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Drafting the Constitution

Drafting the Constitution. Shay’s Rebellion Constitutional Convention Fair Representation The Great Compromise Three-Fifths Compromise Federalism Separation of Powers Electoral Collage Article V. Shay’s Rebellion. Daniel Shay Veteran of Bunker Hill

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Drafting the Constitution

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  1. Drafting the Constitution • Shay’s Rebellion • Constitutional Convention • Fair Representation • The Great Compromise • Three-Fifths Compromise • Federalism • Separation of Powers • Electoral Collage • Article V

  2. Shay’s Rebellion • Daniel Shay • Veteran of Bunker Hill • Was supposed to go to prison for unpaid taxes • Rebelled and led an army to close the courts so he could avoid going to prison • No strong central government to control rebellions like these

  3. Constitutional Convention • Sept. 1786 • James Madison & Alexander Hamilton • Called a meeting of the states to discuss the federal government • 5 states showed up • Called a new convention in Philadelphia in May 1787 • All states except R.I. showed up

  4. Const. Convention cont. • Delegates to the convention realized that the Articles of Confederation weren’t enough • Couldn’t / shouldn’t fix the Articles • Needed a stronger central government

  5. Fair Representation • Population • Small states wanted one legislative house more representative elected by the people • Larger states wanted a legislative house of representatives and the members of that house would elect members to an upper house

  6. The Great Compromise • Roger Sherman • Two house congress • Lower house represents the people • Elected directly by the people • Based on population • Upper house would be elected by state legislatures • Each state had two • Founding fathers really didn’t trust the people • Too uneducated

  7. Three-Fifths Compromise • Slave states would have a larger population because of slaves and thus more representatives in Congress

  8. If slaves were property they should not be counted at all If slaves were people they should be counted as whole persons (If they were people, then how was it moral to enslave people?) Three-Fifths Compromise cont.

  9. Three-Fifths Compromise cont. • The compromise allowed that 3/5 of the states’ slaves may be counted for rep. purposes • Side stepped the issue of slavery • Made a condition in the Const. that said Congress could not deal with the slave trade for 20 years

  10. Federalism • Divided power between the state and national government

  11. Delegated (Enumerated) Powers Powers granted to the national gov’t Foreign affairs Coining $ National Defense Regulating trade between the states Reserved Powers Powers kept by the states Supervising Education Marriage Laws Regulating trade within the state Federalism cont.

  12. Separation of Powers • Three branches of gov’t created • Legislative – Make the laws • Executive – Carry out the laws • Judicial - Interpret the laws • Created a system of checks and balances so that one branch could not dominate the other branches

  13. Electoral College • Method of electing the President • Upper class did not trust the lower class • Each state would choose a number of electors equal to their number of reps. & senators

  14. Article V • Allowed for amending the Const. • Const. was not perfect, but rather “perfectible” • Congress still had to ratify • George Washington did not expect the Const. to last 20 years

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