Constitutional Convention: “A new government, conceived in liberty”

Constitutional Convention: “A new government, conceived in liberty” “If men were angels, there would be no need for government.” - James Madison

Constitutional Convention Overview The objective is to act as delegates from the various states to form a new government in the face of the weaknesses of the Articles of Confederation. As the states, you want to create a stronger government but you also want to make sure that your state gains or preserves any political advantage it can over the other states which you see as rivals for power.

Constitutional Convention: the facts When: May to September, 1787 Where: Independence Hall, Philadelphia, PA Who: State delegates represent the upper levels of American society – well educated, well-to-do, all male, all white Stated objective: to amend the weak Articles of Confederation; the delegates quickly decided to throw out the Articles and start all over Unstated objective: each delegate while working for national unity under the Constitution also wants to gain or preserve their state’s influence within the new government

Constitutional Convention Directions Familiarize yourself with the characteristics of your state located on the Class schedule this week / Updates tab on the class website. What kind of political issues might be important to your state? Compare your state to other states. What states are most similar to yours? Different?

Constitutional Convention Overview The objective is to act as delegates from the various states to form a new government in the face of the weaknesses of the Articles of Confederation. As the states, you want to create a stronger government but you also want to make sure that your state gains or preserves any political advantage it can over the other states which you see as rivals for power.

Constitutional Convention: Proposed Plan “A” Legislature (makes laws) Can create and collect taxes Judiciary (interprets laws) Upper house Elected by lower house Lower house Number of representatives based on state population One national court; members selected by the legislature Executive (implements/carries out laws) Council of Review (gov’t “watchdog”) Members: executive and some judges Can veto pending national or state legislation Single executive elected by the legislature

Constitutional Convention: if the states had voted on Plan “A” Approval of 8 states needed for passage VA CN DE GA MD MA NH NJ NY PA SC

Approval of 8 states needed for passage Constitutional Convention: how the states might LIKELY HAVE VOTED on Plan “A” Approval of 8 states needed for passage VA FOR CN DE AGAINST GA MD MA NH NJ NY PA SC If Plan A is approved, announce that God has intervened so that history may not be changed and that the plan is defeated. Go on to Plan B, next slide

Constitutional Convention What kind of states would favor Plan “A”? Why? NH = PA NH NH

Constitutional Convention: Proposed Plan “B” Legislature (makes laws) can create and collect taxes Unicameral: One house legislature: one representative per state Executive (implements/carries out laws) Judiciary (interprets laws) plural executive, elected by the legislature Several regional/district courts; members appointed by executive

Constitutional Convention: if states had voted on Plan “B” Approval of 8 states needed for passage VA CN DE GA MD MA NH NJ NY PA SC If Plan A is approved, announce that God has intervened so that history may not be changed and that the plan is defeated. Go on to next slide.

Constitutional Convention: how the states MIGHT HAVE VOTED on Plan “B” Approval of 8 states needed for passage VA AGAINST CN DE FOR GA MD MA NH NJ NY PA SC

Constitutional Convention What kind of states would favor Plan “B”? Why? = NH PA

Constitutional Convention: Now what? Plan “A” was defeated Plan “B” was defeated There are no other new proposals ! Delegates have been working long hours in stuffy rooms and are becoming more frustrated. Some leave the Convention. Now what?

Constitutional Convention: Compromise! Compromise is the principle the delegates used to overcome their differences: It has several forms that you may use: Trade-off: you give up something to get something in return Do both ideas: Sometimes ideas are not “either/or”; two good ideas can both be used “The third way”: all parties agree to a totally new solution not currently proposed Modify what you have: current proposals are changed in some way to “meet in the middle”

Constitutional Convention: Compromise! Another concept of “compromise” is that you try to balance what each side must give up with what each gains. Think of a scale: items must be taken away or added to one side to make it balance.

Legislature (makes laws) Judiciary Proposed Plan “A” = The Virginia Plan (favors states with large populations) Legislature (makes laws) Can create and collect taxes Judiciary (interprets laws) Upper house Elected by lower house Lower house Number of representatives based on state population One national court; members selected by the legislature Executive (implements/carries out laws) Council of Review (gov’t “watchdog”) Members: executive and some judges Can veto pending national or state legislation Single executive elected by the legislature

Legislature (makes laws) can create and collect taxes Proposed Plan “B” = New Jersey Plan (favors states with small populations) Constitutional Convention: Proposed Plan “B” Legislature (makes laws) can create and collect taxes Unicameral: One house legislature: one representative per state Executive (implements/carries out laws) Judiciary (interprets laws) plural executive, elected by the legislature Several regional/district courts; members appointed by executive

Constitutional Convention: Compromise! Now, taking elements from Plan “A” and Plan “B” or making up a “third way”, make compromising all state delegates can live with. First issue: Legislature Should there be one or two houses? Why? How should representation in the legislature be determined? Why? Should the legislature be able to create and collect taxes? Why?

