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Creating the Constitution Chapter 2 Section 4
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The Framers 12 of States show up to the Constitutional Convention Rhode Island didn’t show 74 total delegates Chosen by legislature of the states Framers Group of delegates who drafted the United States Constitution Framers Consisted of men with: Wide knowledge base High Levels of public experience Wealthy Prestigious Many were revolutionary veterans 31 had attended college 8 signed Declaration of Independence 2 college Presidents 3 Professors 2 future Presidents and a VP
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Organization and Procedure President of the Convention George Washington Major Rules and Procedures of the Convention 1.A majority of states are needed to conduct business. 2.Each state delegation was to have 1 vote on all matters. 3.Majority of votes cast would carry any proposal
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Working in Secrecy The information we have about the Constitutional Convention comes from James Madison’s notes (Madison became floor leader and contributed the most to the Constitution.) Most work was completed on the floor of the convention with only some matters handled in Committee
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Momentous Decision May 30, 1787 the delegates decided: “A national government ought to be established consisting of a supreme legislative, executive, and judiciary.” –Edmund Randolph (VA delegate)
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The Virginia Plan Written by Madison, Presented by Randolph New Government with 3 Branches Legislative Executive Judicial Legislature would be Bicameral Lower house elected by the people Upper house chosen by lower house based on a list given by state legislature. Representation Based on Population National Executive and National Judiciary form Council of Revision Could Veto, but the Veto could be overridden by legislature Executive could execute national laws Judiciary would consist of supreme and inferior tribunals (courts) State Officers take an oath to support the Union Guarantee republican government Congress has exclusive power to admit new states into the Union New Constitution by revising the Articles and expanding powers
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The New Jersey Plan Led by William Paterson Maintains 3 branch government Not as thorough of a revision of the Articles Unicameral Congress Each state equally represented Congress would gain the power to tax and regulate traded between states Federal executive of more than one person Chosen by congress Federal judiciary consists of a supreme tribunal appointed by the executive
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Major Question between the plans How should states be represented in congress? Would it be on the basis of population and wealth (VA Plan) Would it be on the basis of State Equality (Articles and NJ Plan) Large States Expected to dominate the New Government. Small States feared they would not be able to protect their interests. The Debate became so heated, Benjamin Franklin said: “henceforth prayers imploring the assistance of Heaven… be held in this assembly every morning before we proceed to business.”
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The Connecticut Compromise Dispute Settled by Connecticut delegation The Connecticut Compromise was also known as the Great Compromise Congress is composed of 2 houses Smaller Senate based on equality Larger House of Reps based on Population Made possible the support of a strong central government
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Three Fifths Compromise Should slaves be counted in the populations of the Southern States? Slave holding states say Yes, Count them Why? Northerners say No, do not count them Why Three Fifths Compromise All free persons counted 3/5 th of all other persons will be counted This Compromise disappeared from the Constitution after the adoption of the 13 th Amendment in 1865
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The Commerce and Slave Trade Compromise Congress had the power to regulate foreign and interstate trade. Why would this worry southerners? Commerce and Slave Trade Compromise: Congress was forbidden to tax the export of goods from any State Congress was forbidden to act on the slave trade for 20 years. (couldn’t interfere with migration or importation)
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A “Bundle of Compromises” The Constitutional Convention Delegates compromised over: Details and structure of the Congress Method by which the President was chosen Practical limits that should be put on the several powers given to the new central government.
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Sources of the Constitution Government of Greece and Rome Political Writings of the time, such as William Blackstone’s Commentaries on the Laws of England Baron de Montesquieu’s The Spirit of Laws Jean Jacques Rousseau’s The Social Contract John Locke’s Two Treatises of Government Framers also drew from: their own experiences directly from the Articles of Confederation from State government Constitutions
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The Convention Completes its Work September 17, 1785 Ben Franklin wrote: “Sir, I agree with this Constitution to all its faults, if they are such; because I think a general Government is necessary for us… I doubt… whether any other Convention we can obtain, may be able to make a better Constitution. For when you assemble a number of men, all their prejudices, their passions, their errors of opinion, their local interests, and their selfish views, from such an assembly can be a perfect production be expected? It therefore astonishes me, Sir, to find this system approaching so near to perfection as it does…”
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