“A New Constitution” 5.2 Chapter 5 Section 2

Constitutional Convention Some people felt the country needed a stronger central government. Called “Nationalists” George Washington, Benjamin Franklin, Robert Morris, Alexander Hamilton, John Adams, James Madison James Madison, member of VA legislature, head of commerce committee Convinced call meeting in Annapolis, MD but only 5 states represented to, not enough to solve problems Hamilton asked Congress to call 2nd convention in Philadelphia, Shays Rebellion convinces them

Constitutional Convention Con’t Every state represented except RI 55 delegates of distinguished background, G. Washington presiding officer, Franklin delegate Record kept by James Madison, meeting closed to the public Two national plans of government proposed

VIRGINIA PLAN Edmund Randolph from VA introduced VA Plan, 3 branches Legislature divided in 2 houses State voters elect first house 2nd house nominated by state gov’t, elected by 1st house Both houses would reflect population. Would benefit big states

The New Jersey Plan William Patterson of New Jersey draws a counter proposal Wanted to modify Articles so there was 1 house & each state had equal representation & central gov’t had right to raise taxes & regulate trade Had to chose 1 plan & proceed, the convention chose the VA plan which made a break from the Articles Compromises had to be made for both the small states &the northern states who wanted to see the abolition of slavery

Connecticut Compromise aka THE GREAT COMPROMISE Small states demanded an equal vote with the large states if they were not to be overrun Great compromise – bicameral legislature House of Representatives – based on population Chosen by the voters Senate – equal vote Chosen by the state legislature

3/5ths Compromise Members to the House of Reps would be 1: 40,000 population Caused a split with the South b/c a large part of their population was made of enslaved people North said this wasn’t fair b/c slaves couldn’t vote & should also count for tax purposes Compromise stated that every 5 enslaved persons would count as 3 free persons for both representation and taxes Also Congress could not ban slave trade until 1808 or impose high taxes on imported slaves, could not tax exports

Ratification? By Sept the Convention had worked out the details and submitted it to Confederation Congress. 8 days later they voted to submit it to the states but 9 of 13 would have to agree before it became law. The New Constitution was based on Popular Sovereignty – rule by the people. Yet it is still based on representation Also Federalism – balance between national and state power Separation of Powers – among 3 branches of federal government Legislative – Congress Executive – president, designed to enforce laws Judicial – system of federal courts to interpret law

Checks and Balances Within the system each branch has the ability to limit the power of the other two. President can 1.) propose legislation, 2.) appoint judges, 3.) put down rebellions, 4.) Veto, 5.) Commander and Chief Legislature can override veto w/ 2/3rds vote in both houses Senate can reject presidential appointments to executive branch and treaties with other countries Also can impeach – formally accuse of misconduct, president or other executive member

AMENDING THE CONSTITUTION BY PROPOSAL AND RATIFICATION PROPOSAL: 2/3 VOTE OF MEMBERS OF BOTH HOUSES AND 2/3 OF STATES CALLS A CONSTITUTIONAL CONVENTION TO PROPOSE A NEW AMENDMENT RATIFICATION: RATIFIED BY ¾ OF STATE LEGISLATURES OR BY CONVENTIONS IN 3/4 OF THE STATES ARTICLE V – ARTICLE VII (AMENDING AND RATIFYING THE CONSTITUTION)