What did THEY come up with?

The Fight in Philly! Main focal points: Distribution of power between state and national governments Separation of powers at the national level The Legislative Branch!! The Virginia Plan (large state plan) Representation by population The New Jersey Plan (small state plan) Representation by state The Great Compromise Do BOTH == bicameral legislature Slaves? South: they are people (just not free) so they count for population and are represented by gov’t but can’t vote North: not free, can’t vote, don’t count COMPRIMISE: 3/5 # of slave population gets added to free population to get state’s adjusted population for purposes of representation only

Federalism Powers of the National government Powers of the state governments Powers of the state governments Powers of the state governments Powers of the state governments Powers of the state governments

National Gov’t = Divide Power Checks on the Legislature Can propose laws Can veto laws Can call special sessions of Congress Makes appointments to federal posts Negotiates foreign treaties Legislative Executive Checks on the Executive Can override presidential veto Confirms executive appointments Ratifies treaties Can declare war Appropriates money Can impeach & remove president Division of Powers Checks on the Judicial Creates lower federal courts Can impeach and remove judges Approves appointments of federal judges Can propose amendments to overrule judicial decisions Checks on the Legislature Can declare acts of Congress unconstitutional Checks on the Executive Can declare executive actions unconstitutional Checks on the Judicial Can pardon federal offenders Appoints federal judges Judicial

Bicameral Legislature Large vs. Small States Senate Fewer members (2 per state) All states equal Intended to represent the States 6 yr. terms (no limits) Power to ratify executive appointments/treaties House of Representatives Many representatives # of Reps. based on population of state Intended to represent the people 2 yr. terms (no limits) “Power of the Purse” Bicameral Legislature

The Presidency Fear of the population Fear of the States Stupid, uneducated, mob mentality “tyranny of the majority” Fear of the States Not very democratic to let state elites choose State interests vs. popular interests Logistical limitations about counting votes Independence of executive branch? How to choose???? Electoral college People get to vote (poplar election?) BUT they vote for “electors” – chosen by state (the “right sort”) # of electors per state = # Reps + # Senators Electors meet and vote Most votes = President 2nd most votes = VP What does he do? Pretty vague! Going to be determined by PRECENDENT of 1st couple presidents!

HUGE issues with final document Must be ratified (approved) by state legislatures before it comes into effect Need for a Bill of Rights to prevent against oppressive gov’t Many felt this was already included in the state constitutions Fear that this gives too much power to the national gov’t Fear that executive not strong enough Federalists vs. Anti-federalists! Who is representing each side? Role of the Federalist papers? (Is anyone going to believe a guy named Publius???)

Typically small farmers & settlers Federalists Anti-Federalists Leaders Washington Franklin Madison Hamilton Mason Henry Winthrop Hancock Clinton Arguments Stronger central gov’t to maintain order and preserve Union (much) Stronger central gov’t would destroy work of Revolution, limit democracy, restrict states’ rights Strategy Emph. weaknesses of AoC; show opponents as negative with no solutions Argued that propsed Const. had no protection for ind. Rights; gave central gov’t more power than Br. Gov’t ever had Advantages Strong leaders Well organized Appealed to popular distrust of gov’t Disadvantages Const. new & untried Lacked a Bill of Rights Poorly organized Slow to respond to Fed. challenge Both found everywhere Most numerous in large cities Typically small farmers & settlers on western frontier

The difference between Federalists & Anti-Federalists You should also know… The difference between Federalists & Anti-Federalists Who was on each side (big names & key states) The role of the Federalist Papers What the Bills of Rights says How the Constitution got ratified