Legislature (Congress) Can create and collect taxes Every state has two Senators, equal votes Senate Upper house House of Representatives Lower house Number of representatives based on state population Students refer to Plan A handout first, then to this visual. CFU. You should draw this on the left whiteboard and save.

Constitutional Convention: Compromise! Second issue: Executive Should there be one or plural executives? Why? How should the executive be elected? Why?

Legislature (Congress) Can create and collect taxes Every state has two Senators, equal votes Senate Upper house House of Representatives Lower house Number of representatives based on state population Executive (President: carries out laws) Single executive elected by the Electoral College

Constitutional Convention So what have you created? Electoral College votes – the ones that count! “Winner takes all.” Why not just a popular vote? 24

Constitutional Convention Electoral College votes – the ones that count! “Winner takes all.” Why not just a popular vote? 25

Constitutional Convention: Compromise! Third issue: Judiciary Should there be one national court or several regional/district courts? Why? How should the member of the judiciary be selected? Why?

Legislature (Congress) Judiciary Can create and collect taxes Judiciary (interprets laws) Every state has two Senators, equal votes Senate Upper house House of Representatives Lower house Number of representatives based on state population One national court (Supreme Court) and many federal courts; members nominated by the executive, approved by the Senate Executive (President: carries out laws) Single executive elected by the Electoral College

Constitutional Convention So what have you created?

Constitution : Our Federal Government (Great Compromise) Legislature (Congress) Can create and collect taxes Judiciary (interprets laws) Every state has two Senators, equal votes Senate Upper house House of Representatives Lower house Number of representatives based on state population One national court (Supreme Court) and many federal courts; members nominated by the executive, approved by the Senate Executive (President: carries out laws) Single executive elected by the Electoral College

Constitutional Convention One more issue regarding representation, Consult your State Data guide. Should slaves be counted as part of a state’s population for the purpose of determining representation? Should slaves be counted as part of a state’s population for the purpose of determining taxation?

Constitutional Convention

Constitutional Convention Imagine a rebellious teenager who resented his parents’ restrictive rules on cleaning the house, who he may associate with, and curfew. Now he lives on his own for the first time. What will be his rules for the above?

Constitutional Convention Freedom of religion, speech, press, assembly, and petition 2nd Right to keep and bear arms in order to maintain a well regulated militia. 3rd No quartering of soldiers. 4th Freedom from unreasonable searches and seizures. 5th Right to due process of law, freedom from self-incrimination, double jeopardy. 6th Rights of accused persons, e.g., right to a speedy and public trial. 7th Right of trial by jury in civil cases. 8th Freedom from excessive bail, cruel and unusual punishments. 9th Other rights of the people not mentioned are guaranteed. 10th Powers reserved to the states that are not mentioned in the Constitution.

Constitutional Convention This proposed Constitution had to be ratified (approved) by the states. Supporters called Federalists liked a strong government that could tax, fight wars and protect property. Opponents called anti-federalists feared that the states would lose power and their liberties to the new, stronger Constitution.

Constitutional Convention Thanks for creating a government that has maintained its basic structure while protecting our liberties for the last 230 years!

Constitutional Convention: Proposed Plan “A”, the _________ Plan Legislature (makes laws) _____________________ Judiciary (interprets laws) Upper house ____________ Lower house ___________ ____________________ Executive (implements/carries out laws) Council of Review (gov’t “watchdog”) ______________________________________________________________ _____________________________________________ 36

Constitutional Convention: Proposed Plan “B”, the _______________ Plan Legislature (makes laws) can create and collect taxes ____________________________________________________________ Unicameral Executive (implements/carries out laws) Judiciary (interprets laws) _______________________________________________________________ __________________________ 37

House of Representatives Legislature (_Congress) Can create and collect taxes Judiciary (interprets laws) Every state has two Senators, equal votes Senate Upper house House of Representatives Lower house Number of representatives based on state population One national court (Supreme Court) and many federal courts; members nominated by the executive, approved by the Senate Executive (President: carries out laws) Single executive elected by the Electoral College 38