slaves
Three-Fifths Compromise Art. 1, Sec. 2, Clause 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.”
Three-Fifths Compromise Art. 1, Sec. 2, Clause 3: “Representatives ... shall be apportioned...according to their respective numbers, which shall be determined by adding to the whole number of free persons...three-fifths of all other Persons.” 3/5
Slavery Slavery banned in many northern states Southern states will not support Constitution if it bans slavery Compromise: Congress will not ban the slave trade until 1808 Art. 1, Sec. 9, Clause 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...”
September 17, 1787 Delegates vote and pass the Constitution. 39 of the 42 delegates that were present signed the Constitution Three delegates did not sign: Edmund Randolph - wait for Virginia to vote George Mason – no Bill of Rights Elbridge Gerry – no Bill of Rights
“Whilst the last members were signing it, Doctr “Whilst the last members were signing it, Doctr. Franklin looking towards the President’s chair, at the back of which a rising sun happened to be painted, observed to a few members near him, that painters had found it difficult to distinguish in their art a rising from a setting sun. I have, said he, often and often in the course of the session...looked at that [sun] behind the President without being able to tell whether it was rising or setting: But now at length I have the happiness to know that it is a rising and not a setting sun.” James Madison, in The Records of the Federal Convention
What’s next? Thirty nine delegates signed the Constitution. Does that mean that it becomes law? Why would someone oppose ratifying the Constitution? What’s missing?
The Bill of Rights