Creating the Constitution

Political Dictionary Framers Virginia Plan New Jersey Plan Connecticut Compromise Three fifths Compromise Commerce and Slave Trade Compromise

The Framers Framers are the group of delegates who attended the Constitutional Convention 55 Delegates met “Never before or since, has so remarkable a group of men been brought together in this country.” Thomas Jefferson

Framers Many had fought in the Revolutionary War 39 members of Continental Congress Eight had signed the Declaration of Independence. 31 had attended college

Framers 2 would become President and 1 Vice-President 17 would serve in the Senate 11 would serve in the House of Representatives

Framers Average age was 42 Half were in there 30’s Ben Franklin oldest at 81 George Washington was 55

Organization and Procedure Met in the same room in which the Declaration of Independence had been signed.

Organization and Procedure Rules of procedure Majority of the states needed to conduct business Each state delegation had one vote on all matters majority of the votes would carry the proposal

Organization and Procedure Worked in secrecy James Madison became the floor leader Madison contributed the most Also kept records of the meeting Called the “Father of the Constitution”

Organization and Procedure Framers met for 89 out of 116 days Full body settled all questions

Organization and Procedure May 30 adopted proposal: Edmund Randolph from Virginia Supreme Legislative, Executive and Judiciary New Constitution

Virginia Plan Offered the first plan for new Constitution. Work of James Madison and Edmund Rudolph Called for a new government Three separate branches Legislature would be bicameral Representation in each housed based on States population Amount of money it gave to central government

Virginia Plan Lower house were popularly elected. Senate (upper house) were chosen by the house from list of persons nominated by state legislatures. Congress was given all powers under Articles plus: Veto state law in conflict with national law Use force to gain compliance

Virginia Plan Congress would choose a “National Executive” and a “National Judiciary” These two branches called the “Council of Revision” Could veto congress Veto could be overridden by the two houses. Congress could admit new states to the union

Virginia Plan Create a new Constitution by revising the Articles Create a truly national government with greatly expanded powers Ability to enforce those powers Smaller states did not like it

The New Jersey Plan James Patterson Retained unicameral Congress Each state equally represented Added powers to tax and regulate trade between states. Federal executive of more than one person

New Jersey Plan Chosen by Congress Could be removed by a majority of the states governors. Federal judiciary, ”supreme tribunal” appointed by the executive

Reaching a Compromise Major disagreement How would states be represented? What would be the basis for population or financial contribution. Based on States equality like the Articles or NJ plan

Reaching a Compromise Disagreement over representation was critical. Large states wanted to dominate the new government. Small states feared they would not be able to protect their interests.

The Connecticut Compromise Roger Sherman Settled the conflict Congress composed of two houses. Senate states would be represented equally. House based on population. Was called the “Great Compromise”

The Three-Fifths Compromise How should slaves be counted in the south? South thought they should be counted North thought they should not. Free persons were counted and “Three fifths of all other persons” Money due to Congress based on population. South had to count slaves so they paid more.

The Commerce and Slave Trade Compromise Congress could regulate foreign and interstate trade. South afraid Congress would tax their exports Commerce and Slave Trade Compromise Congress was forbidden to tax export goods from any state Forbidden to act on the slave trade for 20 years. Could not interfere with the migration or importation of such persons as any state now existing

Bundle of Compromises What the Constitution has been called Selection of President Treaty making Structure of national court system Amendment process Need for new National Government Popular sovereignty Limited government Separation of powers Checks and balances

Sources of the Constitution Governments of ancient Greece and Rome, Great Britain and Europe. Political writings of the time Blackstone, Rouesseau, John Locke Second Continental Congress Articles of Confederation State governments

Sources of the Constitution

Thomas Hobbes (1588-1679) Developed the idea of a Social Contract Thought people to selfish to govern themselves Needed protection of a strong ruler “All mankind has a perpetual and restless desire for power…that ceases only in death

John Locke (1632-1704) Locke believed people formed governments to protect their rights , not to save them from themselves “The purpose of law is not to abolish or restrain,” he wrote, “but to preserve and enlarge freedom.”

Baron de Montesquieu (1689-1755) Believed democracy was the best form of government Power must be divided among different groups “When the lawmaking and law enforcement are united in the same person,” he wrote, “there can be no liberty

Jean-Jacques Rousseau (1712-1778) Believed that people were naturally good Corrupted by society “Man is born free but everywhere in chains” Government had a duty to secure freedom for the people

Jean-Jacques Rousseau If the government did not, they do not have the right to exist “Force do not create right ,” he wrote, “Obedience is due only to legitimate powers.”