A New ConstitutionChapter 3 Section 2

Do NowExplain an historic event when compromise

was needed to find a solution.

IntroductionIn 1787, the delegates to the Constitutional

Convention intended to revise the Articles of Confederation

Instead they began drafting a new constitution

The delegates negotiated many difficult compromises before agreeing on the structure of the federal system.

The Constitutional ConventionNationalists – people who supported a

stronger central governmentIncluded Benjamin Franklin, George

Washington, James Madison, John Adams, and Robert Morris

In 1786 Virginia had a convention, but only delegates from 5 states attended.

Hamilton called for the Congress to call a convention to revise the Articles of Confederation in PhiladelphiaThe Violence of Shay’s Rebellion convinced the

delegates to attend

The Framers of the Constitution55 “All Star” delegates attended the Convention,

which began in May 1787Majority were attorneys, others were planters and

merchantsMost had government experience

7 States Governors 39 Members of Congress 8 Signed Dec. of Independence Jefferson could not attend – in France as US ambassador

Delegates choose George Washington as presiding officeNotable Attendees: NY Alexander Hamilton, CT (Roger

Sherman, V. (James Madison) who kept records of debates.

The “All Star” Delegates

Alexander Hamilton“Alexander Hamilton, the first U.S. secretary of the treasury, was one of the principle advocates for the ratification of the Constitution. He believed in the necessity of a strong centralized U.S. government supported by the tax payments of its citizens, and bolstered by an international record of good credit. In honor of Hamilton's successful tenure as the secretary of the treasury, his likeness is imprinted on the U.S. ten-dollar bill.”

William Patterson“As a New Jersey delegate to the Constitutional Convention, William Paterson proposed the New Jersey plan of union, which would have given every state the same number of votes in Congress. The plan favored small states, in contrast to the Virginia Plan, which proposed proportional representation. The Connecticut Compromise, which was eventually adopted, joined the two plans in a bicameral legislature. The compromise satisfied Paterson, who, upon returning to New Jersey, advocated the ratification of the Constitution. “

Roger Sherman“Roger Sherman, a delegate to the Constitutional Convention from Connecticut, thought that the executive branch should report to the legislative branch. He also was opposed to the idea of allowing the person leading the executive branch to be re-elected.”

James Madison“James Madison served as the fourth president of the United States from 1809 to 1817. Active in revolutionary politics, Madison served on the Continental Congress, was a delegate to the Constitutional Convention, and helped to author the Federalist Papers. Prior to his two terms as president, he also served in Congress and as U.S. secretary of state.”

Ben Franklin“Benjamin Franklin was a statesman, politician, inventor, writer, and printer. He was also the only person to sign the Declaration of Independence, the Treaty of Paris, and the U.S. Constitution.”

George WashingtonHis legacy is ingrained in the culture and history of the United States. Although not considered a great battle tactician, Washington gained fame as commander of the American forces during the Revolutionary War. Insisting that the new nation become a republic after the war, he presided over the Constitutional Convention of 1787. George Washington was elected its first president.

The Virginia PlanVirginia delegation arrived first with a detailed planned

developed by James MadisonVirginia gov. Edmund Randolph introduced Virginia Plan

Called for a legislative, executive, and judicial branchNew ConstitutionLaws binding upon statesFederal tax powersLegislative Details

First house –elected by voters of state Second House – nominated by state gov. , but elected by first

house Both houses – number of reps. Would reflect state’s population

Virginia Plan would benefit large states: VA, NY, and MA

Delegates Choose a PlanReactions to Virginia Plan

Many delegates supported 3 branches Strongly opposed representation based on

populationWilliam Patterson introduced the “New

Jersey Plan”Made central gov. strongerGov. would have one house in which each state

was equally represented Have power to raise taxes and regulate trade

Convention voted to proceed with Virginia Plan

A Union Built on CompromiseTwo Big IssuesSmall vs. Big States

Small states demanded changes that would protect them from the voting power of the big states

N0rthern vs. Southern StatesDivided concerning slavery in new constitution

The Great “Connecticut” CompromiseGreat Compromise

Compromise Committee – led by Ben Franklin (81) worked to create an acceptable compromise

Roger Sherman Proposed The House of Representatives is based on population

State voters would elect The Senate – equal number of reps. from each states

States legislatures would choose senators

Knowledge Check Explain if they made the best decision.

Compromise Over Slavery

Northern States

•Franklin proposed that each state could elect one member of House of Reps for every 40,000 people in state•Enslaved people could not vote and should not be counted

•If counted they should be counted for taxation as well.

Southern States

•Wanted to count enslaved people when determining how many representatives they could elect to House of Representatives

Three-

Fifths

Compro

mise

•Every five enslaved people would count as three people for representation in the House and for taxes.

•(Explain why the Northerners agreed to this compromise?

Further North vs. South CompromiseSouthern Fears

Strong national gov. would impose taxes on the export of farm products

Gov. would ban the importation of slavesInsisted new constitution forbid interference with

slave tradeCongressional power to regulate trade would be

limitedAgreement

Congress would not tax exportsCongress could not ban slave trade until 1808 or

impose high taxes on importation of slaves

Ratification BeginsBy mid September 1787 ,39 delegates signed

the new Constitution and sent it to Congress for approval on September 20th

Congress approved the Constitution and sent it to the states for approval

C0nstitution specified that only 9 of the 13 states needed to ratify the Constitution for it to take effect

A Framework for Limited GovernmentRather than direct democracy it created a

representative system of governmentElected officials served as the voice of the

peopleFederal System Established

Divided power between federal, national, and state governments (Unitary governments – like a monarchy have one governing body that rules)

•Headed by a president

•Implements and enforces the laws passed by Congress

Executive Branch

•Two Houses of Congress•Ho

use of Representatives

•Senate

Legislative Branch

•System of Federal Courts

•Interprets federal laws and renders judgment regarding federal laws

Judicial Branch

* No one can serve in more than one branch simultaneously

Three Branches of the US Government

Checks and BalancesEach branch can limit the power of the other

branchesPresident

As head of executive branch is provide far reaching power Propose legislation Appoint judges Put down rebellions Veto (reject acts of Congress) Commander in Chief of Armed Forces

Check and Balances Cont…Legislative Checks

Legislature can override a veto with 2-3 both houses Senate approves or rejects presidential appointments to

exectuive branch and treaties Can impeach or accuse of misconduct and remove president

or other executive officials

Judicial PowerHear all cases arising under federal law and

ConstitutionPresident can nominate members of the judiciary

Senate has to confirm or reject such nominations Once appointed federal judges serve for life

Thus ensuring independence from both the executive and legislative branches

Amending the ConstitutionDelegates realized it may need to be changed over

timeCreated a clear system of amendments

Made the process difficult so constitution was not constantly changed

Two Steps of Amendment Process Proposal

Proposed by a vote of two-thirds of the members of both houses

2/3 of states could call a constitutional convention to propose new amendments

Ratification ¾ of state legislatures or by convention in three-fourths of

states.

Legacy of the ConstitutionWashington stated, it was “little short of a

miracle”John Adams declared, the Constitution, was

“the single greatest effort of national deliberation that the world has ever seen.

The document is still in use today and a living document with the addition of 27 amendments

Many modern democracies modeled their constitution on the US Constitution