Constitutional Convention: The Birth of a Nation

1. Ch. 6The Constitutional Convention

2. The Weak Confederation • Problems with the Articles • Couldn’t effectively enforce foreign treaties • Almost impossible to amend • Most states avoided any laws created by congress • Couldn’t regulate international trade, hurt merchants • Positives • They won the Revolution with it • Most people liked the idea of strong state gov’ts and a weak national gov’t.

3. Calls for Reform • Alexander Hamilton • Political and Economic genius, New York lawyer • convinced James Madison suggest convention to Virginia Legislature • Reform gains credibility = George Washington • Shays’s Rebellion convinced him • Philadelphia - May to September 1787, 55 delegates from every state except Rhode Island • Adams, Jefferson, Patrick Henry famously absent • Washington unanimously selected President of Convention

4. Secret Convention • Creating new constitution perhaps illegal • Wanted to avoid outside influence • James Madison’s Journal - only written documentation • Virginia = most prepared group of delegates • James Madison arrived with a plan already prepared. • suspicious

5. The Virginia Plan (Large State Plan) • Three separate Branches of Government • Legislative Branch: two House Congress, each state represented according to population • Executive Branch: led by a President, enforced laws. • Judicial Branch: Supreme Court to approve laws and enforcement. • Greatly favored larger states • Possible some smaller states wouldn’t have any representation in upper house of Congress.

6. The New Jersey Plan (Small State Plan) • More closely resembled the Articles • One House legislature, each state represented equally. • Major changes: • Congress could tax the people directly • Congress could regulate international trade • Only “Federal” government could print currency • Debate between the two plans nearly ended the Convention

7. The Great Compromise • Committee led by Ben Franklin • Connecticut Compromise: (proposed by Roger Sherman of Connecticut) • Resembled much of the Virginia Plan • Two House Congress • Senate –upper house of Congress, states each have TWO Senators - equal representation • House of Representatives –lower house, each state represented according to population

8. The 3/5 Compromise • Southern states wanted to count their slaves to gain representation in House of Reps. • Northern Opposition • Slaves were considered property • Slaves not citizens • Northern states didn’t have them • Compromise – count 3 of every 5 slaves • Only mention of slavery at Convention

9. Sovereignty • Who had more power, state or Federal gov’t • Answer = neither • Power derives directly from the people. • All levels of gov’t subject to vote form the people. • Preamble confirms the idea (by Robert Morris) • Begins “We the People…” for a reason

10. Distribution of Powers • Constitution is “Supreme Law” no state could defy • Broad Federal Powers: • Expressed / Implied Powers: Power to tax, regulate interstate commerce, currency, and pass any law necessary and proper for it to carry out duties. • Recognized individuality of each state • Reserved Powers: state’s retain jurisdiction, and rights not expressly delegated to Federal government. • Complex passage of laws - Senate and House had to approve laws separately • Different terms, with different election schedules

11. Checks and Balances • President: May veto any bill by refusing to sign • Congress can override Presidential veto: 2/3 majority vote. • Federal courts: interpret the Constitution • declare any law unconstitutional • Deem any enforcement unconstitutional. • President appoints all federal judges, Senate approves them • Federal Judges: only members of Federal gov’t not elected by the people - life terms.

12. Ratification • Concern states would reject the new Constitution • Perhaps exceeded their authority • Ratification conventions held by each state • State legislatures not involved • Ratification = 9 of 13 states, not all 13 required by the Articles • No changes, or “amendments” could be made until after ratification.

13. Federalists vs. Anti-Federalists • Federalists –supporters of the new Constitution • stronger FEDERAL gov’t. - Radical new ideas • supported by the most prominent Americans - Washington & Franklin • Federalist Papers – series of essays defending the Constitution and explaining its merits • Published in pamphlets and newspapers throughout the states • Target New York - ratification was in doubt • Written by Alexander Hamilton, James Madison, and John Jay: pseudonym “Publius”

14. Anti-Federalists • Opponents of the new Constitution • Felt it betrayed principles of the Revolution • Opportunity for a tyrannical government • Would increase taxes • Favor wealthy over majority • Largest Complaint: • No Bill of Rights specifically outlining individual guaranteed rights. • Read Page 167 (Debating the Constitution)

15. Constitution Ratified • Winter 1787-1788: States bitterly, but quickly debated the new document • Delaware: first to ratify • June 1788, New Hampshire became the 9th state • Concern over New York and Virginia • Both ratified less than a month later.