1. CONSTITUTIONAL CONVENTION May 1787, Philadelphia Sole purpose is to REVISE the Articles of Confederation Only state that didn’t send delegates? Franklin is oldest delegate (81) What was a “typical delegate” Washington is President of Convention Meetings in private -- public not invited View of human nature: people are self- interested in acquiring wealth & power

5. CONFLICTS & COMPROMISES # 1 - CONFLICT OVER REPRESENTATION: LARGE STATE PLAN: –a/k/a Virginia Plan –author: JAMES MADISON Known as “Father of the Constitution” –Number of representatives each state is to have in Congress determined by population of the state SMALL STATE PLAN: –a/k/a New Jersey Plan –Number of representatives each state is to have in Congress should be equal

6. THE COMPROMISE: Congress is BICAMERAL (two houses: Lower House (House of Representatives) - membership is determined on the basis of population of the states (VA Plan) Upper House (Senate) - equal representation with two members from each state (NJ Plan) National gov’t supreme over state gov’ts and has 3 separate branches Known as The Connecticut Compromise, a/k/a The Great Compromise – authored by Roger Sherman HOUSE SENATE

7. # 2 - CONFLICT OVER POPULATION COUNT FOR HOUSE OF REPRESENTATIVES (SLAVES) THE NORTH’S PLAN: Slaves should be counted as people only for purposes of taxation (determining how much tax a state owes to Congress) THE SOUTH’S PLAN: Slaves should be counted as people only for purposes of representation in Congress (how many reps each State gets to send to Congress)

8. THE COMPROMISE: KNOWN AS THE THREE- FIFTHS COMPROMISE Every 5 slaves would equal 3 people for both purposes –Taxation & –Representation

9. THREE-FIFTHS COMPROMISE: Does NOT mean that a slave = 3/5 of a human being… it’s a formula Actual Formula: –Total number of inhabitants of a state (including women & children & men without property) PLUS 60% (3/5) of the state’s slave population DIVIDED by the total population of the U.S. = percentage of representatives that state gets in the U.S. House –For example, if a state’s total population of free inhabitants plus 60% of its slaves was equal to 10% of the country’s total population, then that state would get 10% of the representatives in the House. This formula was applied for determining both the representation percentage and taxation percentage for each state.

10. # 3 - CONFLICT OVER SLAVE TRADE: THE NORTH’S PLAN: –preferred Congress to do away with slave trade entirely THE SOUTH’S PLAN: –wanted Congress to agree not to interfere with slave trade at all THE COMPROMISE: -Congress agrees not to interfere with the slave trade for 20 years -Agreed to in exchange for Southern support of “Commerce Compromise” -No taxing of exports; states can’t tax imports

11. # 4 -EXECUTIVE BRANCH CONFLICT : A committee of executives elected by Congress vs. A single executive elected for life (proposed by Alexander Hamilton) THE COMPROMISE: a single executive elected for 4 year terms elected indirectly by the electoral college method

12. THE JUDICIAL BRANCH: Convention established ONLY the Supreme Court Authorized Congress to set up all other federal courts

13. RATIFICATION Constitution completed by September 1787 Needs to be ratified by only 9 states before it is effective Will be ratified by special conventions called in each of the states –Why only 9 states instead of 13? –Which state ratifies first? –Which is 9 th ? –But, didn’t start until after 10 th & 11 th – WHY? –Which states are the last 2 holdouts?

14. THE FEDERALISTS Supported Constitution Led by Hamilton, Madison, Jay –The Federalist Papers –85 essays –Seeking NY approval Support idea of strong central government Believed a Bill of Rights not necessary since the states already have Bill of Rights in their state constitutions Constitution IS a bill of rights –it carefully limits the government’s powers; if a specific power was not listed, then the government simply did not have it

15. THE ANTI-FEDERALISTS Opposed to Constitution and the amount of power give n to the central government Led by Patrick Henry, George Mason Believe STATES should retain more power than the one central government Strongly object to the lack of individual freedoms – a Bill of Rights Feared federal government tyranny Patrick Henry George Mason

16. ADVANTAGES OF THE FEDERALISTS: Problems created by Articles of Confederation –Which rebellion pointed these out? Anti-Federalists had nothing better to offer! Better organized than Anti-Federalists –Controlled many newspapers Had “support” of national hero: George Washington Promised to add a Bill of Rights with individual freedoms Finally ratified in 1788

17. CONSTITUTIONAL PRINCIPLES: The difference between Federalism & Separation of Powers: POWER OF GOVERNMENT

18. FEDERALISM: division of power between national & state levels POWER OF GOVERNMENT - NATIONAL - STATE POWER OF GOVERNMENT

19. SEPARATION OF POWERS: among 3 separate branches – done at national & state levels -NATIONAL -STATE Legislative Executive Judicial LegislativeExecutive Judicial

20. EXCLUSIVE POWERS (Expressed, Enumerated) Of the federal government Include power to:Include power to: Coin Money Regulate Interstate commerce Declare War; Establish Army/Navy Establish Post Office Grant Copyrights & Patents Admit states Set laws of citizenship

21. RESERVED POWERS Of state governments Include power to: Regulate intrastate commerce Conduct elections Establish local governments Provide for the public safety Reserved by the 10 th Amendment

22. CONCURRENT POWERS POWERS HELD BY BOTH NATIONAL AND STATE GOVERNMENTS Include power to: Tax Borrow Money Create Banks Establish courts

23. Are the activities below powers of the federal gov’t, state governments, or both? Issue driver’s licenses Determining length of the school year Maintaining a navy Cleaning up water pollution in rivers & lakes Taxing individual & corporate income Setting up the process for administering elections