WE THE
PEOPLE
The making of the Constitution
Why Write the Constitution?*
• People favored a republic – citizens rule through
elected representatives
• Articles of Confederation (1st Attempt)
– Weak Central Government – No Power
• one branch
• each state = 1 vote
• no national currency
– Continental Congress had no power to
• tax
• settle disputes between the states
– Domestic and Foreign Problems
• Shays’s Rebellion
• Lots of debt (can’t pay it back)
Two Options
• Amend (change) the Articles of Confederation
• Write new articles
The Constitutional
Convention
The Constitutional Convention
• Meeting of delegates from all states (except
Rhode Island) to create a new plan for the
United States government
• Began May 25, 1787 in Philadelphia, PA
• 55 delegates attended, including James Madison
& George Washington
• Constitution was written to solve problems of a
weak central government under the Articles of
Confederation.
Issues #1 w/ the Constitution
• Representation
• Large states -- all representation should be
proportional -- based on the population of
each state -- Therefore states with larger
populations would have more representatives in
Congress
• Small states -- all representation should be equal
-- each state has the same number of delegates
Solution to Issue #1
• New Jersey Plan (small states)
– Revise articles of Confederation - give Congress power
to tax & regulate commerce
• Virginia Plan (large states)
– Create a new form of government with 3 branches &
proportional representation
– creates a system of checks and balances
• Great (Connecticut) Compromise
– Two houses of Legislature (Bicameral)
– Senate: equal representation -- 2 votes for each state
– House of Representatives: votes based on population
Issues #2 w/ the Constitution
• Slavery
– How should slaves be counted? As property or as
Population?
– How should they be taxed?
Slave Population 1790
Solution to Issue #2
• Three-fifths Compromise
– Each slave counts as 3/5 of a white man for purposes
of taxation and representation
Issues #3 w/ the Constitution
• Who was more authority (power)?
–the States -- or–
–the National Government
Solution to Issue #3
• Federalism (Division of Power)
– Made federal law the supreme law of the land, but
otherwise gave the states considerable leeway to govern
themselves
– Limited the powers of the federal government to those
identified in the Constitution
Issues #4 w/ the Constitution
• Free Flow of Commerce among
the States
–Tariff Issue (Tax)
Solution to Issue #4
• Commerce Clause
–gave Congress the power to regulate trade
between the states as well as with foreign
nations.
Important People
• George Washington, Chairman of the Convention
– Washington presided at the Convention and, although
seldom participating in the debates, lent his enormous
prestige to the proceedings.
• James Madison, “Father of the Constitution”
– Madison, a Virginian who kept copious notes—the best
record historians have of what transpired
– Authored the “Virginia Plan,” which became the
foundation for the structure of the new government.
– He later authored much of the Bill of Rights.
Ratification
• Before the Constitution can be put into practice, it
must be ratified, or approved by the states.
– Debate over Constitution -- (Federalists and Antifederalists)
– Each state sets up a convention to approve or reject the
Constitution
– Nine states must accept the Constitution for it to be
ratified
Federalists -v- Anti-Federalists
• Federalists (In favor of the Constitution)
– Favor a strong national government that shares power with the
states
– Believed that separation of powers created checks and balances
– Believed that the individual rights of citizens were implied in the
Constitution and that there was no need for a Bill of Rights
• Anti-Federalists (Against the Constitution)
– Believed that a federal Government would favor the interests of
the rich and powerful and ignore the rights of the poor
– Believed that one central government would be too powerful and
would threaten individual rights and liberties
– And therefore believed that individual rights must be protected in
a Bill of Rights
Federalists -v- Anti-Federalists
• Federalists write a series of papers called the
“Federalist Papers”
– actually written by: Alexander Hamilton, John Jay and
James Madison
– present arguments for the Constitution
• Anti-Federalists also write papers, but are not as
organized
– Presented arguments against the Constitution
The Constitution is Born
• After promising a Bill of Rights will be added,
states begin to ratify the Constitution. (Delaware
is 1st)
• In December 1791, the Bill of Rights (the first 10
Amendments), written by James Madison are
added to the Constitution
– guaranteed the rights of individual citizens
– these rights can not be taken away by the Federal
government
– without the Bill of Rights, the Constitution could not
have been ratified
Organizing the New Gov’t
• Federal System of Gov’t (Federalism):
– governmental power is divided between the central
government and various state governments
• US Government
– Guiding Principles
• Separation of Powers - separate branches with
independent powers and responsibilities so one
doesn’t become to powerful.
• Checks and Balances – each branch can limit the
powers of the others, to assure that one branch
doesn’t becomes too powerful
Branches of Gov’t
• Legislative– Congress (makes the laws)
– House of Representatives -- representation based on
population
– Senate -- equal representation (2 per state)
– Delegated and Reserved powers
• Executive – President (enforces the laws)
– elected by Electoral College
– powers: veto over laws and nomination of certain
position
• Judicial -- Supreme Court (interprets the laws)
The Essential Understanding
• The Constitution of the United States of
America established a government that shared
power between the national government and
state governments, protected the rights of
states, and provided a system for orderly
change through amendments to the
Constitution itself.