The Constitutional
Convention
US Politics
Overview
• Basic Principles
• The Organization/Structure of the New
Government
• The Road to Ratification
Constitutional Convention
• Virginia Plan (Edmund
Randolph)
– bicameral legislature, lower
house elected by people, upper
house elected by lower house
from names submitted by state
legislatures.
– seats in both allocated by
population size
– executive chosen by legislature,
single term
– national judiciary, chosen by
legislature, life terms
– national gov sovereign
Constitutional Convention
• New Jersey Plan
(William Paterson)
– unicameral legislature,
each state equal
– legislature regulate
trade/commerce and tax
states (proportional to
population)
– legislature elects
“collegial” executive
– executive selects
national judiciary
– national gov sovereign
Constitutional Convention
• Connecticut (Great)
Compromise
(Roger Sherman)
– bicameral legislature
• one house based on
proportional
representaion
• one house based on
state equality
Constitutional Convention
• But if one house based on proportional
representation, what should serve as
basis?
– geography?
– wealth?
– population?
Constitutional Convention
• They settle on population, but that in
turn raised the question as to who
should count as part of the population
• In particular, should slaves count as part
of a state’s population?
Constitutional Convention
Convention works out a
compromise, whereby each slave
counts as 3/5ths of a free person
Basic Principles
•
Three guiding principles of the
Constitution:
– Separation of Powers
– Checks and Balances
– Federalism
Basic Principles
• Separation of Powers:
– The division of the national government
into three distinct branches corresponding
to the basic functions of government:
• Legislature (make laws)
• Executive (administer the laws)
• Judiciary (interpret and enforce the laws)
Basic Principles
• Checks and Balances
– Powers/Responsibilities given to one
branch of government are offset by powers
delegated to another branch.
• e.g., Congress may pass a bill, but it doesn’t
become law until the President signs it.
• President can veto legislation, but Congress
can override the veto
Checks and Balances
Basic Principles
• Federalism
– Shared power relations between the
national government and the states
– An attempt to forge a path between the
strong central government of a unitary
model and the weakened central
government of a confederation
Basic features of the
Constitution
– Creates bicameral legislature (Congress)
• People elect the House of Representatives
• State legislatures elect Senators
– Creates independent executive (President)
• Chosen by the Electoral College
– Creates national judiciary (Supreme Court)
• Nominated by President; Confirmed by Senate
Structure/Organization
• Legislature: Congress
– bicameral (2 houses)
• House of Representatives
– based on population; the more people in the state, the
more representatives it receives
• Senate
– each state equal representation
– 2 senators per state, each senator receives one vote
» contrast with Articles where each state delegation had
a single vote
Structure/Organization
• Executive
– President
– Vice President
– Cabinet
– Executive Agencies
Structure/Organization
• Judiciary
– Supreme Court
– Other federal courts
created by Congress
Basic features of the
Constitution
• Power concentrated at the national level
– “Supremacy” Clause (Article 6)
• New Powers (most are given to Congress)
–
–
–
–
Power to levy/collect taxes
Regulate interstate commerce
Raise and maintain a standing army
enact all laws “necessary and proper”
Amending the Constitution
• Two primary means for amending the
constitution:
– Formal
• actual changes in language of Constitution
through addition or deletion)
– Informal
• changes in ways in which we interpret the
language of the Constitution
Amending the Constitution
Proposal
Ratification
2/3rds vote of both
houses of Congress
Legislatures of 3/4ths
of states
National Convention
called by 2/3rds of
states
By conventions in
3/4ths of the states
Amending the Constitution
• Informal method
– Supreme Court reinterprets language of
the Constitution
• “Judicial Review”
• Marbury v. Madison (1803)
Constitution Today
• Includes Amendments
• Significant changes:
–
–
–
–
–
–
–
Bill of Rights (1st through 10th Amendments)
judicial review (Marbury v. Madison)
no slavery (13th Amendment)
expanded federal power (14th Amendment)
expanded voting rights (15th, 19th, 24th, 26th)
direct election of senators (17th Amendment)
terms limits on president (22nd Amendment)
Constitutional Convention
• 17 September 1787 Convention adopts
Constitution
• Sends to the states for ratification (approval)
• 9 states required to ratify and adopt the
Constitution
• Ratification by special convention in each
state
Delaware
12/7/1787 30-0
Pennsylvania
New Jersey
Georgia
Connecticut
Mass.
Maryland
So. Carolina
New Hamp.
Virginia
New York
No. Carolina
Rhode Is.
12/12/87
12/19/87
1/2/1788
1/9/1788
2/6/1788
4/28/1788
5/23/1788
6/21/1788
6/25/1788
7/26/1788
11/21/89
5/29/1790
46-23
38-0
26-0
128-40
187-168
63-11
149-73
57-46
89-79
30-27
187-77
34-32
Delaware
12/7/87
30-0
Pennsylvania
New Jersey
Georgia
Connecticut
Mass.
Maryland
So. Carolina
New Hamp.
Virginia
New York
No. Carolina
Rhode Is.
12/12/87
12/19/87
1/2/1788
1/9/1788
2/6/1788
4/28/88
5/23/88
6/21/88
6/25/88
7/26/88
11/21/89
5/29/90
46-23 (12)
38-0
26-0
128-40
187-168(10)
63-11
149-73
57-46 (6)
89-79 (6)
30-27 (2)
187-77
34-32
Ratification Calculations
• The Constitution would not have been ratified
if as few as 14 votes (about 1% of total cast),
had changed sides in the debate
• If 36 votes had changed, a majority of states
would have voted against ratification
• Given that it was so close, and that we think
of the Constitution as a great success
• Why was it so controversial?