The C onstitutional Convention

1. The Constitutional Convention 1787

2. Why did was there a convention? • After Shay’s Rebellion the delegates realized the Articles of Confederation were not working • At first just wanted to fix the Articles • Realized would need to give more power to a national government • Decided to write a Constitution

3. Terms to Know • Delegate: person picked to represent you • Framer: A delegate at the Constitution Convention who helped with the Constitution • Founder: A Delegate who helped with the Revolutionary War • Ratification: formal approval of the Constitution Independence Hall in Philadelphia

4. Who were the Framers? George Washington James Madison • After Revolutionary War wanted to retire back to Virginia • Went to the Convention so others would also go • Became the President of the Convention • Wanted everyone to share their opinions • Wanted a strong national government • From Virginia • Wanted a Strong National Government • Wrote the Virginia Plan • Known as the “Father of the Constitution” because most of his ideas were used • Secretly wrote notes about the convention • Representative Dem0cracy

5. Who were the Framers? Alexander Hamilton Ben Franklin • Wanted a strong national government • Became angry and left convention early • Suggested a King for the new leader & people were angry • Will later set up our economic system • From Pennsylvania • Oldest delegate at the convention • Respected & helps negotiate the Great Compromise • Wants a strong national government

6. Who were the Framers? George Mason Roger Sherman • From Virginia • Does not agree with a strong national government • Wants a list of rights that will protect the rights of the people called a Bill of Rights • From Connecticut • Came up with the Connecticut Plan which became the Great Compromise

7. Not at the Convention Patrick Henry Thomas Jefferson • A Founder • During Revolution said “Give Me Liberty or Give Me Death” • Did not go to the convention because he “smelled a rat” • He feared a strong national government • From Virginia • Agreed with a strong national government • Was in France as an ambassador so was not at the convention

8. It’s a Secret! • Why? • 1. Don’t want the delegates to be influenced by special interests of the people • 2. Want an open discussion to get more ideas • 3. Afraid the people will not agree with it

9. Issue #1 Small States Big States • What did they want? • Just wanted to fix the Articles of Confederation because each state only had one vote • Equal Representation: Each state has same number of votes regardless of size • Afraid big states would become too powerful • What did they want? • Proportional Representation: number of votes should be determined by population • Bigger states would have more votes

10. Solution: Legislative Branch Congress • Legislative Branch would have two houses • 1. House of Representatives: Proportional Representation by population • 2. The Senate: Equal Representation-every state has two Senators

11. Issue #2: Northern States Southern States • Wanted to end slave trade • Did not want slaves to count as population for representation • Wanted tariffs on foreign trade • Tariff: tax on trade • Did not want to abolish slavery • Abolish: to rid of or end • Wanted run away slaves returned • Wanted slaves to count toward population so have more representatives • Did not want tariffs on trade goods Why is this important?

12. Solution: Northern States Southern States • If Southern states counted slaves toward population they had to pay more tax • Congress got the power to control trade which helped Northern states • Slave Trade could not end until 1808 • Three-fifths Clause: each Slave would count as 3/5 of a person for representation • Fugitive Slave Clause: run away slaves must be returned

13. Issue #3: Who Has More Power? National Government State Government • Federalists: want a strong national government • Afraid a Bill of Rights would limit the rights of citizens • Feel need a stronger government to unify the states • Anti-Federalists: want a weak national government • Want a Bill of Rights to guarantee citizens’ rights • Afraid of another king The Federalist Papers were written by James Madison, Alexander Hamilton & John Jay to encourage support for a strong national government.

14. Solutions: What the National Government Can Do: • Apportioned: to divide and assign • Ex: Taxes will be apportioned among the states • Enumerated Powers: list of jobs given to Congress specifically listed in the Constitution • Ex: The Constitution enumerates the powers of Congress • Necessary & Proper Clause: Congress can make laws that are needed to carry out their powers • Supremacy Clause: the Constitution is the highest law of the land & must be followed by everyone (including the states & courts)

15. Solutions: What the National Gov. Can’t Do: • Bills of Attainder: Punishing someone for a crime without a trial • Ex Post Facto: (After the Fact) • Can’t punish someone for a crime if it wasn’t a crime when they committed it • Writ of Habeas Corpus: can not hold a prisoner unless have a reason to put them in jail

16. Terms to Know: • National Government + State Government= Federal System • Treason: aiding the enemy during wartime; betraying your country • The only crime listed in the Constitution • Separated Powers: Each branch has different jobs • Balance of Powers: no one branch can become too powerful over the other