The Constitutional Convention
May 25, 1787
Objective: Prove the US Constitution is a
document of Compromise and a document
of Balance.
A.) Purpose
To revise the
Articles of
Confederation
B.) Outcome
The Articles were
dismissed, and the
delegates wrote a
new set of laws—
The United States
Constitution
C.) Problems at the Convention
Problem #1How should
each state be
represented in
the Congress?
D.) Suggested Solutions to Problem #1
The Virginia Plan
James Madison drew up the plan
He suggested that Congress be a bicameral
legislature made of the House of Representatives
and the Senate
Representation in the Houses would be based
on the population of the state
Voters would elect members to one House
Representatives in the House would select
Senate members, Judges, and a President
Congress would have power to override state
laws and make laws for the states
– Heavily populated states favored the plan,
less populated states rejected it
D.) Suggested Solutions to Problem #1
The New Jersey Plan
William Paterson drew up the plan
He suggested that Congress be a onehouse legislature
All states would be represented
equally in Congress
State legislatures, not the people,
would elect members to Congress
Less populated states favored the
plan
E.) The Solution to Problem #1
The Great Compromise
Roger Sherman of
Connecticut drew up the plan
The structure of Congress
was determined, Congress
would consist of two houses
The House of
Representatives
The Senate
E.) The Solution to Problem #1
The House of Representatives
States would be represented in the House of
Representatives according to their population
(The people would elect Representatives-- one
rep per 30,000 people)
The Senate
States would be represented equally in the Senate
(State legislatures would choose Senators)
Representatives and Senators would each have ONE
vote
F.) Problem #2- How to count slaves
in the population of each state
Suggestions:
Southern Suggestion- Count
slaves for representation, but
not for taxation
Northern Suggestion- Count
slaves for both representation
and taxation, or not at all
G.) The Solution to Problem #2
The Three-Fifths Compromise
(3/5ths)
3/5ths of the slaves would
be counted for taxation and
for representation in the
House of Representatives
Congress could not prohibit
slave trading until 1808
The Commercial Compromise
Congress could regulate state trade
but NOT tax state exports.
H.) Problem #3- Who should have
power in the new government?
Sovereignty: The source of a
governments power or authority.
Solution #1-
FEDERALISMThe national government and the
state governments would share
power, this division created a
balance of power
between the National Government
and the state governments
The Balance of Power
The Supremacy Clause: Article VI-Section 2 The
Constitution, Acts of Congress and Presidential
Treaties are the Supreme Laws of the land.
No state can make laws to the contrary
The Reserved Powers Clause: Amendment # 10
Any powers not delegated to the National
Government were reserved for the states.
Balance of Power
Delegated Powers: Powers delegated to to the
National Government
• Make money, declare war, draft an army
Reserved Powers: Powers Reserved to the
States
build schools, regulate marriage laws
Concurrent Powers: Powers possessed by both
the National and State Governments
ability to tax, build roads
H.) Problem #3- Who should have
power in the new government?
Solution #2- Separation of Powers
Create three branches of the government,
and give each branch a specific job
Solution #2- Separation of Powers
The Legislative Branch– Congress- Job is to make laws
The Executive Branch– The President- Job is to execute, or carry out the laws
– -elected by the electoral college
The Judicial BranchThe Supreme Court- Job is to interpret the laws, and
declare laws and presidential actions unconstitutionalJUDICIAL REVIEW
– To prevent any branch from becoming too powerful, a
system of Checks and Balances was established