The Constitution

1. The Constitution

2. Constitutional Convention • 1787 – Philadelphia • Sessions conducted in secret • 55 Delegates – from 12 states • Wide range of public service experience • Wealth, prestige, youth • Average age 42 • 17 slave owners

3. Constitutional Convention • George Washington • President of the Convention • James Madison • Father of the Constitution • Madison’s Notes • Each state had one vote • Originally met to revise articles, • Now creating an entirely new document

4. Virginia Plan • “Large State Plan” • James Madison, Edmund Randolph • Bicameral (two house)Legislature • Based on population • Lower house elected by people, upper house chosen by lower house • Executive chosen by Legislature • Judiciary chosen by Legislature

5. New Jersey Plan • “Small State Plan” • William Patterson • Unicameral ( One house) Legislature • 1 vote per state • Weak plural executive • Judicial appointed by executive

6. The Plans Virginia Plan New Jersey Plan Legislature Legislature Executive Executive Judicial Judicial British Parliament Articles of Confederation

7. Great Compromise • “Connecticut Compromise” • Roger Sherman, Ben Franklin • Bicameral Legislatures • House – population • Senate – each state equal • Strong Executive – President • Separate Judiciary

8. Other ompromises • Separation of Powers • Unlike both VA and NJ plans • Each branch chosen by different methods • House – directly by people • Senate – state legislatures • President – electoral college • Judiciary – President and Senate

9. 3/5th Compromise • For purposes of determining representation in the House of Representatives • South wanted to count all slaves • Some northerners wanted to count none • Is this only about slavery? • Compromise at counting 3/5ths of slaves • Kept the balance of power between N and S • Continued this practice until the Civil War

10. Slave Trade Compromise • Art I, Sec 8, Clause 1 • “The migration and importation of such persons as any of the States now existing shall think proper to admit, shall not be prohibited by Congress prior to the year one thousand eight hundred and eight (1808), but a tax or duty may be imposed on such importation, not exceeding ten dollars for each Person>”

11. Slave Trade Compromise • Opponents of slavery considered the slave trade the worst aspect of slavery • Focused on this as a start to achieving a complete ban • Congress forbidden to act on The slave trade for another 20 years (1808) at which time the trade was ended.

12. Finished September 17, 1787 • Now needs to be sent to the states for approval – ratification required 9 of 13 states

13. Ratification • Federalists (Supported Ratification) • Madison, Washington, Jay, Hamilton • Stressed weaknesses of Articles • “Federalist Papers” • Difficulties facing new nation required a strong central government • Didn’t need a bill of rights because: • Power already divided among branches • State constitution have their own bill of rights

14. Ratification • Anti-Federalists – Did not want the new constitution to be ratified. • Henry, Lee, Hancock, S. Adams, Mason • Two major complaints: • Too much power to national government • No Bill of Rights • Other complaints: • Didn’t like ratification process • No mention of god

15. Eventually ratified, new government to begin in New York in 1789.