After the Articles
• Get in groups of three
• Each group will receive an
envelop; do not open it until
I tell you!
• When I tell you…BEGIN!
• Describe the game you
devised.
• How you feel as you played.?
The Significance?
• In May of 1787, outstanding citizens from 12
states gathered in Philadelphia. They
planned to be there only a little while. They
had come to improve the Articles of
Confederation and try to create more unity
and cooperation among the states. Rhode
Island sent no representatives. How did
those men feel that May?
– Today, you used 12 paper clips. They represent
the patriots who came from the 12 states. The
die represents luck and each day that rolled
around from May 25 to September 17.
The Constitutional
Convention
A More Perfect Union:
The Creation of the US Constitution
• Let’s read the article
together, and then
address the discussion
questions.
• Homework: Complete
the Convention
Vocabulary.
• Reason for the Convention: The
U.S. had become convinced that
the government under the
Articles of the Confederation
had several flaws. Can you
name them?
– The convention was to begin on
May 14, 1787, but only eight
delegates were present.
– On May 25, 1787 after the
majority of states were in
attendance, the convention
began.
Independence
Hall:
Philadelphia
Pennsylvania
Where Declaration of
Independence was
adopted and the
Constitution was written
• Step #1: Read the biographies I’ve included in
your binder.
• Step #2: Conduct further research on your
delegate using the resources I’ve included in
the front pocket of your binder to gather more
information.
• Step #3: Answer the questions under “Day
One: Homework”
• Step #4: Create your delegate’s placard (Name
& Home State)
The President & the Secretary
• George Washington –
President of the
Convention
• Only spoke once during
those long, hot months.
– I will not interfere unless
it gets unprofessional, offtopic, or we need to call a
vote/ move onto the next
issue.
• William Jackson (S.C.) –
Secretary
– Since William Jackson is
not represented here, we
need to elect our own
Secretary who will record
all the notes for the
Convention.
The Rule of Secrecy
• "That nothing spoken in
the house be printed, or
otherwise published or
communicated without
leave."
Rules, Rules, Rules
• How many rules did the actual delegates
devise?
– 16 and then 6 more
• Caucus with your state and other delegates
from similarly sized states (S/M, L), and
come up with the rules you feel we should
have as a convention.
– What is expected from each of you?
– How will we conduct ourselves?
Ladies..ahem, Gentlemen…
• Should we keep the Articles of
Confederation?
– What were we sent here to do?
– Why should we keep them?
– What’s our other option?
Tonight’s Assignment
• Read: Questions on Legislative Branch…
– After reading it, decide how your delegate would
feel about the issues and then brainstorm a
prepare your speeches/arguments for tomorrow.
(Record this in your packet.)
– Be ready to debate tomorrow.
• EXTRA HOMEWORK:
– Virginia Delegation: Read Virginia Plan
– New Jersey Delegation: Read NJ Plan
– Alexander Hamilton: Read Hamilton’s Plan
– Roger Sherman: Read The Great Compromise
Opening Question:
• For what reason did
most delegates believe
they were meeting?
• What did we decide
yesterday?
The Legislature
• Please make sure you are sitting next
to/near the delegate from your state
– Caucus with other state members or likeminded delegates what you read last night.
•
•
•
•
Virginia Delegation meet alone
Small States Caucus (DE, NH, NJ, GA)
Medium States Caucus (CT, MD, SC, NC)
Large States Caucus (MA, NY, PA)
The Virginia Plan
• May 29, 1787 Edmund Randolph from Virginia
submitted and defended a set of 15 Resolutions known
as the Virginia Plan the to the Convention
• 3 Branches—legislative, executive, and judicial
• Wanted representation based upon population
• Highly centralized gov’t would have veto power over
state laws
• Key issue (as stated by G. Morris of PA) was the
difference between:
– Federation—a mere compact resting on the good faith of the
parties, shadow government fragmented and hopelessly
ineffective
– National Government—complete and mandatory operation;
supreme power capable of exercising the necessary authority
The New Jersey Plan
• June 14, New Jersey (William Paterson)
requested postponement of Virginia Plan to
present an alternative plan.
• Called only for revisions to the A of C
– Make Congress better able to raise revenue
– Regulate commerce
– Let it ratify treaties as the “Supreme Law of the
States”
– They wanted 1 vote one state as they were
guaranteed under the A of C
Hamilton’s Plan
• Called for a government just like
Britain’s which he claimed was the
“best in the world”
– Lower house popularly elected (3
years)
– Upper house elected by electors
(LIFE!)
– Executive elected by electors (LIFE!)
– Judiciary (LIFE!)
– National government absolute veto
power over states
• This scared the other states!
– Why would he want this system?
Duh!
The Great Compromise
• Roger Sherman, proposed a twohouse legislature:
– Senate and a House of Representatives.
– The Senate would have an equal number of
representatives from each state.
• This would satisfy the states with smaller populations.
– The House of Representatives would include
one representative for each 30,000
individuals in a state.
• This pleased states with larger populations.
Representation
For Tomorrow
• Please read the
article on Slavery.
• Make sure you
complete the
questions that follow
the article!
Beginning Today’s Debate
• Please discuss with your caucus the following:
(but today, caucus regionally)
– What are the powers of states vs. the Federal
Congress…who should have ultimate power?
• Let’s Debate!
Slavery & Representation
• “On August 21 Martin of
Maryland proposed a tax
on slave importation, the
convention was thrust
into a strident discussion
of the institution of
slavery and its moral and
economic relationship to
the new government.”
