1. The Constitutional Convention
US Politics

2. Overview Basic Principles
The Organization/Structure of the New Government
The Road to Ratification

3. Constitutional Convention
Virginia Plan (Edmund Randolph)
bicameral legislature, lower house elected by people, upper house elected by lower house from names submitted by state legislatures.
seats in both allocated by population size
executive chosen by legislature, single term
national judiciary, chosen by legislature, life terms
national gov sovereign

4. Constitutional Convention
New Jersey Plan (William Paterson)
unicameral legislature, each state equal
legislature regulate trade/commerce and tax states (proportional to population)
legislature elects “collegial” executive
executive selects national judiciary
national gov sovereign

5. Constitutional Convention
Connecticut (Great) Compromise (Roger Sherman)
bicameral legislature
one house based on proportional representaion
one house based on state equality

6. Constitutional Convention
But if one house based on proportional representation, what should serve as basis?
geography?
wealth?
population?

7. Constitutional Convention
They settle on population, but that in turn raised the question as to who should count as part of the population
In particular, should slaves count as part of a state’s population?

8. Constitutional Convention
Convention works out a compromise, whereby each slave counts as 3/5ths of a free person

9. Basic Principles Three guiding principles of the Constitution:
Separation of Powers
Checks and Balances
Federalism

10. Basic Principles Separation of Powers:
The division of the national government into three distinct branches corresponding to the basic functions of government:
Legislature (make laws)
Executive (administer the laws)
Judiciary (interpret and enforce the laws)

11. Basic Principles Checks and Balances
Powers/Responsibilities given to one branch of government are offset by powers delegated to another branch.
e.g., Congress may pass a bill, but it doesn’t become law until the President signs it.
President can veto legislation, but Congress can override the veto

12. Checks and Balances

13. Basic Principles Federalism
Shared power relations between the national government and the states
An attempt to forge a path between the strong central government of a unitary model and the weakened central government of a confederation

14. Basic features of the Constitution
Creates bicameral legislature (Congress)
People elect the House of Representatives
State legislatures elect Senators
Creates independent executive (President)
Chosen by the Electoral College
Creates national judiciary (Supreme Court)
Nominated by President; Confirmed by Senate

15. Structure/Organization
Legislature: Congress
bicameral (2 houses)
House of Representatives
based on population; the more people in the state, the more representatives it receives
Senate
each state equal representation
2 senators per state, each senator receives one vote
contrast with Articles where each state delegation had a single vote

16. Structure/Organization
Executive
President
Vice President
Cabinet
Executive Agencies

17. Structure/Organization
Judiciary
Supreme Court
Other federal courts
created by Congress

18. Basic features of the Constitution
Power concentrated at the national level
“Supremacy” Clause (Article 6)
New Powers (most are given to Congress)
Power to levy/collect taxes
Regulate interstate commerce
Raise and maintain a standing army
enact all laws “necessary and proper”

19. Amending the Constitution
Two primary means for amending the constitution:
Formal
actual changes in language of Constitution through addition or deletion)
Informal
changes in ways in which we interpret the language of the Constitution

20. Amending the Constitution
Proposal
2/3rds vote of both houses of Congress
National Convention called by 2/3rds of states
Ratification
Legislatures of 3/4ths of states
By conventions in 3/4ths of the states

21. Amending the Constitution
Informal method
Supreme Court reinterprets language of the Constitution
“Judicial Review”
Marbury v. Madison (1803)

22. Constitution Today Includes Amendments Significant changes:
Bill of Rights (1st through 10th Amendments)
judicial review (Marbury v. Madison)
no slavery (13th Amendment)
expanded federal power (14th Amendment)
expanded voting rights (15th, 19th, 24th, 26th)
direct election of senators (17th Amendment)
terms limits on president (22nd Amendment)

23. Constitutional Convention
17 September 1787 Convention adopts Constitution
Sends to the states for ratification (approval)
9 states required to ratify and adopt the Constitution
Ratification by special convention in each state

24. Delaware
12/7/1787
30-0
Pennsylvania
12/12/87
46-23
New Jersey
12/19/87
38-0
Georgia
1/2/1788
26-0
Connecticut
1/9/1788
128-40
Mass.
2/6/1788
Maryland
4/28/1788
63-11
So. Carolina
5/23/1788
149-73
New Hamp.
6/21/1788
57-46
Virginia
6/25/1788
89-79
New York
7/26/1788
30-27
No. Carolina
11/21/89
187-77
Rhode Is.
5/29/1790
34-32

25. Delaware 12/7/87 30-0 Pennsylvania 12/12/87 46-23 (12) New Jersey
12/19/87
38-0
Georgia
1/2/1788
26-0
Connecticut
1/9/1788
128-40
Mass.
2/6/1788
(10)
Maryland
4/28/88
63-11
So. Carolina
5/23/88
149-73
New Hamp.
6/21/88
57-46 (6)
Virginia
6/25/88
89-79 (6)
New York
7/26/88
30-27 (2)
No. Carolina
11/21/89
187-77
Rhode Is.
5/29/90
34-32
Pa vote: 12 votes, Mass 10 votes, NH 6 votes

26. Ratification Calculations
The Constitution would not have been ratified if as few as 14 votes (about 1% of total cast), had changed sides in the debate
If 36 votes had changed, a majority of states would have voted against ratification
Given that it was so close, and that we think of the Constitution as a great success
Why was it so controversial?