The Constitutional ConventionThe Constitutional Convention

The Constitutional Convention The Constitutional Convention beginsbegins

Took place in 1787, in PhiladelphiaTook place in 1787, in Philadelphia Delegates from all the states were invited Delegates from all the states were invited

to try to fix the weaknesses of the Articles to try to fix the weaknesses of the Articles of Confederationof Confederation

55 Delegates attended, with only Rhode 55 Delegates attended, with only Rhode Island failing to send a delegateIsland failing to send a delegate

The Founding FathersThe Founding Fathers

The Founding FathersThe Founding Fathers

George Washington was asked to preside George Washington was asked to preside (lead) over the convention; James (lead) over the convention; James Madison kept notes of the discussions and Madison kept notes of the discussions and is often called “The Father of the is often called “The Father of the Constitution.”Constitution.”

The men who wrote the Constitution are The men who wrote the Constitution are called the “Founding Fathers.”called the “Founding Fathers.”

The participants in the Convention wereThe participants in the Convention wereall wealthy, white, males. all wealthy, white, males.

The Founding FathersThe Founding Fathers These men quickly agreed that theThese men quickly agreed that the

Articles of Confederation couldn’t be fixed; Articles of Confederation couldn’t be fixed; they would have to come up with a totally they would have to come up with a totally new government.new government.

They decided to keep that decision a secret, They decided to keep that decision a secret, since they didn’t have the permission of the since they didn’t have the permission of the States or Congress to form a new States or Congress to form a new government; essentially they were government; essentially they were committing treason.committing treason.

Issues that divided the FathersIssues that divided the Fathers The power of the federal government.The power of the federal government.

Would the states or the federal government have Would the states or the federal government have the most power?the most power?

Representation in Congress Representation in Congress (How many members in Congress would each (How many members in Congress would each state get?) – small states wanted equal state get?) – small states wanted equal representation, large states wanted it to be representation, large states wanted it to be determined by population of the statesdetermined by population of the states

Slavery Slavery How would slaves be counted? Would the slave How would slaves be counted? Would the slave trade continue?trade continue?

The Power of the Federal GovernmentThe Power of the Federal Government The delegates knew that they needed a The delegates knew that they needed a

stronger central government.stronger central government. Some feared a national government would Some feared a national government would

be too strong, limiting states’ rights.be too strong, limiting states’ rights. Others feared that states' rights would Others feared that states' rights would

prevent a strong, central government prevent a strong, central government (which was happening under the Articles). (which was happening under the Articles).

A compromise created federalism: A compromise created federalism: a strong central government with specific a strong central government with specific powers, and strong states with their own, powers, and strong states with their own, specific powers.specific powers.

Representation in CongressRepresentation in Congress Larger states wanted representation to be Larger states wanted representation to be

based on populationbased on population

Smaller states wanted equal Smaller states wanted equal representationrepresentation

Neither group was willing to accept Neither group was willing to accept anything elseanything else

Called for 3 branches of government. Called for 3 branches of government. The legislative, executive, & judicial powers The legislative, executive, & judicial powers would all be separate. would all be separate.

Legislative branch would have 2 houses Legislative branch would have 2 houses (bicameral), & representation in both houses (bicameral), & representation in both houses would be based on the population of a state.would be based on the population of a state.

Some states, especially smaller ones, had Some states, especially smaller ones, had problems with this plan.problems with this plan.

The Virginia PlanThe Virginia Plan

New Jersey PlanNew Jersey PlanOnly 1 branch-legislative. Executive powers Only 1 branch-legislative. Executive powers would be held by a group chosen by Congress & would be held by a group chosen by Congress & who could be recalled by Congress (under who could be recalled by Congress (under Congress’ control). Judicial powers would be held Congress’ control). Judicial powers would be held by a Tribunal chosen by the Executive group (so by a Tribunal chosen by the Executive group (so still under Congress’ control)still under Congress’ control)Congress would be unicameral (one house), each Congress would be unicameral (one house), each state getting one vote, regardless of population. state getting one vote, regardless of population. Small states like the plan, the large states hate it.Small states like the plan, the large states hate it.

CompromisesCompromises Since the small states refused to endorse the Since the small states refused to endorse the

Virginia Plan, and the large states refused to get Virginia Plan, and the large states refused to get behind the New Jersey Plan, a compromise was behind the New Jersey Plan, a compromise was needed.needed.

Since Slave states and Free states had very Since Slave states and Free states had very different views on slavery (and how to count different views on slavery (and how to count slaves, for Congressional representation) a slaves, for Congressional representation) a compromise was needed in this area.compromise was needed in this area.

