Creating the Constitution

1. Constitutional Convention Framers met in Philadelphia in 1787 Divided over views of the appropriate power and responsibilities of government Some thought current gov’t (under Articles of Confederation) was weak and ineffective Others thought changes to the Articles would infringe on state gov’ts and the lives of citizens All agreed that a stronger central government was needed

Washington Addressing the Convention

2. Creating a New Constitution Issue: Representation in Congress Virginia Plan Representing large states 2 house legislature Both houses with proportional representation 3 branches of government Clause that national gov’ts laws are supreme in dispute with state law --> supremacy clause

Edmund Randolph- Proposed Virginia Plan

Issue: Representation in Congress New Jersey Plan Represented small states One house legislature with equal representation Federal judges appointed for life Plural executive Instituted even stronger supremacy clause

William Paterson, author of the New Jersey Plan

Issue: Representation in Congress Connecticut (“Great”) Compromise 2 house legislature (bi-cameral) Upper house (Senate) would have equal representation and be elected by the lower house Lower house (House of Representatives) would be based on proportional representation Federal judges appointed for life

Roger Sherman, author of the CT Compromise

Issue: Regulation of Interstate and Foreign Trade Commerce and Slave Trade Compromise Gave Congress power to regulate interstate and foreign trade Denied Congress right to tax exports Denied Congress right to end the importation of slaves until 1808

Issue: Regulation of Slavery Fierce debate between the North & South North wanted slaves counted for taxation, not representation South wanted slaves counted for representation, not taxation Three-Fifths Compromise For every 5 slaves, 3 slaves would be counted as part of the population for the purpose of determining both representation and taxation

Issue: Method of Choosing a Chief Executive Electoral College Provides for an indirect method of choosing a president No way for one person/group to control election Established to pacify those who were against an independent executive branch

Electoral College Map 2012

3. Ratification Battle Securing ratification of the Constitution proved to be difficult Convention approved the Constitution in September 1787 Final draft written by Governor Morris (NY) Battle within state ratifying conventions quickly ensued between Federalists and Anti-Federalists

3. Ratification Battle Main issues included: Representation: direct democracy vs. representative democracy Tyranny: government is too far removed from the people vs. tyranny of the majority Governmental Power: attacked supremacy clause and elastic clause, lack of bill of rights vs. checks and balances and the need to take risks to achieve goals

3. Ratification Battle Federalist Papers 85 essays written under the name “Publius” by Alexander Hamilton, James Madison, and John Jay They defended the principles of the Constitution and sought to dispel fears of a national authority Antifederalists published essays of their own, arguing that the new Constitution betrayed the revolution and was a step toward monarchy

Federalist Papers Federalist #10 Warnings about factions (often called “special interests”) today and “tyranny of the majority” Strategies to deal with factions and protect minorities Checks & balances Separation of 3 branches

Federalist Papers Federalist #51 Elaborates on checks and balances as the solution to factions Based on common distrust of human nature Idea of representative democracy

4. Ratification Went into effect March 4, 1789 Delaware the first state to approve on December 7, 1787 1791, Constitution finally ratified by all states with Rhode Island’s vote