The Constitutional Convention A Few Problems to Sort Out

A Little Background… A convention was called in 1787 to fix the failing Articles of Confederation The convention took place from May 25 to September 17, 1787 Located in Philadelphia, Pennsylvania Delegates from 12 states attended most of the meetings (Rhode Island did not attend) Debates were closed to the public and kept secret James Madison considered the “father of the Constitution” because of all the records he kept

Who’s Who at the Convention? Alexander Hamilton Delegate from New York A Strict Federalist George Washington Unanimously elected president of the convention Former leader of the Continental Army

James Madison Roger Sherman Benjamin Franklin Delegate from Virginia Considered the ‘father of the constitution’ because of all the notes he kept Roger Sherman Delegate from Connecticut Helped to develop the ‘great compromise’ Benjamin Franklin Delegate from Pennsylvania Famous diplomat (travelled to foreign countries)

Issues facing the Convention How should people be represented in government? What should Congress look like? What should people do about slavery?

Key Conflicts of the Constitutional Convention Strong Central Gov’t Strong State Gov’t Authority comes from the people Federal government has more power than the states Authority comes from the states States remain stronger than the federal government Large States Small States Congress should have 2 houses – BICAMERAL LEGISLATURE Representation is based on population of a state in both houses Congress should have 1 house- UNICAMERAL LEGISLATURE Each state has one vote in Congress regardless of size or population North South Slaves should NOT count towards a state’s population Slaves should be taxed Slave trade should be limited or stopped altogether Congress should pass TARIFFS and taxes to protect business Slaves SHOULD count towards a state’s population Slaves should NOT be taxed Slave trade should not be regulated by the national government Congress should NOT pass TARIFFS

Representation The Virginia Plan Proposed by Edmund Randolph Wanted a bicameral (two house) Congress States would gain representatives based on the population Wanted for a national government that consisted of three branches with supreme power Legislative, executive, judicial Supported by the larger states of the south

Representation The New Jersey Plan One house Congress (unicameral) All states have an equal vote (this was similar to the Articles of Confederation) States were thought of as independent Support by the small states

The Great Compromise Suggested by Roger Sherman Decided on a bicameral legislation (Congress) The House of Representatives Based on state’s population Senate Represented by an equal number from each state

• It provided for a bicameral Congress. Virginia Plan New Jersey Plan - It called for a bicameral legislature, in which the number of representatives in each house would depend on the population of the state. - Both plans called for a strong national government with 3 branches. - It called for a unicameral legislature, in which every state received one vote. Great Compromise • It provided for a bicameral Congress. A. House of Representatives – each state is represented according to its population (satisfied the VA Plan) B. Senate – each state has 2 Senators (satisfied the NJ Plan) * Both houses of Congress must pass every law.

Should slaves count in the population? The south wanted to count slaves as part of their population because it would increase their representatives The northern states did not want this What should be done?!?!

The Three-Fifths (3/5) Compromise For every five slaves, the state would receive a count of three people towards their representatives Created by James Wilson and Roger Sherman

Three-Fifths Compromise • In order to determine the population of a state, only 3 out of every 5 slaves would be counted.

…But What About Trade? Southern states wanted the states to have control over the regulation of trade Feared a national ban on the slave trade Feared a duty (or tax) on agricultural exports Northern States wanted the national government to regulate trade Wanted the national government to be able to collect tariffs and duties

Another Problem!?!? Almost every single state could agree that there was a need for strong central figures, like the president However, the issue of how to elect the new president, and about how that office should be served arose

Southern States Wanted the state legislations to elect the president Wanted the president to serve a short term Wanted a limit on the number of terms a president could serve

Northern States Wanted the direct election of the president by qualified voters Wanted a longer term for the president Did not want any limits on the number of terms a president could serve

Presidential Compromise Indirect election of the president by the Electoral College 4 year term No limit on the number of terms* * A two limit term was added by the 22nd amendment in 1951

Ratification In order to make the constitution official, 9 of the 13 states had to approve Special elections were held delegates were chosen by voters for a state convention Those delegates would vote to approve or reject the constitution

Two Sides Federalists Antifederalists Supported the constitution Believed a strong central government was needed Believed separation of powers and check and balances would protect individual freedoms Antifederalists Disapproved of the constitution Believed power should stay with individual states Believed the Constitution did not go far enough to protect individual freedoms

Federalists Led by George Washington, James Madison, and Alexander Hamilton Supported STRONG CENTRAL GOV’T Were supported by urban centers and small states Wanted the Constitution to be ratified as it was written – without a BILL OF RIGHTS

The Federalist Papers Written by Alexander Hamilton, James Madison, & John Jay Encouraged Americans to support The Constitution even though it did not have a Bill of Rights 85 Essays that explained Constitutional provisions such as: Separation of powers Power of majorities Limits of governmental powers

Antifederalists Led by Patrick Henry and Samuel Adams Supported by rural farmers and large states Published “Letters from the Federal Farmer” to explain that they believed freedom of the press and religion needed to be protected Wanted a Bill of Rights to ensure basic liberties of the people

Final Results Three branches of government House of Representatives Population Senate Equal representation Slaves count at 3/5 in population

More Results Federal regulation of interstate and international trade No export duties for 20 years No slave bans for 20 years President is elected by the Electoral College 4 year term No limit on number of terms

U.S. Constitution

Parts of the Constitution Preamble-States the purpose Article 1- establishes Legislative Branch Article 2-establishes Executive Branch Article 3-established Judicial Branch Article 4-relations among states Article 5-how to amend the Constitution Article 6-supremacy of national government Article 7-ratifying the Constitution

Purpose of the Preamble The Preamble of the Constitution establishes what the founding fathers wanted to do with our new government It is like an introduction paragraph (states the purpose) There are six goals established in the Preamble

6 Goals of the Preamble 1st- “In order to form a more perfect union..” The writer of the Constitution were formally stating that the original government, the Articles of the Confederation, did not work. 2nd- “Establish Justice” All of the laws that are created under the new constitution must be fair and reasonable for all citizens to follow. 3rd “Insure domestic tranquility” With the creation of the new constitution, the founding fathers wanted to create peace within the new nation.

4th- “Provide for the Common Defense” The new nation realized that to be able to defend themselves, they needed to create a strong army and navy. 5th- “Promote the General Welfare” The individual governments of the states needed to come together for the well-being of the country as a whole 6th “Secure the Blessings of Liberty” Lastly, to ensure this new government would stand the test of time for generations to come