The Constitutional Convention

1. The Constitutional Convention May 14 – September 17, 1787 “ . . . The situation of this Assembly, groping as it were in the dark to find political truth . . .” -Benjamin Franklin, June 1787

2. Strengths: • States retain their rights • Establishes Post Office – communication among states But it establishes a weak central government… The Articles of Confederation

3. Loose league of friendship • No President • No Judicial System • No power to tax • No power to regulate commerce • No power to enforce treaties • All states must consent to AMMEND • 9/13 consent to pass laws • One vote for each state regardless of size Weaknesses:

4. Believed United States would not survive without a stronger central government - Washington, Adams, Franklin, Hamilton, Madison • 1786 - James Madison called a convention of all states to discuss trade and taxes Nationalists

5. Balance states rights with the need for a stronger central government Central government States rights Goal:

6. Only 5 states attended in Annapolis, Maryland • Alexander Hamilton called for convention • May 1787 - Philadelphia Convention

7. May 14, 1787 • Philadelphia Pennsylvania – Statehouse • 55 Delegates Represented 12 States • Rhode Island only state not to attend • Vow to Secrecy Constitutional Convention

8. George Washington - elected presiding officer Benjamin Franklin - 81 years old! • Alexander Hamilton – New York • Roger Sherman – Connecticut • James Madison – Virginia – well prepared & kept a record of debates • “Father of the Constitution” Delegates:

9. Larger states feel misrepresented Virginia proposes plan Compromises

10. Scrap the Articles entirely • Bicameral Legislature • 2 houses • 1 house – representation based on population & elected by voters of state • 1 house – nominated by state government & elected by 1st house Virginia Plan

11. Divide government into 3 branches: • Legislative, Executive & Judicial • Right to tax • Right to regulate foreign & interstate commerce • Under Articles – could tax coming & going • NO regulations at all • No Power to veto any law Virginia Plancontinued…

12. Add Executive & Judicial Branch • Opposed by smaller states – • Larger states would outvote them • Counterproposal Virginia Plancontinued again…

13. William Paterson • Modify Articles only to make central government stronger – states more power • Unicameral legislature - Single House • Each state would be equally represented • Power to tax • Power to regulate trade New Jersey Plan

14. June 19th - Delegates debated & proceeded with the Virginia Plan • Decided NOT to revise Articles of Confederation but… • …CREATE a new Constitution Decision Time

15. Divided geographically • Small states wanted protection from voting power of big states. • July 1787 – Turning point • Special Committee to resolve differences – Franklin chairs The Connecticut Compromisea.k.a. The Great Compromise of 1787

16. Connecticut Compromise • a.k.a. The Great Compromise • Bicameral legislature – 2 houses • 1 house – House of Representatives • Based on states population – elected by eligible voters • 1 house - Senate • Equal representation chosen • by state legislatures Franklin’s Committee House of Representatives Senate

17. Three Fifths Compromise • How to Count Slaves? • Do not count as 1, instead every 5 slaves would count as 3 free persons • Reason – determine representation in House & Taxes • Slaves would not have any voting rights or any other governmental rights. Bundle of Compromises

18. Some states wanted to end slavery. • Southern states would not accept this. • The states agreed to end the slave trade by 1808. What to do about…Slavery? Constitutional Convention

19. Constitution • Framework/Skeleton • Basic framework of our government • An Outline

20. 6 Basic Principles of the Constitution #1 • Popular Sovereignty POWER PEOPLE The People hold the power of Government.

21. #2 Limited Government • The Government is not all powerful. • It only does those things that the people have given it the power to do.

22. #3 Separation of Powers • Powers among the 3 independent & coequal branches of government LegislativeExecutiveJudicial Article IArticle II Article III

23. #4Checks & Balances Executive Judicial Legislative

24. Checks & Balances • System in which each branch of government has the ability to limit the power of the other branches to prevent any from becoming too powerful.

25. 6 Basic Principles of the Constitution #5 • Judicial Review • The courts have the power to decide whether what the government does in accord with what the Constitution provides. • Determines if government actions are unconstitutional – or not. • Marbury versus Madison

26. 6 Basic Principles of the Constitution #6 • Federalism • Division of power among a central government and several regional governments.

27. Federalism Federal Government Concurrent Powers Powers held & exercised by BOTH National & State governments Power to Tax

28. Ratifying the Constitution • Federalists – • For Ratification • James Madison, George Washington, Alexander Hamilton & John Jay

29. Ratifying the Constitution • Federalists – • Madison, Hamilton & Jay wrote The Federalist, Joint name of Publius • 85 essays – mostly published in New York Newspapers • Explained how the new Constitution worked & why it was needed.

30. Ratifying the Constitution • Antifederalists – • Not totally against federalism • John Hancock, Patrick Henry, Richard Henry Lee • Issue – whether or not the national government or state government would be supreme

31. Ratifying the Constitution • Antifederalists – • Edmund Randolph & George Mason believed the Constitution should include a Bill of Rights. • Sam Adams agreed & believed the Constitution endangered independence of states (rights). • Adding the Bill of Rights allowed the Constitution to be ratified. The Preamble