creating the constitution

Creating the Constitution

The American PeopleDissatisfaction with the Articles• factions and instability• an inability to deal with economic

problems • the lack of power to deal with social

uprisings • its failure to deal quickly with Shay's

Rebellion

2 Instrumental Men

James Madison

Alexander Hamilton

Annapolis Convention• Hamilton calls for the

Convention• Madison persuades VA

to convene the convention

• Annapolis, Maryland 1786

- 5 states send 11 delegatesNY, NJ, Penn, Del, VA

- approve Congress calling a special convention Philadelphia next year

- PURPOSE: Revise the Articles

George Washington

• Decides to attend

• Motivated by Shay’s Rebellion

• Gives credibility to the convention

• Someone else actually presided most of the time

• Sat with other delegates from VA

• Spoke formally only one time towards the end – everyone agreed immediately

• Mostly behind the scenes at dinners, teas, etc..

• In favor of a strong national government

Problem Faced by Ruling Class

1. Distrusted any concentration of political power

2. Distrusted the people – “mob rule”

MadisonAt any given time, only a

distinct minority of citizens could be relied upon to set aside their private interests in favor of the common good

Philadelphia Convention

• May 25 to September 17, 1787

• Independence Hall, PA

Who Attended?

• 55 men• 12 states – no Rhode Island• average age 44- nearly half in their 30s

James Madison 36Gouvernor Morris 35Edmund Randolph 34Alexander Hamilton 32

• oldest 81 Benjamin Franklin- provides wit, experience, and common

sense

• Varied experience30 fought in revolution

- 15 saw serious action39 members of Continental Congress8 served on state Const. Conventions3 State Governors – 4 past Governors8 Signers of the Declaration of Ind.8 Judgesmore than half were lawyers¼ owned large commercial farms or plantations31 college graduates2 college presidents3 college professors2 future US Presidents1 future Vice President17 future Senators11 future Representativesall were known in their states at least ¼ had national

reputations

When Jefferson

heard in Paris who would be

at the convention,

he called them a group of demigods.

Who did not Attend?

Patrick Henry: “I smell a rat”

Samuel Adams: not chosen

John Hancock: not chosen

John Adams: Envoy to England

Thomas Jefferson:Minister to

France

Thomas Paine: In Paris

Order and Organization

• George Washington President of Convention- unanimous decision

• majority needed to conduct business

• every state gets one vote

• First decision: throw away Articles and start over

• Agree to keep proceedings secret

• Keep windows and doors covered and closed

• Each state is given one vote• Issues voted on can be

brought up again

James Madison

• Father of the Constitution

• best prepared- came with a plan- Virginia Plan- controls agenda

from beginning “every person seems to

acknowledge his greatness”

• intellectual leader• takes detailed notes

- just over 600 pages- published after the death of the last delegate( himself)

A Great ExperimentA Great Experiment

• The Debates often alluded to- the eyes of the world on them- carrying the hopes of people everywhere- the most important experiment ever undertaken: can human beings live in freedom under a government they run themselves?

• If it can work in America it can work elsewhere

Virginia/Large States Plan

• Calls for National Govt.- Legislative- Executive- Judicial

• Legislature = 2 Houses- lower house = representation based on population- upper house = elected by lower house, in reality based on population

New Jersey/Small States Plan

• one house legislature• each state gets 1 vote

- equal representation• expand powers

- tax- regulate

commerce

What is the biggest difference between the two plans?

• How they dealt with representation.

• The key to government is representation

The Great Compromise• 2 House Congress• One based on population• One based on equal

representation

. Lower House = House of Representatives- elected by the people (only body elected by the people)- based on population

Upper House = Senate- appointed by state governments- every state gets 2 representatives- equal representation

Republic

A state or nation in which the supreme power rests in all the citizens entitled to vote. This power is exercised by representatives elected, directly or indirectly, by them and responsible to them

3/5 Compromise

• Part of the Great Comp.

• Establishes the practice for counting slaves as a part of the population towards representation

• Counted as 3/5 of a person

• Also counted towards taxation

Trade/Commerce Compromise

• Congress cannot tax exports• cannot impose duty of more than

$10 a head on imported slaves• cannot stop slave trade for 20 years

- 10 states had already banned it- Georgia and the Carolinas

remained

Article I Legislative Branch

• Job- to make the law

• Members = Congress- House of Representative- Senate

• Terms- House = 2 yrs

- Senate = 6 yrs

• Major Powers- Tax and control spending

- Coining money- Maintaining a military - Declaring war on other

countries- Regulating interstate and

foreign commerce

Article II Executive Branch

• Job- enforce the law

• Members- President- Vice President- Cabinet

• Term- 4yrs

Election of President

• The President is not directly elected by the people

• When the people vote they are actually casting a vote for electors- # of Senators + # of Reps = electoral votes- a candidate wins with a majority of electoral votes- if no majority is met the House elects a Pres.- if no majority is met for VP the Senate elects

The President• Major Powers

- signs bills into law (after passed by Congress)

- executive orders (have force of law)

- Commander-in-Chief

- Makes treaties - Appoints Federal judges- Appoints ambassadors

George Washington

The Vice President• Job

- President of the Senatecan only vote in a tie

- Takes over if President dies

John Adams

Article III Judicial Branch• Job

- interpret the law

• Members- US Supreme Court is the only court mentioned in the Constitution- Congress has power to create more courts

• Term- Life (good behavior)

Articles IV-VII• Article IV

- the states• Article V

- the amendment process• Article VI

- legal status of the Constitution- the Constitution is the Supreme law

of the land!• Article VII

- Ratification

Sovereignty?

• Who will be Sovereign?- the states or the nation ?

• they ultimately decide it is the people!- protect society from the tyranny of the majority- people should have a voice, but we should check the people! No one group should have power

• The distribution of power and authority among the legislative, executive, and judicial branches of the government

Article I

Article III

Article II

Federalism• A system of government in which power is divided

between a central authority and constituent political units

• The central = national govt.• Constituent political units = state govt.

Checks and Balances• Constitutional mechanisms that authorize

each branch of government to share powers with the other branches and thereby check their activities

- Presidential veto of law passed by Congress

- Senate must approve Presidential appointments

- Supreme Court can declare a law passed by Congress as unconstitutional

• adopted on September 17, 1787• Sent to the states to be Ratified