Since Industrial and Agricultural states had Since Industrial and Agricultural states had different views on trade & commerce, different views on trade & commerce, compromise was needed here, as well.compromise was needed here, as well.

The Great CompromiseThe Great Compromise Would settle the issue of state representation in Would settle the issue of state representation in

Congress.Congress. Congress would have two houses: Congress would have two houses:

A House of Representatives and a SenateA House of Representatives and a Senate House of Representatives - based on the House of Representatives - based on the

population of each statepopulation of each state Senate - two senators per each state (equally Senate - two senators per each state (equally

represented)represented) Suggested by the Connecticut delegation,Suggested by the Connecticut delegation,

so it’s also known as the Connecticut Compromise so it’s also known as the Connecticut Compromise

The Great CompromiseThe Great Compromise The Senate would be viewed as the “upper” house, The Senate would be viewed as the “upper” house,

but the House of Representative would be given but the House of Representative would be given “the power of the purse,” which meant they would “the power of the purse,” which meant they would initiate any new bills about how the government initiate any new bills about how the government would spend its money (or tax citizens).would spend its money (or tax citizens).

It also settled the questions of separation of powers It also settled the questions of separation of powers by having 3 separate branches.by having 3 separate branches.

Suggested by the Connecticut delegation,Suggested by the Connecticut delegation,

so it’s also known as the Connecticut Compromise so it’s also known as the Connecticut Compromise

SlaverySlavery Founding Fathers saw the contradiction Founding Fathers saw the contradiction

between slavery and the sentiments of the between slavery and the sentiments of the Declaration of Independence, but the Declaration of Independence, but the South was dependant on slavery for it’s South was dependant on slavery for it’s economic success. economic success.

The South wanted the institution of slavery The South wanted the institution of slavery protected, AND they wanted slaves to be protected, AND they wanted slaves to be included in determining population included in determining population (to get more representation in the House (to get more representation in the House of Representatives). of Representatives).

SlaverySlavery The Southern states refused to support The Southern states refused to support

the Constitution unless the slave trade the Constitution unless the slave trade was protected and slaves were counted was protected and slaves were counted as part of their population. as part of their population.

The Northern states had no choice. If The Northern states had no choice. If they wanted a Constitution, they would they wanted a Constitution, they would have to give the Southern states (some of) have to give the Southern states (some of) what they wanted.what they wanted.

This would lead to the two additional This would lead to the two additional compromises: the 3/5 compromise, & the compromises: the 3/5 compromise, & the Commerce & Slave Trade compromise Commerce & Slave Trade compromise

Three-Fifths CompromiseThree-Fifths Compromise The 3/5 Compromise - Made each slave The 3/5 Compromise - Made each slave

worth 3/5 of a person when determining worth 3/5 of a person when determining population to decide numbers in House of population to decide numbers in House of Representatives.Representatives.

It also made each slave worth 3/5 of a It also made each slave worth 3/5 of a person when determining any direct taxes person when determining any direct taxes levied by Congress on the states.levied by Congress on the states.

Commerce & Slave Trade Commerce & Slave Trade CompromiseCompromise

Congress was forbidden the power to tax Congress was forbidden the power to tax the export of goods from any state.the export of goods from any state.

Congress is also forbidden to act on the Congress is also forbidden to act on the slave trade for a period of at least 20 slave trade for a period of at least 20 years. years. **In 1808 (20 years later), Congress **In 1808 (20 years later), Congress banned the slave trade.banned the slave trade.

In exchange, the Southern delegates In exchange, the Southern delegates agreed to support the new Constitution. agreed to support the new Constitution.

Finalizing the ConstitutionFinalizing the Constitution The compromises necessary resulted in a The compromises necessary resulted in a

document that no delegate was 100% happy with, document that no delegate was 100% happy with, but that most of the delegates could support.but that most of the delegates could support.

Benjamin Franklin said Benjamin Franklin said "I confess that There are several "I confess that There are several parts of this Constitution which I do not at present approve, but I am parts of this Constitution which I do not at present approve, but I am not sure I shall never approve them. ... I doubt too whether any other not sure I shall never approve them. ... I doubt too whether any other Convention we can obtain, may be able to make a better Convention we can obtain, may be able to make a better Constitution.” Constitution.”

On September 17, 1787, 55 delegates signed the On September 17, 1787, 55 delegates signed the final draft of the Constitutionfinal draft of the Constitution

It was sent to the individual states for ratificationIt was sent to the individual states for ratification Became the new government on June 21 1788, Became the new government on June 21 1788,

when New Hampshire became the 9when New Hampshire became the 9thth state to ratify state to ratify it.it.