The Constitutional Convention

The Constitutional Convention US Politics

Overview • Basic Principles • The Organization/Structure of the New Government • The Road to Ratification

Constitutional Convention • Virginia Plan (Edmund Randolph) • bicameral legislature, lower house elected by people, upper house elected by lower house from names submitted by state legislatures. • seats in both allocated by population size • executive chosen by legislature, single term • national judiciary, chosen by legislature, life terms • national gov sovereign

Constitutional Convention • New Jersey Plan (William Paterson) • unicameral legislature, each state equal • legislature regulate trade/commerce and tax states (proportional to population) • legislature elects “collegial” executive • executive selects national judiciary • national gov sovereign

Constitutional Convention • Connecticut (Great) Compromise (Roger Sherman) • bicameral legislature • one house based on proportional representaion • one house based on state equality

Constitutional Convention • But if one house based on proportional representation, what should serve as basis? • geography? • wealth? • population?

Constitutional Convention • They settle on population, but that in turn raised the question as to who should count as part of the population • In particular, should slaves count as part of a state’s population?

Constitutional Convention Convention works out a compromise, whereby each slave counts as 3/5ths of a free person

Basic Principles • Three guiding principles of the Constitution: • Separation of Powers • Checks and Balances • Federalism

Basic Principles • Separation of Powers: • The division of the national government into three distinct branches corresponding to the basic functions of government: • Legislature (make laws) • Executive (administer the laws) • Judiciary (interpret and enforce the laws)

Basic Principles • Checks and Balances • Powers/Responsibilities given to one branch of government are offset by powers delegated to another branch. • e.g., Congress may pass a bill, but it doesn’t become law until the President signs it. • President can veto legislation, but Congress can override the veto

Checks and Balances

Basic Principles • Federalism • Shared power relations between the national government and the states • An attempt to forge a path between the strong central government of a unitary model and the weakened central government of a confederation

Basic features of the Constitution • Creates bicameral legislature (Congress) • People elect the House of Representatives • State legislatures elect Senators • Creates independent executive (President) • Chosen by the Electoral College • Creates national judiciary (Supreme Court) • Nominated by President; Confirmed by Senate

Structure/Organization • Legislature: Congress • bicameral (2 houses) • House of Representatives • based on population; the more people in the state, the more representatives it receives • Senate • each state equal representation • 2 senators per state, each senator receives one vote • contrast with Articles where each state delegation had a single vote

Structure/Organization • Executive • President • Vice President • Cabinet • Executive Agencies

Structure/Organization • Judiciary • Supreme Court • Other federal courts created by Congress

Basic features of the Constitution • Power concentrated at the national level • “Supremacy” Clause (Article 6) • New Powers (most are given to Congress) • Power to levy/collect taxes • Regulate interstate commerce • Raise and maintain a standing army • enact all laws “necessary and proper”

Amending the Constitution • Two primary means for amending the constitution: • Formal • actual changes in language of Constitution through addition or deletion) • Informal • changes in ways in which we interpret the language of the Constitution

Proposal 2/3rds vote of both houses of Congress National Convention called by 2/3rds of states Ratification Legislatures of 3/4ths of states By conventions in 3/4ths of the states Amending the Constitution

Amending the Constitution • Informal method • Supreme Court reinterprets language of the Constitution • “Judicial Review” • Marbury v. Madison (1803)

Constitution Today • Includes Amendments • Significant changes: • Bill of Rights (1st through 10th Amendments) • judicial review (Marbury v. Madison) • no slavery (13th Amendment) • expanded federal power (14th Amendment) • expanded voting rights (15th, 19th, 24th, 26th) • direct election of senators (17th Amendment) • terms limits on president (22nd Amendment)

Constitutional Convention • 17 September 1787 Convention adopts Constitution • Sends to the states for ratification (approval) • 9 states required to ratify and adopt the Constitution • Ratification by special convention in each state

Ratification Calculations • The Constitution would not have been ratified if as few as 14 votes (about 1% of total cast), had changed sides in the debate • If 36 votes had changed, a majority of states would have voted against ratification • Given that it was so close, and that we think of the Constitution as a great success • Why was it so controversial?

The Constitutional Convention