The Road to the Constitution and Creating and Ratifying the Constitution

A Distinguished Gathering Each state except Rhode Island sent delegates to Philadelphia to fix the flaws in the Articles of Confederation. Most of the 55 men were well-educated and experienced in politics. Native Americans, African Americans, and women were not included.

A Distinguished Gathering Benjamin Franklin was the oldest delegate at 81. He was a diplomat, writer, inventor, and scientist. Two delegates-George Washington and James Madison-would later become president.

A Distinguished Gathering Thomas Jefferson and John Adams could not attend. They were in Europe as representatives of the United States government. Patrick Henry opposed the convention and did not attend.

Early Decisions The delegates chose George Washington to preside. Washington chose a committee to set rules for conducting the convention. The committee decided that decisions would be made by majority vote, with each state having one vote. Delegates agreed to keep all discussions secret to enable all to speak freely.

Early Decisions No formal records were kept. Most of what we know comes from James Madison’s personal notebook of events. The delegates decided to discard the Articles of Confederation and write a new constitution. Thus the meeting came to be known as the Constitutional Convention.

Two Opposing Plans James Madison designed the Virginia Plan. It called for a government with three branches: the legislative branch (lawmakers) executive branch (to carry out the laws) the judicial branch (a system of courts to interpret and apply the laws.)

Two Opposing Plans The legislature would have two houses, with the states represented by basis of population in each. The Virginia Plan appealed to the large states. The small states feared a government dominated by large states would ignore their interests. James Madison proposed the Virginia Plan

Two Opposing Plans The New Jersey Plan also called for three branches of government. The legislature would have one house and each state would get one vote. This plan would give equal power to large and small states. William Paterson proposed the New Jersey Plan

Constitutional Compromises Roger Sherman’s committee proposed a Senate and House of Representatives. Each state would have equal representation in the Senate. Representation in the House would be based on population. The delegates accepted this Great Compromise. Roger Sherman

Constitutional Compromises Southern states wanted to count enslaved African Americans as part of their population in determining representation in the House. Northern states opposed this plan. In the Three-fifths Compromise, delegates agreed that every five enslaved persons would count as three free persons for determining congressional representation and figuring taxes. James Wilson

Constitutional Compromises Northern states wanted Congress to be able to regulate foreign trade and trade between the states. Southern states feared Congress would then tax their exports and stop the slave trade. They agreed to give Congress the power to regulate trade, but it could not tax exports or interfere with the slave trade before 1808.

Constitutional Compromises Delegates disagreed on whether Congress or the voters should choose the president. The solution was the Electoral College, a group of people named by each state legislature to select the president and vice president. Today, the voters of each state, not the legislators, choose electors.

Approving the Constitution Ratification required at least 9 of 13 state conventions to vote “yes.” Supports of the Constitution called themselves Federalists to emphasize that the Constitution would create a system of federalism, a form of government in which power is divided between the federal, or national, government and the states. Federalists argued for a strong central government.

Approving the Constitution Opponents, the Anti-Federalists, wanted more power for the states and less for the national government. They also wanted a bill of rights to protect individual freedoms. Both agreed to add a bill of rights. This promise turned the tide. The Constitution took effect when New Hampshire became the nineth state to ratify it.