The Constitution of the United States

Articles were doomed to Fail – USA Lacked Central leadership – A Constitutional Convention was called in 1787 – Many states called for stronger central Government Delegates – Revolutionary Veterans – Signers of Declaration of Independence – White, Landowning, males Drafting a Constitution

Problems that need to be solved: Problem 1: Balance between State and Federal Problem 2: Balance between North and South Problem 3: Balance between BIG states and Small states Two Plans proposed– The Virginia Plan & New Jersey Plan Convention Problems

The Virginia Plan Gov. would have 3 branches: – Executive, Legislative, Judicial Legislature would be bi- cameral (2 house) – Voters choose lower house – lower house chooses upper house Population would determine number of votes of each state National Gov. is above each state

New Jersey Plan Smaller states objected: Virginia plan would give large states (Virginia) Most of the votes and power NJ Plan: – Change system to give congress more power – Each state would have EQUAL Representation in Gov.

“The Two Ideas…ought to be combined; that one branch the people ought to be represented; in the other the states.” The Senate (upper house) would have 2 reps from each state The Representatives (lower house) would be based on states population “The Great Compromise”

Compromise on Slavery Slave Population gave South huge Pop. Advantage – Also Raise taxes – Property Tax – Southerners wanted to count for Reps. But not for Taxes 3/5 compromise – Slave = 3/5 person – Compromise on Reps. And Taxes

Compromise on Slavery No Ban on Slavery Considered – Unity Needed more than Abolition Agreed: – Importation would continue for 20 more years – then no more – Fugitive Slave Clause: A runaway slave to another state must be returned to its owner across state lines

Enlightenment ideals states that effective governments need Checks & Balances Balance between President/ Congress Balance between States/ Federal Convention gave MOST Power to the Congress (fear of Monarchy) President elected by the states – Electoral College – States should follow popular vote Checks and Balances

Office of VP – 2 nd place vote recipient Each Branch had the ability to slow/stop another branch – Ensured no branch would have too much power – Ensured no branch could not dominate the others

Checks and Balances Planning the Court System – Wanted courts to maintain independent status – Judges nominated by President/ Approved by Congress – Judges could not be fired without just cause

Fear of Strong Central Government Federalists: Supporters of Constitution with strong central Gov. AntiFederalists: Opponents of the constitution in its present form and sought a weaker central Gov. Federalists vs. AntiFederalists

The Federalists Leaders: James Madison, Alexander Hamilton, John Adams, Washington, Franklin Strong National Gov. = Republic Survives Fed. Gov. could end chaos between states Separation of Powers can prevent Tyranny

The Antifederalists Leaders: Sam Adams, Patrick Henry, Thomas Jefferson Wanted a new Gov. but not the one proposed Suspicious of Strong central Gov. = just left a strong Gov. Feared Fed. Gov. would abuse states/ Individuals – Demanded a Bill of Rights for protection

Final Ratification? Final draft was submitted to the states for approval Some delegates refused to sign because it lacked 1 component – A Bill of Rights