Constitutional Convention Philadelphia – May 1787 George Washington = president of convention 55 delegates from 12 states (RI = absent) “Well-bred, well-fed, well-read, well-wed” Franklin, Madison, Hamilton, Sherman, etc. Jefferson and John Adams = overseas diplomats Convention lasted 4 months Delegates chose to abolish Articles of Confederation and reinvent the government Fear of Treason Thoughts on the New Government Wanted a stronger central government Feared giving too much power to it > power should be with people Majority should not tyrannize the minority Popular rule??? Hamilton = called people “a great beast” Representation??? How much power should states lose? Virginia Plan (Large State Plan) ○ James Madison Bicameral (2 house) legislature ○ Members in both houses determined by population Lower house = elected by people Upper house = elected by lower house Both houses elect national executive and judiciary Branches check and balance each other New Jersey Plan (Small State Plan) ○ William Patterson One house ○ Each state has 1 vote Congress appoints multi-person executive and judiciary branches Federal government = power to tax and control commerce Laws passed by Congress = supreme law of land ○ Unites states under 1 set of laws How do we solve this??? Key debates = representation and slavery Representation Great Compromise (Connecticut Compromise) Roger Sherman ○ Bicameral Legislature Lower House = House of Representatives - Representation based on population of state Upper House = Senate - Representation = 2 senators per state Lower House elects senators (changed by 17th amendment) ○ Gave the public power and a stake in the government!! Slavery Issue North and South divided over who = counted in population ○ North argued South considered slaves property > they shouldn’t be counted ○ South argued that they should count in population 3/5ths Compromise All slaves = 3/5 of a person ○ Used phrase “all other persons” instead of slaves ○ Commerce Compromise (Slave Trade Compromise) Congress = power to regulate interstate trade and foreign commerce ○ Couldn’t take any action to control slave trade (a form of foreign commerce) until 1808 Deliberately weakened the institution of slavery James Madison “Father of the Constitution” 4th President of the United States Helped guide the structure of the new government Everybody Happy??? Main points of contention settled… Constitution = signed and sent to states for ratification on 9.17.1787 2/3 of states needed to ratify to take effect Who wants a new Constitution?? Federalists = supported ratification Wrote 85 essays arguing for ratification ○ The Federalist Papers Appeared in NY newspapers > stressed advantage of a new government Anti-Federalists = opposed ratification Wanted a bill of rights added to protect individual rights ○ Federalists promised to add one after adoption of Constitution Federalists Anti-Federalists Supporters of Constitution Opponents of Constitution Wanted strong national government Wanted a weak national government and powerful state governments Thought a strong central government would protect the country from foreign nations Thought strong central government would endanger people’s liberties Thought having a government so far away wouldn’t meet needs of people > needed governments that were local to protect people’s interests Thought the Constitution needed a Bill of Rights to specifically state the rights of citizens that the government must respect Didn’t like “necessary and proper” statement in Constitution because the wording was open to interpretation and could leave door open for Congress to abuse its power Would also provide protection, maintain order, regulate trade, guarantee rights of citizens, guarantee the nation’s debts were paid, and that American money had a stable value Thought a Bill of Rights listing citizen’s rights was unnecessary because the Constitution had already limited the government’s powers Thought that a national government that represented everyone would not be able to ignore the rights of everyone else The Constitution is Created June 1788 New Hampshire = 9th state needed for ratification NY (hardest fought) = 11th state RI = last to ratify (1790) Took 3 years to gain full ratification (1878-1790) Bill of Rights added 1791 James Madison = principle author Motivation: protect rights not specified in Constitution Outline of the (original) Constitution Section Subject___________ ____ Preamble States the purpose of the Constitution Article I Legislative branch Article II Executive branch Article III Judicial branch Article IV Relations among the States Article V Amending the Constitution Article VI Supremacy of National Law Article VII Ratifying the Constitution