CHAPTER 8-2

CREATING THE CONSTITUTION

September 1786Delegates from 5 states met in MarylandDiscussed trade among states – taxes

May 1787 Convention in PhiladelphiaDelegates from 12 states (not Rhode Island)

The Call for a Constitutional Convention

CONSITUTIONAL CONVENTION

May 25, 1787 First nominated a president Unanimously chose George Washington –

hero of the Revolution

Discussions held in secret – political pressure

James Madison took great notes –so we know now what happened

FOUNDING FATHERS

55 delegates met at the Constitutional Convention

Many were part of their state legislatures and had written their state constitutions, signers of Declaration of Independence and Articles of Confederation

POPULAR SOVEREIGNTY

James Madison & James Wilson

A government system of popular sovereignty is one in which THE PEOPLE RULE

Election of national legislature BY THE PEOPLE

Wanted government strong enough to protect rights BUTNot so strong as to oppress them

CHALLENGES at CONVENTION

TWO DIFFERENT PLANS

LEGISLATIVE 2 houses – reps by state

population Lower house – people elect Upper House – lower house

elect

EXECUTIVE Appointed by legislative

JUDICIAL Appointed by legislative

LEGISLATIVE 1 house – one vote

each state (regardless of size)

Elected by state legislature

EXECUTIVE Appointed by

legislative

JUDICIAL Appointed by

legislative

VIRGINIA PLAN NEW JERSEY PLAN

“CHECKS & BALANCES”

“ALL POWER IN HUMAN HANDS IS LIABLE TO BE ABUSED”

A way of Controlling power of government

Each branch could check the powers of the other branches

Founding Fathers designed new government to limit abuse of power

THE GREAT COMPROMISE

Small states not like Virginia Plan – more power to states with larger populations

“That the proportion of suffrage in the first branch should be according to the respective numbers of free inhabitants, and that in the second branch, each state should have one vote.”

Roger Sherman 7/16/1787

Senate – each state gets one vote House of Reps – representation according to

population

THE CONVENTION PASSED THE PLAN!!

THREE-FIFTHS COMPROMISE

Question – Should slaves should be counted

Southern – had more slaves wanted them counted for representation but not taxation

Northern – had fewer slaves not want them counted for representation but yes for taxation

AGREED 3/5 slave population counted for both representation and taxation

Another disagreement

Northern states outlawed slavery Wanted this ban over whole nation Southern states disagreed

AGREED Congress not ban slavery until 1808

September 17, 1787Signed by delegates

NEXT STEP...to each state for approval!

CONSTITUTION PASSED