Creating the Constitution

1. Creating the Constitution Early Ch 5

2. Seat of Liberty • The Philadelphia Convention met in Independence Hall during the hot summer of 1787. • The framers came from different parts of the country, having different interests , but shared the same basic beliefs about government. • The atmosphere was tense and many of the men became so angry when expressing their views that they threatened to leave the hall.

3. The Framers • Twelve of the 13 states sent delegates to the Convention. Rhode Island abstained and New Hampshire was delayed until late July. • The delegates to the Constitutional Convention were young. The average age was only 42. • These men were remarkably well educated and experienced in politics.

4. Organization and Procedure • George Washington was elected president of the Convention. • Several rules of procedure were adopted. • It was decided that each state could cast one vote on an issue, and a majority of votes were needed to carry any proposal. • The framers met on 89 of the 116 days of the Convention. All questions that arose were settled by the full body.

5. The Decision to Write a New Constitution • The Philadelphia Convention was called to revise the • Articles of Confederation. • Most delegates agreed that writing a new constitution • was necessary. “Resolved ,… that a national Governmentought to be established consisting of a supreme Legislative, Executive and Judiciary.” Edmond Randolph, Virginia

6. The Struggle Begins • There were several plans proposed at the Convention. • Each proposal sought to protect the interest of the state that it originated from. • Controversy sparked debate and two opposing sides of opinion were revealed.

7. The Virginia Plan • Largely the work of Madison, it was presented by Edmond Randolph. • The plan called for a strong National Government with three separate branches. • It favored large states because the number of votes in the legislature would be based solely on a State’s population.

8. Details of the Virginia Plan • Bicameral Legislature. • Lower house apportioned among the states according to population. • Lower house will pick the upper house. • Both houses will elect the president. • Congress can overrule state laws.

9. The New Jersey Plan • Paterson was interested in making the Articles of Confederation more effective without changing the essential theory of government. • The New Jersey Plan increased the power of the Federal government to tax and regulate trade. • The New Jersey Plan represents the interests of the small states because it gave each state equal representation in the legislature.

10. Details of the New Jersey Plan • Unicameral legislature equally apportioned among the states. • It granted the central government the right to tax and raise revenues. • A committee would be set up to serve as an executive. • Some sort of judiciary would be set up.

11. The major disagreement between the two plans centered on… How should the States be represented in Congress? Would it be on the basis of population and financial contribution OR on the basis of State equality The battle between these plans became heated!

12. The Connecticut Compromise • Large States expected to dominate the new government and small States feared that they couldn’t protect their interests. • The Connecticut Compromise settled the conflict • It was proposed by Oliver Ellsworth

13. Congress will have two houses In the Senate: States are represented equally The term for those elected would be six years In the House: States will be represented on the basis of population The term for those in office would be for two years This compromise was so pivotal that it is referred to as The Great Compromise Details of the Connecticut Compromise

14. The Three-Fifths Compromise • Once it had been agreed to base the seats in the House on population, this question arose Should slaves be counted in the population of southern states? • Delegates agreed to count slaves as three-fifths of a person for purposes of representation and taxation.

15. The Commerce and Slave Trade Compromise • Congress was forbidden to tax exports. • This protected the agricultural interests of the south. • Additionally, Congress could not act on the slave trade for at least 20 years. • In 1808, Congress banned the importation of slaves and in 1820 declared the slave trade to be piracy. Smuggling continued until the outbreak of the Civil War.

16. A “Bundle of Compromises” • Great differences of opinion existed among the delegates. • Compromise was necessary on some issues. • However, nearly all the Framers were dedicated to the concepts of popular sovereignty, limited government, representation, separation of powers and checks and balances.

17. Sources of the Constitution • The Framers were well educated. • They were familiar with the governments of Greece and Rome and knew the political writings of their time. • Delegates drew from history, current political thought and from their own experiences.

18. The Convention Completes its Work • The convention approved the Constitution. • Most delegates agreed that the Constitution was not perfect, but it was the best that they could produce.

19. The End