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

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

3. 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.

4. 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

5. 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?

6. 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.

7. 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

8. 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

9. 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

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

11. 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

12. 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.

13. 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

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

15. 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?

16. 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”

17. 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.

18. 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

19. 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

20. 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?

21. 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.

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

23. 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

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

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

26. 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?

27. 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

28. Constitutional Convention
So what have you created?

29. 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

30. 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?

31. Constitutional Convention

32. 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?

33. 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.

34. 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.

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

36. 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

37. 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

38. 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