Drafting the ConstitutionCreating A New GovernmentChapter 5, Section 2

The Constitutional ConventionFrustration with the Articles of

Confederation had been building for years

Congress called all states to Philadelphia in May 1787.◦Purpose was to revise the Articles of

Confederation

The Constitutional Convention

A Historic MeetingConstitutional Convention – May

1787◦Delegates from 12 states attended

some or all of the meetings (Rhode Island never took part because it opposed a strong government)

◦Each state had one vote◦Decisions were made by a simple

majority (half plus one)

A Historic Meeting

James Madison◦Father of the

Constitution◦Given this name

because of the role he played in planning and writing the final document

A Historic Meeting

The Constitutional Convention chose George Washington as its president.◦Strength and

character◦His leadership

brought the Convention respect and legitimacy

A Historic MeetingAll delegates were menMost were in their thirties and

fortiesThe delegates were well

educated (many were lawyers and half had attended college)

Many had served in the Revolution

Most were wealthy

Controversial PlansBiggest Issues of the Convention

◦Finding a balance between the large and small states

◦Finding a balance between northern and southern interests

◦Strong national government vs. states’ rights

Virginia PlanJames Madison’s Plan

◦Government would have three separate branches: executive, legislative, and judicial

◦National legislature would be bicameral (two houses)

◦Voters would choose members of the lower house, who would then choose members of the upper house

◦Members of the lower house would be in proportion to each state’s population

Virginia PlanSmall states objected to certain

parts of the Virginia PlanThey were afraid that larger

states would have more of a voice in government because they would have more votes

New Jersey Plan

Proposed by William Paterson◦Proposed a unicameral

(one house) legislature◦Each state would have

equal representation in the legislature

◦Suggested a “plural executive” – two or three top executives chosen by Congress

The Great CompromiseConnecticut delegates came up with

a compromise for the Virginia and New Jersey Plans

The legislature would be bicameral (2 houses)◦The Upper House, the Senate, would

have two representatives from each state

◦The Lower House, House of Representatives, representation would be based on states’ population

The Great CompromiseVirginia Plan –

Power to state

governments, Bicameral Legislature, Representatives based

on Population

New Jersey Plan –

Power to national

government, unicameral legislature,

Equal number of

Reps in each state

The Great Compromi

se – Bicameral legislature,

lower house

based on population,

upper house equal

number of reps in

each state

Compromises on SlaveryHow to count population?

◦Enslaved African Americans made up a large portion of some southern states (sometimes up to 30-40%)

◦Counting enslaved African Americans in full would give those states much greater representation in Congress

Compromises on SlaveryThree-fifths Compromise

◦Southern states wanted to count all slaves for representation and no slaves for taxation

◦Northern states objected◦Delegates agreed that all whites and

3/5 of slaves would be counted for representation and taxation Native Americans were not counted

Three Fifths Compromise

Compromises on SlaveryNorth and south did not

include a ban on slavery in the Constitution, although some favored it

They agreed to a clause allowing the slave trade to continue for 20 years

Fugitive Slave Clause – stated that a slave who fled to another state had to be returned to his or her original state

Checks and BalancesHow to balance the powers of

Congress and the powers of the president?

What powers should the states have and which powers should the federal government have?

Checks and BalancesHow to elect the president?

◦The people would not elect the president directly

◦The state legislatures would choose electors, who would then choose the president

◦Vice president – would go to the person who came in second for the electoral vote

Checks and BalancesChecks and Balances – set up

between the legislative, executive, and judicial branches◦Constitution provided each branch

with power to slow or stop an action taken by one of the other branches

◦Ensured that no one branch of government would dominate the others

Planning the Court SystemPresident would nominate the

judgesSenate would have the ability to

approve themJudges could not be fired

arbitrarily

Final Decisions

Basic structure of the federal government remains the same as the framers envisioned it 200 years ago◦Legislative Branch (Senate and House of

Representatives) – make the laws◦Executive Branch (President and his

advisors) – carry out the laws◦Judicial Branch (Supreme Court and

Lower Courts) – Interpret the laws as they relate to the Constitution

Final Decisions39 delegates from 12 states

signed the ConstitutionSome of the delegates would not

sign because it did not include a Bill of Rights