Arguments For & Against Slavery
For Slavery
• C. Pinckney stated, "if
slavery be wrong, it is
justified by the example of
all the world."
• Rutledge warns that North
Carolina, South Carolina
and Georgia will not sign
the Constitution without
certain slavery protection
clauses.
Arguments For & Against Slavery
Against Slavery
• Samuel Hopkins of CT—“How
does it appear…that these states,
who have been fighting for
liberty and consider themselves
as the highest and most noble
example of zeal for it, cannot
agree in any political
Constitution, unless it indulge
and authorize them to enslave
their fellow men…AH! These
unclean spirits, like frogs, they
like the Furies of the poets are
spreading discord, and exciting
men to contention and war.”
Slavery Debate!
• How will slaves count toward representation?
• Should the slave trade continue or cease? If
so, when?
• Should Congress be allowed to tax imported
slaves?
• Caucus and then debate!
The Convention’s Decision
• Article 1, Section 9
• The Migration or Importation of
such Persons as any of the States now
existing shall think proper to admit,
shall not be prohibited by the
Congress prior to the Year one
thousand eight hundred and eight,
but a Tax or duty may be imposed on
such Importation, not exceeding ten
dollars for each Person.
The Convention’s Compromises
• Southern victory: No bans or restrictions on the
Atlantic slave trade for 20 years (until 1808)
• Northern victory: Taxes were imposed on all
imported slaves (a Tax or duty may be imposed on
such Importation, not exceeding ten dollars for each
Person.)
• Southern victory: The same day this agreement
was reached, the convention also adopted the
fugitive slave clause, requiring the return of
runaway slaves to their owners.
The 3/5 Compromise
• Representatives and direct Taxes shall be
apportioned among the several States which
may be included within this Union, according
to their respective Numbers, which shall be
determined by adding to the whole Number
of free Persons, including those bound to
Service for a Term of Years, and excluding
Indians not taxed, three fifths of all other
Persons .
• What was the 3/5
Compromise?
– 1 free person/one vote
– 3/5 of all other people
for the purposes of
taxation and
representation
– Preserved the practice
of slavery
• Slave trade would
continue until 1808 (20
yrs.)
Madison’s Words
“Twenty years will produce
all the mischief that can be
apprehended from the
liberty to import slaves." He
also "thought it wrong to
admit into the Constitution
the idea that there could be
property in men."
How it plays out…
• 1793 slave states would have been
apportioned 33 seats in the House of
Representatives had the seats been assigned
based on the free population; instead they
were apportioned 47
• In 1812, slaveholding states had 76 instead
of the 59 they would have had
• In 1833, 98 instead of 73.
1. Should we have an executive? Why or why not?
2. How many executives should we have (if we have
any)?
3. What powers will the executive(s) have?
4. How should the president be elected? Legislature?
Direct election? Other means?
5. What qualifications must the president meet in
order to become president?
6. How long should s/he/they serve?
7. Can they be re-elected? If so, how many times?
• Agreed on Electoral College with majority of
electoral votes needed for the election of the
Executive.
• Agreed (nem con) that the President should be:
1. Natural-born citizen, or born abroad, but only to
parents who were both citizens of the U.S.
2. A permanent resident for 14 years in the USA
3. Be 35 years of age.
• Term of the President is 4 years
• Job of the President:
– Sign or veto legislation
– Commander-in-chief of the military
– Directs US foreign policy
– Chief executive – "take(s) care that the laws be
faithfully executed.”
– Power to nominate federal judges
– May grant pardons
The Judiciary
• Should we have a national court system?
Why or why not?
• If so, how should it be set up?
• How long should the term of office be for a
justice?
• Should they be able to serve more than one
term? If so, how many?
The Judiciary
• Proposal: A “Council of Revision” to review
all bills passed by the legislature BEFORE
they went into effect?
– So basically, for a bill to become law, the
President AND the Judiciary (Supreme Court)
would have to approve said bill…
– This is called PRIOR REVIEW
Gerry & King
• Both objected to allowing the
Judiciary the power of prior
review…why?!?
– Bias…If the judges helped to make
the laws, how could they possibly
then say that the laws were
UNCONSTITUTIONAL?
The Supreme Court
• Article II establishes the President’s right to
nominate justices subject to Senate approval
• Article III further provides that "[t]he Judges,
both of the supreme and inferior Courts, shall
hold their Offices during good Behavior, and
shall, at stated Times, receive for their Services,
a Compensation, which shall not be diminished
during their Continuance in Office.“
– For life…or until they retire!
Powers of the Supreme Court
• Original Jurisdiction is restricted to the
following
– Dealing with international treaties
– Dealing with ambassadors
– Dealing with maritime (sea) jurisdiction
– Conflicts between two or more states,
– Dealing with foreign states, citizens or subjects
What is Judicial Review?
• The actions of the Executive (President) and
Legislative (Congress) branches are able to
be reviewed by the Judicial branch (the
Supreme Court).
– One of the key “checks and balances” in our
government
– Supreme Court can override existing law and
create new law through appellate jurisdiction
Reflection & Analysis
• What was the most challenging part of the
convention? Explain.
• What did you learn from the experience?
• Did it change how you thought about our
Founding Fathers? If so, how?
• What did this taste of “democracy in action”
do to the groups in the class (Ex: North,
South, Large State, Small State, etc…)
Next Week: Exam
• Study guide: Please use the
Simulation folder and the
PowerPoint to prepare.
• Exam will consist of multiple
choice, matching and essays.
–Total Points: 50