United States
Constitution
Composition and Creation of:
Objective:
You will be able to
analyze and discuss the
different aspects in
creating the Constitution.
Philadelphia Convention
May
25, 1787 the delegates
get to work.
55 Delegates descend upon
Philadelphia from 12 states.
Rhode Island did not attend.
Delegates has mixed
background of experience.
Experience
 Many
of the individuals had
served as governors, helped write
state constitutions and had signed
the Declaration of Independence
just over 10 years ago.
Missing Members
•Some of the biggest
names were missing
at the Convention.
Adams and Jefferson
Missing



Jefferson: In Paris serving as minister to France
Adams: in Great Britain as minister to Great
Britain
Patrick Henry: turned down invite
Others not there

Rhode Island boycotted (distrusted a powerful
federal government) 13th state to ratify 1790
Untimely deaths




Hamilton killed by Aaron Burr 1804 duel
NC Richard Spaight died in duel with John
Stanly
Va George Wythe died of arsenic poisoning
PA Morris died after sefl surgery to fix a urinary
tract blockage with a whale bone
Big Names that were there:
Franklin and Madison “Father of the
Constitution’
Washington
Attendance Spotty
• May 14 1787: only PA and Va were
present
• May 25th finally a quorum of 7 states
• 19/55 delegates to convention never
attended a single session
• Only 30 delegates stayed for the full 4
months
Delegates
• 55 delegates participated but only 39
signed
• Madison Morris nicknamed Penman of the
constitution (rewrote preamble) BUT real
credit for the final copy goes to Jacob
Shallus (assistant clerk of PA state
Assembly)
Issue coming into the
Convention
How
to create a strong
government to preserve
order but not too strong
that liberty may be
suppressed.
What they agreed upon
 The
ideas of limited and
representative government.
 The division of government into 3
branches.
 Need to strengthen Nat’l
government.
Concept #1 Separation of Powers
Dividing power among the three branches
of Government
 House of Representatives, Senate
 President
 Judicial

Concept #2 Limited Government
Federalism

A system of government in which power is
divided between the national government
and the state governments and in which
independent states are bound together
under one nationalized government
Concept #3 Checks and Balances

Government structure that gives each of
the three branches some oversight and
control over the actions of the others
Concept #4 Limited Government

Type of government in which the functions
and powers of authority are written,
limited and restricted by law to protect the
citizenry.
U.S. Constitution
Basic Structure:
 Over 4500 words
 4000 dedicated to how the three branches
of government will be
 400 to the relationship between the
states and the federal government and
amendments
PREAMBLE
First 52 Words: Most Important:
 6 Core Purposes of the Constitution

 1.
 2.
 3.
 4.
 5.
 6.
Connect the states
Establish justice
Provide Defense
Promote General Welfare
Ensure Peace
Secure Liberty now and for the future
Procedures of the Convention
Each state was only allowed one vote
 Majority votes from all states made
decisions
 All discussions were a secret! Why…?

 This
way, delegates could speak freely,
without worry about how the public would
react
The Boss

Who was chosen to
preside over the
convention?

George Washington
 Respected
for his
leadership during
the Rev. War
http://richmondthenandnow.com/Images/Famous-Visitors/George-Washington-big.jpg
Importance of the Constitutional
Convention

“I would bury my bones in this city rather
than leave the Convention without
anything being done.”
-George Mason at the Constitutional
Convention
*Everyone knew that failure could mean disaster*
The Formation of Congress
The Virginia Plan
(Large Population States)
Virginia Plan
Proposed by James
Madison
Called for bicameral
legislature.
Idea of Proportional
Representation.
Formation of Government
Called for a Strong
National Government
divided into three
governmental
branches.
Versus
►The
New Jersey Plan
(Small Population States)
In addition
Congress would be able to
veto and override any
state laws.
Creation of judiciary
appointed by legislature.
New Jersey Plan
 Looking to refine and
amend Articles of
Confederation.
Believed in the idea of
Equal Representation.
Called for Unicameral
Legislature.
Each State would have
1 vote.
Student Activity
• Examine the handout on the
population of the original thirteen
states.
• The year is 1787 and you are a
delegate from ________ in
Philadelphia deciding on how
Congress should be devised.
Discuss and answer the following
questions:
Connecticut
Delaware
Georgia
Maryland
Massachusetts
New Hampshire
New Jersey
North Carolina
Pennsylvania
Rhode Island
South Carolina
Virginia
237,946
59,096
82,548
319, 728
378,787
141,885
184,139
393,751
434,373
68,825
249,073
691,737
1. Which states do you think
will support the Virginia
Plan? The New Jersey Plan?
2. As a representative from
________ which plan would
you prefer? What are some
of the issues behind your
reasoning?
Great Compromise/
Connecticut Compromise
First suggested by
Benjamin Franklin and
worked on over the July
th
4 holiday.

