The Constitutional Convention

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Presentation transcript:

The Constitutional Convention (1787) The room at Independence Hall where the historic debate took place in 1787.

The Constitutional Convention (1787) I. The Virginia Plan (Large State Plan) Proposed a three-branch government, w/separate judiciary. A bicameral legislature, both houses based on population. The Senate appointed. James Madison. A one-person executive, to serve a single-term of 7 years. This plan failed to get a majority vote.

The Constitutional Convention (1787) II. The New Jersey Plan (Small State Plan) Proposed a unicameral legislature, w/equal representation. It would have the power to raise taxes & regulate commerce. A multi-person executive, chosen by the legislature. William Patterson. This plan also failed to get a majority vote of the delegates.

III. The Connecticut Plan (The Great Compromise) It created a three-branch form of government, judicial branch had unspecified powers. The Legislative Branch: A bicameral legislature. *The House: based on population & elected. *A Senate, w/equal representation, appointed. 1. All revenue bills start in House. Senate approves treaties, cabinet members, & judges. 2. All legislation must pass both houses. Can override vetoes. 3. Article I, on the Legislative Branch, is the most comprehensive part of the constitution.

The Constitutional Convention (1787) III. The Great Compromise The Executive Branch A single executive, serving a four-year term, eligible for reelection. An Electoral College created to select president & vice president. Can Veto legislation (subject to congressional override). Can appoint judges, ambassadors, make treaties (w/senate’s approval). The Executive named Commander in Chief, but only Congress can declare war. Can be removed by congress for “high crimes” & misdemeanors.

The Constitutional Convention III. The Great Compromise (Continued) (1787) III. The Great Compromise (Continued) North-South Issues/Compromises: Even southern planters believed slavery to be a “necessary evil” which should whither away. 1. The “Three-Fifth’s Clause” implemented for “all other persons.” 2. The legal importation of slaves to end in 1808. 3. Nation’s capital moved to D.C.

Oxford Dictionary on “Federalism”: a system of government in which several states form a union, but remain independent in internal affairs.”

Once signed, document sent for ratification. An artists’ depiction of the 1787 Constitutional Convention

IV. The Ratification Process (1787-90) Decision to set-up state constitutional conventions. Need for nine of thirteen states to ratify document. Publication of The Federalist Papers. Federalist #10 by James Madison argued for a large union. Opposition by Anti-Federalists, who were usually from rural, western regions & distrustful of government. Anti-Federalists demanded a written Bill of Rights, to protect the individual. Promise to add Bill of Rights the key moment in ratification process. Ninth states agrees in 1788.

Key Bill of Rights in 1791 Amendment 1: Right to freedom of religion, free speech, press, to peacefully assemble & petition government. Amendment 2: To form state militia & to personally bear arms. Amendments 3 & 4: Government can’t quarter soldiers in homes, protects privacy & rights of search and seizure. Amendments 5 & 6: Due process of law, double jeopardy, self incrimination, right to speedy & fair trial. Amendment 8: Protects against cruel & unusual punishment. Amendment 10: Powers not specifically delegated by constitution are reserved to the states and to the people.* *Article I, Section 8: Congress has the power to pass all laws which are “necessary & proper” to carry our their tasks.