Creating the Constitution

1. Creating the Constitution May 1787 55 Delegates from 12 States

2. The Framers • 12 of 13 states sent delegates • All states except Rhode Island • 74 delegates chosen • 55 attended • Known as the “Framers” of the Constitution • Average age – 42 – most in their 30’s – YOUNG • Oldest delegate – Benjamin Franklin – 81 years old • George Washington, 55 years old

3. Framers, cont. • James Madison–later to become President • George Mason – author of Virginia’s Declaration of Rights • Alexander Hamilton – wants strong central government • Many of these men had fought in the Revolution (George Washington, Alexander Hamilton)

4. Where were these people? • Thomas Jefferson – American minister to France • John Adams – Envoy to England and Holland • Thomas Paine - Paris • Another famous American was not present- he claimed he “smelt a rat”… Who was it? • Patrick Henry

5. Gathering in Philadelphia • Met in Independence Hall in Philadelphia • The framers worked in secrecy • James Madison – highly respected – “Father of the Constitution” • HUGE DECISION- the Philadelphia Convention was meant to revise the Articles of Confederation, however… • Quickly decided to re-write a new Constitution

6. Virginia Plan • First plan offered • James Madison • Three branches of government: legislative, executive and judicial • Congress – bicameral – two houses • Representation based on State’s population or amount of money given to the government

7. New Jersey Plan • William Paterson New Jersey offers this plan • Congress – Unicameral house – one house • Each state equally represented – regardless of population • Called for a “Federal Executive” which was an executive branch consisting of more than one person • This plural executive could be removed at the request of a majority of the states’ governors • What are they trying to accomplish?

8. Compromises • Representation – largest issue • Large states wanted to dominate • Small states afraid they wouldn’t have any say in the new government

9. Connecticut Compromise Best of both NJ & VA plan • Two houses • Senate – states represented equally • House – represented by state population • Also called the “Great Compromise” • Why do you think it was called the “Great Compromise?”

10. Three-Fifths Compromise • How are slaves to be counted? • Fierce debate • Delegates from slave states wanted them counted • Most Northerners said “no” • Compromise: • All free persons counted, anyone else or “all other persons” counted as 3/5th’s of a person • Northerners got something in return – Southerners would have to pay – same formula used for Congress to levy a tax on a state

11. Commerce & Slave Trade Compromise • Most agreed that Congress had to have power to regulate foreign and interstate trade • Southerners were afraid of this • Thought industrial North would work against agricultural South • South wanted protections-Congress forbidden to tax exports from states • Nothing would be done about the slave trade for 20 years

12. Finally, September 17th, the convention approved the work and Benjamin Franklin had this to say… • “Sir, I agree with this Constitution to all its faults, if they are such; because I think a general Government is necessary for us…I doubt…whether any other Convention we can obtain, may be able to make a better Constitution. For when you assemble a number of men to have the advantage of their joint wisdom, you inevitably assemble with those men, all their prejudices, their passions, their errors of opinion, their local interests, and their selfish views. From such an assembly can a perfect production be expected? It therefore astonishes me, Sir, to find this system approaching so near to perfection as it does…”