The Great Compromise




Roger Sherman of Connecticut comes
up with the answer…a compromise
Lower House
 House of Representatives
 Determined by population
 What is a compromise???
 2 year terms
 Favored larger states
Upper House
 A way of resolving
 Senate
disagreements in which
 Equal representation
each side gives up
 6 year terms
something but gains
 Favored smaller states
something else
Also known as… The Connecticut
Compromise
Congress would be
established with a
bicameral
legislature.
 The
House of Representatives
would be elected on the basis
of proportional representation.
 All revenue and tax bills would
have to originate from here.
 The
Senate would be based on
the idea of equal representation.
 State legislatures would select
Senators due to the fact that
founders didn’t believe the people
were educated enough to select
them.
More arguing? What now?


Controversy over counting slaves as a
part of the population…
At this time, there were 550,000 enslaved
African Americans, mostly in the South
More arguing? What now?


Southern states said… part of the
population = more representatives for
southern states
Northern states said… slaves cannot vote
or participate in government, they should
not give the south more representatives
Three-Fifths Compromise
 Dealt
with how to count the slave
population of the south- major
sticking point in passing the
Constitution.
 South wanted each slave to count
as one person.
 Slave
trade would be banned by
1808 by way of compromise.
 The vote on the Great
Compromise was won by a single
vote.
 Never tell me your vote doesn’t
matter!!
 39 Delegates would end up
signing the work.
Another compromise




How to elect a president?
Some say… “Let Congress pick!”
Others say… “Let the people choose!”
The compromise…
Electoral College


A group of people would be chosen by
each state to choose the President
Each state given a certain number of
votes, determined by their representation
in Congress
One last compromise

Conflicts over commerce & the slave trade


Congress could regulate (control) trade
between states & other countries
However, they could NOT tax exports or
interfere with the slave trade for 20 years
The last step


Now all that had to be done was to have
all 13 states ratify the Constitution by their
own state legislatures.
Two factions spring up, the Federalists,
those who supported a strong national
government and the Anti-Federalists, who
supported state rights and wanted a Bill of
Rights.
Upon ratification




Many of the small states sign off quickly,
the larger states took longer.
NYC set up as temporary capital.
Government was set and running, GW as
president and John Adams as VP.
Finally, Madison draws up 12 amendments
to the Constitution for Congress to vote on
and 10 were adopted creating the Bill of
Rights.
st
1
U.S. Congress
(1789-1791) vs.
th
109 U.S. Congress
(2005-2007)
Examining the number of
states in the Union, and
the number of
Representatives in the
House and Senate.
States in the Union
 In
50
45
40
35
30
25
20
15
10
5
0
1st
109th
States
over 200
years the size of
the United States
has grown from
13 to 50 states
which has
altered the
landscape and
size of
Congress.
Senate (Upper House)
100
90
80
70
60
50
40
30
20
10
0
Each state has two
senators.
 They are elected
and serve in office
for 6 year terms.
 There are no term
limits, therefore
they can
continuously run
for re-election.

1st
109th
Senate
Senate continued…
Every
two years onethird of the Senate is
elected.
The minimum age to
serve in the Senate is 30
years old.
Senate Responsibilities
 The ability to put on trial anyone in
government that has been
impeached.
 Also the ability to reject, accept or
amend bills from the House.
 Confirm all Presidential nominees
to fill seats in governmental offices
by a majority vote.
Ex. Supreme Court Justice.
House of Representatives
(Lower House)
 Each
450
400
350
300
250
200
150
100
50
0
1st
109th
House of Reps.
state is
guaranteed at
least 1 Rep.
 Initially a body of
65 members has
grown to 435
members plus 5
non-voting
members.
House of Representatives cont…
The
minimum age to
serve is only 25 years
old.
Special House Responsibilities
 The power to initiate revenue bills
imposing taxes and bills on
government expenditures.
 Impeach governmental officials.
 Elect the President in electoral
deadlocks- only happened twice in
history, both in the early 1800s.
Congressional Powers shared
• The sole ability to declare war.
• To establish and maintain an
Army and Navy.
• Pass all laws that are necessary
and proper.
• Propose amendments to the
Constitution.
Growing Differences:
A need for concern?
The only state in 1790 with
one representative was
Delaware, now seven states
have only one (Alaska,
Delaware, Montana, North
Dakota, South Dakota,
Vermont and Wyoming).
The
largest state in 1790
was Virginia with 11
representatives, California
now has 53 followed by
Texas with 32.
Do We Need to Revisit the
Composition of Congress?
 Do
you think it is fair or unfair
that states like Alaska and
Vermont have only one
representative while California has
53? Explain your position.
 Do you have suggestions for
change? If so, what are they
specifically?
Homework
Consider this:
The seven states discussed
earlier have only one
representative in the House. If
they were given one more,
which would equal two
representatives for the state,
would this have altered the
Presidential Election of 2000?