Creating the Constitution

Opening the Constitutional Convention

Delegates to the Continental Convention met on May 25, 1787 for the first time Independence Hall.

First action of the delegates was to elect George Washington as president of the convention.

Rhode Island was the only state to boycott the convention.

Famous leaders such as John Adams, Thomas Jefferson, Sam Adams, John Hancock, and Patrick Henry did not attend.

Father of the Constitution

James Madison would later be called the “Father of the Constitution.”

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Shared Beliefs and Clashing Views

All agreed the basic purpose of government was to protect the rights to “life, liberty, and the pursuit of happiness.”

Beliefs reflected the liberal ideas of enlightenment thinkers, like England’s John Locke.

Laws of Nature Delegates decided the best way to protect these

rights was through some form of republic.

Shared Beliefs and Clashing Views

After the Revolution, all states had adopted constitutions.

Who exactly should have a say in a truly “representative” government?

Women could only vote in New Jersey until 1807.

How powerful should the federal government be?

How Should States Be Represented in the New

Government? Virginia Plan Created by James Madison Three Branches of

Government: Legislative Branch, Executive Branch, and Judicial Branch

Two houses of Congress: Lower House and Upper House

Pg. 109 in book

Legislative Branch: Makes lawsExecutive Branch: Carry out or

execute lawsJudicial Branch: Apply and

Interpret lawsLower House: membership

would be determined by population of state.

Upper House: membership would be voted on in the lower house.

How Should States Be Represented in the New

Government? New Jersey Plan Introduced by William Paterson Called for a government with three branches Only ONE house of congress with equal

membership

If you were a delegate to the Constitutional Convention…

1. What do you think would be the best way to resolve the problem of representation in Congress and why?

2. What do you think would be the best way to resolve the problem of how to count slaves in the population?

3. What do you think would be the best way to resolve the problems of whether to permit slave trading and what to do with runaway slaves?

4. What do you think would be the best option for creating an executive branch?

The Great Compromise

To most delegates from large states, representation based on population seemed both logical and fair.

Small states threatened to find a foreign ally. Roger Sherman proposed a compromise The House of Representatives would represent the people.

The number of representatives from each state would be based on the state’s population.

The Senate would represent the states. Each state would have two senators, to be elected by their state legislature.

How Should Slaves be Counted?

Southern states wanted as many representatives in the House as possible. They argued that slaves should be counted in determining representation.

Delegates from the north challenged this idea. Were slaves to be counted as people with a right to be represented in Congress? Or were they property?

Southerners were not willing to abolish slavery. Why?

Three-Fifths Compromise

James Madison proposed a compromise. Count each slave as three fifths of a person.

Northern states were in favor of giving Congress broad power to control trade.

Southern states were fearful that Congress would tax southern exports.

Compromise Congress could not place any tax on exports going to other

countries. Congress could not interfere with the slave trade for 20 years.

Three-Fifths Compromise

Fugitive Slave Clause: Escaped slaves had to be returned to their owners, even if they were caught in free states.

Chief Executive

What was the problem having one executive? Some delegates proposed a three member

executive branch. The framers agreed to a single executive, to be

called the president. A president’s term was to be limited to four years. A vice president would also be elected.

Electoral College

Framers did not believe the people nor Congress should elect the president.

Electors would choose the president.

Why would the framers create the electoral college?

The Convention Ends

Should the Constitution be ratified by the people or by the states?

Framers agreed that special conventions in each state would vote on the Constitution.

9 states would have to accept the Constitution.

Constitution was complete on September 17, 1787.

The Federalists

Federalist: Supporter of the Constitution who argued that the Constitution would create a national government that was strong enough to unite the quarreling states.

James Madison, Alexander Hamilton, and John Jay

Anti-Federalist

Anti-Federalist: Opponents of the Constitution. Argued that Congress would ruin the country with taxes, the president had power enough to rule like a king, and the judicial branch would swallow up the state courts.

Complained that the Constitution listed the powers of the government nut not the rights of the people.

Patrick Henry and Sam Adams