THE PHILADELPHIA CONVENTION UNIT 1: CONSTITUTIONAL UNDERPINNINGS

THE AGENDA IN PHILADELPHIA Equality Representation of the states (NJ Plan, VA Plan, Connecticut Compromise) Slavery (3/5 Compromise) Political Equality Economic Issues Individual Rights The Madisonian Model

EQUALITY Some of the most important issues on the agenda in Philadelphia were based on equality: Equal representation among the states Slavery

NEW JERSEY PLAN William Paterson (New Jersey) Called for EACH state to be equally represented in the new Congress, regardless of population or size of the state

THE VIRGINIA PLAN Edmund Randolph (Virginia) Called for representation in Congress based on the state’s share of the American population, regardless of size of state

THE CONNECTICUT COMPROMISE Roger Sherman and William Johnson (Connecticut) Solution adopted by the delegates that created a bicameral legislature in which the Senate would have 2 members from each state and the House of Representatives would have representation based on population.

SLAVERY The delegates at the Convention agreed to limit the future importing of slaves (prohibited after 1808) but did not forbid slavery itself. The Constitution stated that any persons legally “held to service or labour” who escaped must be returned to their owners. Under the 3/5 Compromise, both representation and taxation were based upon the “number of free persons” PLUS 3/5 of the number of “all other persons”.

POLITICAL EQUALITY Some delegates favored suffrage for all free, adult males; some wanted to put qualifications on the right to vote. Ultimately, they left the decision to the states (10 th Amendment)

ECONOMIC ISSUES Federalists stressed the economy’s weaknesses (Advocates of the Constitution) Anti-Federalists claimed that the charges were exaggerated (Opponents of the Constitution) – also opposed a strong national government

CONTINUED Constitution clearly spelled out the economic power of Congress Chief economic policymaker Granted the power to tax and borrow Granted powers to protect property rights – punish counterfeiters and pirates, ensure patents and copyrights, legislate rules for bankruptcy and regulate interstate and foreign commerce

CONTINUED Framers also spelled out specifically what states were not allowed to do regarding economic development Have state monetary systems Placing duties on imports from other states Interfering with lawfully contracted debts States were also required to respect civil judgments and contracts made in other states. The National government guaranteed the states a “republican form of government” – Shay’s Rebellion

INDIVIDUAL RIGHTS Framers were constructing a limited gov’t and so by design could not threaten personal freedoms Powers were dispersed (Separation of Powers) and each branch or level could restrain the other (Checks and Balances) Writ of Habeas Corpus Post facto laws Religious qualifications may not be imposed for holding office in the nat’l gov’t Right to trial by jury guaranteed in criminal cases COMPROMISE – The Bill of Rights

MADISONIAN MODEL Fear of majority and minority factions. To prevent “tyranny of the majority” – Madison believed that it was essential to keep most of the gov’t beyond the control of the masses Voters’ electoral influence limited and indirect Only House of Rep was directly elected; senators and presidents were indirectly elected; judges nominated by the president (7 th Amendment – direct election for senators) Separation of Powers Checks and Balances