Forming a Government

Creating a Constitution

CHAPTER 5, SECTION 3

PAGES 163 - 168

Building Background

It did not take long for people to realize that the Articles of Confederation had many weaknesses.

By the mid-1780s, most political leaders agreed that changes were needed.

To make those changes, they called on people with experience in government.

Constitutional Convention

In February 1787, the Confederation Congress invited each state to send delegates to a convention in Philadelphia.

The goal of the meeting was to improve the Articles of Confederation.

Constitutional Convention

The Constitutional Convention was held in May 1787 in Philadelphia’s Independence Hall.

George Washington was elected president of the Convention.

Although the intent was to improve the Articles of Confederation, the delegates left with an entirely new U.S. Constitution.

Delegates

Most of the delegates were well educated, and many had served in state legislatures or Congress.

Benjamin Franklin and James Madison were there.

John Adams, Thomas Jefferson, and Patrick Henry did not attend for various reasons.

Compromise

Several issues divided the delegates to the convention.

Some wanted only small changes to the Articles of Confederation, whereas others wanted to rewrite the Articles completely.

One of the primary points of concern was state representation.

Virginia Plan

After meeting for four days, Edmund Randolph of Virginia presented his Virginia Plan.

Randolph proposed a new federal constitution that would give sovereignty, or supreme power, to the central government.

Virginia Plan

In Randolph’s plan, the legislature would be bicameral – made up of two houses, or groups of representatives.

These representatives would be chosen on the basis of the state’s population.

Larger states would have more representation than the smaller states.

New Jersey Plan

Obviously, the smaller states objected to the Virginia Plan.

They came up with a plan to prevent the larger states from having too much power.

New Jersey delegate William Patterson presented the New Jersey Plan.

New Jersey Plan

The New Jersey Plan called for a unicameral, or a one-house legislature.

The plan gave each state an equal number of votes, and thus an equal voice.

Great Compromise

After a month of debate, the delegates were unable to agree on how states should be represented.

Roger Sherman of Connecticut proposed a compromise plan.

Great Compromise

Under Sherman’s plan, the legislative branch would have two houses (bicameral).

Each state, regardless of the size, would have two representatives in the Senate, or upper house.

In the House of Representatives (lower house), the number of representatives for each state would be determined by the state’s population.

Three-Fifths Compromise

The debate over representation also involved regional differences.

Southern delegates wanted enslaved Africans to be counted as part of their state populations.

In doing that, the southern states would have more power in Congress.

Three-Fifths Compromise

Northern states disagreed with the logic of the slave states.

To resolved the problem, Itworked out a compromise.

It was proposed that only three-fifths (3/5) of the slave population be counted as part of the state’s population.

Commerce Compromise

Another major issue was the foreign slave trade.

The Commerce Compromise allowed Congress to levy tariffs on imports but not exports.

It also allowed the importation of slaves until 1807.

Federalist Government

The delegates wanted to balance the power of the central government with the power of the states.

As a result, the delegates created federalism – the sharing of power between a central government and the states that make up a country.

Federalist Government

Under the Constitution, each state must obey the authority of the federal, or national, government.

This includes control of local government, education, the chartering of corporations, and the supervision of religious groups.

States would also have the power to create and oversee civil and criminal laws.

Branches of Government

The Constitution also balances the power among the three branches of government.

Legislative Branch – proposes/passes laws

Executive Branch – ensures that laws are carried out

Judicial Branch – interprets the law

Checks and Balances

The framers of the Constitution created a system of checks and balances which keeps any branch of government from becoming too powerful.

Final Draft

The final draft of the Constitution was completed in September 1787.

Only 3 of the 42 delegates who remained in Philadelphia refused to sign the document.

The signed Constitution was sent to Congress first, and then to the states for ratification.