Writing the Constitution A document based on compromise, in a time of turmoil and risks…

Constitutional Convention When: May 25, 1787 Who: 55 delegates from 12 states (Rhode Island did not participate) Why: The Articles did not work What: Revise the Articles of Confederation Decision: Abandon the Article of Confederation and write a new document

Met for four months – in secret…. Results Met for four months – in secret…. Created a document that has governed the United States for over 200 years James Madison is known as the “Father of the Constitution” Originally met to change the Articles of Confederation but then decided to write a new document: the Constitution

Professionals and businesspeople Young-more than half were under 40 Who were the Delegates? White men Professionals and businesspeople Young-more than half were under 40 ½ college graduates More than ½ members of Congress under the Articles of Confederation

How did they run the convention? Each “state” would have 1 vote Decisions were by a “Simple Majority”. (51%= pass) Work of the convention should be kept secret No written records of the convention James Madison kept a “Diary” a notebook

How to build a Legislative Branch… “Virginia Plan” Proposed by Edmund Randolph President, bicameral legislature, (2 Houses) and a court system Could veto any state law or act. Could tax, regulate foreign and interstate commerce. Representation in houses of congress determined by state’s population

“New Jersey Plan” Proposed by William Patterson Similar to the Articles of Confederation -representatives were equal for each state. Different because it set up the Legislative body with the same powers to tax and regulate foreign and interstate commerce 3 Branches: Legislative, judicial and executive branches.

Connecticut Plan= great Compromise The Legislative branch would be Bicameral (2 Houses.) It would have a Senate based on equal representation and a House based on the State’s population. This house is called the House of Representatives. Together the Senate and the House of representative is known as “The Congress” The Connecticut Plan is also known as theGreat Compromise One House: the Senate-Equal Representation for each state One House: House of Representatives-Based on state Population

Three-Fifths Compromise Southern states wanted the slave population counted- for political power Northern states opposed the idea Compromise---delegates agreed that a slaves would count as 3/5th of a person (5 slaves counted as 3 people---used to determine State population and representation and taxes

Why did the Southern States want the 3/5ths Compromise? Southern State’s populations were not as high as the Northern States. The Southern States were primarily agricultural Southern states feared they would not be represented in the House of representative and the Southern States interests would always be voted down. The culture of the North and the South were fundamentally and economically very different.

Commerce and Slave Trade Compromise South agreed that Congress could regulate trade between states as well as with other countries. Trade tariffs (taxes… just like today) North agreed that Congress could neither interfere with slave trade for 20 years nor tax exports… also if slaves escaped- they had to be returned

Feared their workforce would be freed The Northern States Why was this “compromise” important to the various sections of the country? The Southern States Feared their cotton and other exports would be taxed thereby reducing their profits. Feared their workforce would be freed The Northern States The Northern States were mainly industrial (manufacturing, fishing) Needed import taxes to keep them competitive with foreign goods

Electoral College – another layer of a representative government Should the President be chosen by Congress or the people? Decision: Each state legislature would choose electors equal to the number of Senators and Representatives from their State The electors were the Electoral College and the elector College selects the President after the popular vote in November (December vote)

Ratification 9 of the 13 states were required to ratify the document (the Constitution) before it could become law Anti-Federalists Opposed the Constitution; felt the national (Federal) government had too much power and the document lacked certain rights. The Bill of Rights,= ten changes that had to be written and added before the Constitution could be ratified

Ratification Federalists Supported the constitution; argued that the nation needed a strong national (federal) government in order to survive. Promised to add a Bill of Rights if adopted John Jay, Alexander Hamilton, James Madison wrote essays in support of the Constitution called “The Federalists” or Federalist Papers – especially aimed at New York

STATES IN ORDER OF RATIFICATION 1. Delaware December 7, 1787 2. Pennsylvania December 12, 1787 3. New Jersey December 18, 1787 4. Georgia January 2, 1788 5. Connecticut January 9, 1788 6. Massachusetts February 6, 1788 7. Maryland April 28, 1788 8. South Carolina May 23, 1788 9. New Hampshire June 21, 1788 10. Virginia June 25, 1788 11. New York 12. North Carolina July 26, 1788 November 21, 1789 13. Rhode Island May 29, 1790

Just in time to go to war with Great Britain RATIFICATION June 21, 1788 New Hampshire became the 9th state to ratify the Constitution and it became law. Delaware was “First” Rhode Island was the “last” state to ratify (well after the Bill of Rights was added) With Ratification- we were officially the new nation called: “The United States of America” Just in time to go to war with Great Britain

Popular Sovereignty All political power belongs to the People People are the only source of political power Government can only govern with the consent of the people Limited Government… Variation of the Social Contract Separation of Powers …powers are independent and divided, “Separated” between…

Checks and balances …are tied together in a balanced system…..each branch can use to monitor the other Judicial review …determines the “Constitutionality” of governmental actions

Amending the Constitution Formally and Informally The Constitutional Amendment Process There are 4 Formal methods 2/3 Congress…3/4 Senate * Most popular method Proposed by Congress then ask for ratification by 3/4 of the states Proposed by National Convention then 2/3 of state legislations Proposed by National Convention- then Ratification by ¾ of State Conventions

Legislation by Congress Presidential Action Supreme Court Decisions Informal Methods Informal Amendment Legislation by Congress Presidential Action Supreme Court Decisions Political Parties Customs **When Congress proposes an amendment it is not passing a law- it is “Amending the Constitution”.