Creating the Constitution

1. Constitutional Convention  Framers met in Philadelphia in 1787  Divided over views of the appropriate power and responsibilities of government  Some thought current gov’t (under Articles of Confederation) was weak and ineffective  Others thought changes to the Articles would infringe on state gov’ts and the lives of citizens  All agreed that a stronger central government was needed

Washington Addressing the Convention

2. Creating a New Constitution  Issue: Representation in Congress  Virginia Plan  Representing large states  2 house legislature  Both houses with proportional representation  3 branches of government  Clause that national gov’ts laws are supreme in dispute with state law --> supremacy clause

Edmund Randolph- Proposed Virginia Plan

Issue: Representation in Congress New Jersey Plan  Represented small states  One house legislature with equal representation  Federal judges appointed for life  Plural executive  Instituted even stronger supremacy clause

William Paterson, author of the New Jersey Plan

Issue: Representation in Congress Connecticut (“Great”) Compromise  2 house legislature (bi-cameral)  Upper house (Senate) would have equal representation and be elected by the lower house  Lower house (House of Representatives) would be based on proportional representation  Federal judges appointed for life

Roger Sherman, author of the CT Compromise

Issue: Regulation of Interstate and Foreign Trade Commerce and Slave Trade Compromise  Gave Congress power to regulate interstate and foreign trade  Denied Congress right to tax exports  Denied Congress right to end the importation of slaves until 1808

Issue: Regulation of Slavery  Fierce debate between the North & South  North wanted slaves counted for taxation, not representation  South wanted slaves counted for representation, not taxation  Three-Fifths Compromise  For every 5 slaves, 3 slaves would be counted as part of the population for the purpose of determining both representation and taxation

Issue: Method of Choosing a Chief Executive Electoral College PPPProvides for an indirect method of choosing a president NNNNo way for one person/group to control election EEEEstablished to pacify those who were against an independent executive branch

Electoral College Map 2012

3. Ratification Battle  Securing ratification of the Constitution proved to be difficult  Convention approved the Constitution in September 1787  Final draft written by Governor Morris (NY)  Battle within state ratifying conventions quickly ensued between Federalists and Anti-Federalists

3. Ratification Battle  Main issues included:  Representation: direct democracy vs. representative democracy  Tyranny: government is too far removed from the people vs. tyranny of the majority  Governmental Power: attacked supremacy clause and elastic clause, lack of bill of rights vs. checks and balances and the need to take risks to achieve goals

3. Ratification Battle  Federalist Papers  85 essays written under the name “Publius” by Alexander Hamilton, James Madison, and John Jay  They defended the principles of the Constitution and sought to dispel fears of a national authority  Antifederalists published essays of their own, arguing that the new Constitution betrayed the revolution and was a step toward monarchy

Federalist Papers  Federalist #10  Warnings about factions (often called “special interests”) today and “tyranny of the majority”  Strategies to deal with factions and protect minorities  Checks & balances  Separation of 3 branches

Federalist Papers Federalist #51  Elaborates on checks and balances as the solution to factions  Based on common distrust of human nature  Idea of representative democracy

4. Ratification WWWWent into effect March 4, 1789 DDDDelaware the first state to approve on December 7, 1787 1111791, Constitution finally ratified by all states with Rhode Island’s vote