1. The Beginnings of American Government Chapter 2 Section 4 Creating and Ratifying the Constitution

2. Creating & Ratifying the Constitution Objectives: Identify the Framers of the Constitution, the individuals, principals, and the ideas that influenced them, how they organized the Constitutional Convention, and their contributions to the creation of the United States Constitution. Compare and contrast the Virginia and the New Jersey Plans for the new government. Examine the convention’s major debates and compromises. Identify the opposing sides in the fight for ratification and describe the major arguments for and against the proposed Constitution.

3. Creating & Ratifying the Constitution The Framers Meet The Philadelphia Convention started on May 20, 1787. It would be a long hot summer that was devoted to drafting the Constitution. Many of the delegates who attended the convention had read the enlightened philosophers of the 17 th and 18 th centuries.(Montesquieu, Rousseau, and Blackstone) The delegates believed that the government should only exist by the consent of the governed.

4. Creating & Ratifying the Constitution They subscribed to such enlightenment ideas as natural rights, the social contract, separation of power, and checks & balances. Rhode Island only State not to send any delegates. 55 of the total 74 nominated actually attended the convention.

5. Creating & Ratifying the Constitution These delegates became known as Framers of the Constitution. – Many of the delegates had fought in the Revolutionary War. – 49 had been members of the Continental Congress or Congress of the Confederation or BOTH. – Eight has served in constitutional conventions of their own States. – Seven had been State governors. – Eight had signed the Declaration of Independence.

6. Creating & Ratifying the Constitution – Thirty-four of the delegates had attended college in a day when there were but a few colleges in the land. – Two would become President of the United States. – Nineteen later served in the Senate and thirteen in the House of Representatives. – Principal Architect of the Constitution was James Madison (36 years old). – The oldest was Benjamin Franklin at 81.

7. Creating & Ratifying the Constitution The Delegates Adopt Rules of Procedure George Washington was unanimously elected as president of the convention. The rules that were adopted stated that a majority of the States were needed for business to be conducted. Each State delegation had ONE VOTE on all matters. Majority of votes needed to pass any resolution.

8. Creating & Ratifying the Constitution This convention was called “for sole and expressed purpose” of recommending revisions to the Articles of Confederation. The delegates agreed right away that they were there to create a new government for the United States. Much of what went into the new constitution came from the Articles of Confederation.

9. Creating & Ratifying the Constitution Two Plans of Government Once the Framers resolved to replace the Articles of Confederation, two major plans were offered for the new government.

10. Creating & Ratifying the Constitution – Virginia Plan No State had more to do with the calling of the convention than Virginia. Largely the work of James Madison. New government would have three separate branches: legislative, executive, and judicial. The legislature would be “bicameral” – made up of two houses. Representation in each house was to be based on either each State’s population or on the amount of money it gave for the support of the Federal Government.

11. Creating & Ratifying the Constitution Lower House (House of Representatives) was elected by each State. The Upper House (Senate) would be chosen by the House from a list of nominated people from the State legislature. Congress has all the powers it did under the Articles of Confederation plus other cases where State law conflicted with Federal law. Congress would choose the national executive and a National Judiciary. This “Council of Revision” could veto laws passed by Congress.

12. Creating & Ratifying the Constitution The most populous States supported this plan. This plan set in motion most of what would take place during this convention.

13. Creating & Ratifying the Constitution – New Jersey Plan William Patterson presented this plan. He and his colleagues offered many amendments to the proposed Virginia Plan. This plan retained the “Unicameral” legislature – One House. Each State would be equally represented.

14. Creating & Ratifying the Constitution Congress would retain the powers from the Articles of Confederation and other limited powers to tax and regulate trade between the States. This plan called for a “federal executive” of more than one person. These people were chosen by Congress. The Executives would chose the “Supreme Tribunal” – Federal Court.

15. Creating & Ratifying the Constitution Debates and Compromise Much debate was held centering on the VA and New Jersey Plans. Roger Sherman (Connecticut) offered the Connecticut Compromise – Congress would be two houses – The smaller Senate would be equally represented – The larger House would be based on population. – It combined features from both plans to appease all the members.

16. Creating & Ratifying the Constitution – This plan was so critical in the writing of the Constitution, that is often called The Great Compromise. – The next question to come up was how to count Slaves in the South. – Southern States argued that Slaves should be counted. Northern States said that Slaves were property and should not be counted as part of the population.

17. Creating & Ratifying the Constitution – Three-Fifths Compromise came to be the resolution that the delegates could support. Slaves were counted as 3/5’s of a person. This odd compromise disappeared from the Constitution with the ratification of the 13 th Amendment – Ending Slavery. – The delegates felt that Congress should have the power to regulate foreign trade and interstate trade as well.

18. Creating & Ratifying the Constitution – Commerce and Slave Trade Compromise – Congress was forbidden the power to tax the export of goods from and State. – It was also forbidden to act on the Slave Trade for at least 20 years.

19. Creating & Ratifying the Constitution The convention spent much of the time compromising. The Constitution is referred to as a “bundle of compromises”. By no means did all, or even most, or what shaped the document come from compromises. Nearly all delegates were convinced that a new national government – a federal government – had to be created, and that it had to have the power necessary to deal with the nation’s grave social and economic problems. The Framers were dedicated to the concept of popular sovereignty and limited government. None questioned for a moment the wisdom of representative government.

20. Creating & Ratifying the Constitution The principles of separation of power and checks and balances were accepted almost as a matter of course. On September 17, 1787, the convention approved its work and 39 names were place on the finished document. Three delegates refused to sign the document – Edmund Randolph – Virginia, Elbridge Gerry – Massachusetts, and George Mason – Virginia. It was signed “Done in Convention by the Unanimous Consent of the States present…”

21. Creating & Ratifying the Constitution The Fight for Ratification The Constitution was widely criticized and in every State there were many who opposed its adoption. Two groups quickly engaged in each of the States

22. Creating & Ratifying the Constitution – Federalists – those who favored the ratification of the Constitution Led by James Madison and Alexander Hamilton They stressed the weakness of the Articles of Confederation. They argued that many of the problems facing a new nation could be overcome with the new government.

23. Creating & Ratifying the Constitution – Anti-Federalists – Those who did not favor the ratification. Led by Patrick Henry, John Hancock, and Samuel Adams They attacked almost every part of it. Many objected to ratification process. The biggest issue was the lack of a Bill of Rights. There was no basic rights such as Freedom of Speech, Religion, and etc.

24. Creating & Ratifying the Constitution The Federalist Papers – Written by men such as Alexander Hamilton, John Jay, James Madison, and others to show support for the ratification of the US Constitution. – Anti-Federalists wrote many essays letting people know about the problems if this document was ratified. Delaware was the first State to ratify the Constitution. Three States ratified the Constitution by the end of 1787.

25. Creating & Ratifying the Constitution By June of 1788, New Hampshire became the 9 th State to ratify the Constitution. Virginia ratified the Constitution four days after New Hampshire. With New Hampshire’s vote, the Constitution was to take effect (9 States needed). The problem was that the 3 largest States had not ratified it and they would be needed in the new government. By September 13, 1788, 11 of the 13 States had ratified the Constitution.

26. Creating & Ratifying the Constitution North Carolina would ratify it on Nov. 21, 1789 and Rhode Island would ratify it on May 29, 1790. The new government was inaugurated on September 13, 1788. Its temporary capital was in New York City. January was the month to select delegates for the first Congress. Congress first met on March 4, 1789 to conduct business. George Washington became the first president.

27. Creating & Ratifying the Constitution