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Philadelphia Convention
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A New Constitution Representatives of 12 of the 13 states attended the meeting in Philadelphia; Rhode Island refused to participate believing that if they were not present, then no changes could be made Remember: Unanimous consent was required to amend the Articles!!!
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The Philadelphia Convention
55 well educated men including George Washington, Alexander Hamilton, Benjamin Franklin and James Madison Considered the following issues: Human nature – delegates held a cynical view, people are self-interested Political conflict – keeping factions under control Factions = parties or interest groups Feared that unchecked factions would form a tyranny Objects of government – most believed the protection of property was the key purpose of government Nature of government = believed that government had to set power against power
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Critical Issues at the Convention
HOW TO ESTABLISH EQUALITY!!!! Three issues: Equality and Representation of the States (big versus small states) Slavery (Northern states versus Southern states) 3) Equality in Voting
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New Jersey Plan New Jersey Plan = called for a unicameral congress in which all states would be equally represented Powers: Basically the same as under the Articles + the power to tax regulate trade Adds An executive of more than one person A federal judiciary with a single supreme tribunal
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Virginia Plan Virginia Plan = called for a bicameral congress in which states would be represented according to their states population Powers: All the power under the Articles + legislate in all cases to which the separate states are incompetent veto state laws in conflict with national law use force if necessary to make state obey Adds National Executive National Judiciary: One or more supreme tribunals
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Great Compromise Connecticut (Great) Compromise = called for a bicameral congress in which states would be represented according to population in the lower house (House of Representatives) and equally in the upper house (the Senate) Was this a fair compromise?? Powers: See Article I, Section 8 (create post offices, declare war, tax, borrow, coin money, naturalization, punish counterfeiters, weights and measures, army, navy, regulate commerce, etc.)
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Great Compromise Adds An execute on one person (the President)
A judiciary consisting of a single supreme court and any other courts that Congress shall create
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Slavery Delegates agreed that they would limit future importing of slaves, but disagreed on other matters Should slaves count for representation purposes? South says…YES! - Gives them more power in the House North says…No! – Slave are property and should not be counted Resolution: 3/5 Compromise Should slaves count for apportionment of taxes? South says NO! - Do not want to pay more North says YES! - They need to be counted for taxation purposes
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Voting Who should be allowed to vote? – Left issue to the states to decide.
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Commerce and Slave Trade Compromise
Congress, in Article I, Section 8, is given the power to regulate interstate and foreign commerce Southern states were concerned that this would give the national government too much power Compromise 1) Congress forbidden the power to tax the export of goods from any state. 2) Forbidden the power to act on the slave trade for a period of at least 20 years
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The Executive Delegates Agreed: Delegated Disagreed
on a one-person executive Delegated Disagreed on the length of a term Finally settled on a 4 year term with the possibility of re-election how the president should be elected Settled on the Electoral College (did not trust the common citizens)
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