1. Constitutional Plans & Compromises

2. The Virginia Plan

3. This plan was drawn up by James Madison from the Virginia delegation

4. Virginia Plan Madison proposed a national government with three branches: legislative, executive, judicial Remember, under the Articles… the national government consisted of only one branch (a weak Confederation Congress that had limited power).

5. In Madison’s “Virginia” plan… the executive (the president) would exist solely to ensure that the will of the legislature (the Congress) was carried out

6. The executive (president) would be selected by the legislature (Congress), not by direct popular vote

7. The executive had the power to veto, but his veto could be over-ridden by the legislature

8. Congress would be bi-cameral (Upper House & Lower House)

9. Representation in both houses of Congress would not be equal… It would be determined by each state’s population

10. States with larger populations would receive more representation in both houses of Congress States with smaller populations would receive less representation in both houses of Congress

11. Another way of saying this: Representation in the Congress would be “proportional” to the population… States would larger populations would get to send more representatives to Congress States would smaller populations would not send as many representatives to Congress

12. Proportional representation is not equal representation
Proportional representation is not equal representation. Representation is relative to the population.

13. Remember… Under the Articles, Each state had one vote in the Congress, regardless of the size of the state and regardless of the number of representatives (between 2 and 7) that each state sent to the Congress

14. This proposal is not going to go over too well with certain states!
Which states would not like this idea?
Why?
What difference would it make if you get to send more representatives than another state?

15. Another twist Madison had regarding the Congress…
The Lower House would be elected by the people…
The Lower House would then elect the Upper House

16. As we have noted, the largely populated states supported this plan → they would have more power under this framework of government

17. The small states feared the large states would dominate the new government

18. The Rebuttal

19. William Paterson of New Jersey (a small state) asked for an adjournment to contemplate the plan

20. On June 14, a small-state caucus met to create a response to the Virginia Plan

21. The result was the New Jersey Plan, also known as the “Small State Plan”

22. The New Jersey Plan (William Paterson)

23. This plan was much closer to the original plan for the Convention → draft amendments to the Articles of Confederation to fix the problems

24. The current Confederation Congress would remain

25. Each state would have equal representation in Congress Their argument → States are equal in power, they should have equal representation. Remember, under the Articles, States had one vote in the Confederation Congress

26. Congress would be given the power to tax

27. The New Jersey plan agreed with the Virginia plan regarding the executive The executive branch would be elected by the Congress

28. However, the plan called for a multi-person executive, who could be recalled at the request of state governors

29. The judiciary (judges) would serve for life

30. The large states opposed the plan

31. The large states reasoning for their opposition → Is not democracy government of the people? The people should have representation in the Congress, not just states

32. The British Plan… proposed by Alexander Hamilton

33. Hamilton’s plan Resembled the British system of government
Hamilton advocated getting rid of state sovereignty
Congress had veto power over any state legislation
Congress would appoint state governors
Congress would be bicameral – Lower House elected by the people for 3 years; Upper House elected by electors chosen by the people and would serve for life
The executive, elected by electors for a life-term service, had absolute veto over bills

34. THE GREAT COMPROMISE

35. The Great Compromise is also known as the Connecticut Compromise (it was proposed by Roger Sherman from Connecticut)

36. The national legislature (Congress) would be bicameral (two houses/chambers)

37. The Senate (Upper House) would represent the states

38. The Senate would have equal representation

39. Each state would have two senators, chosen by each state legislature, and serve a six year term (Notice senators would not be selected by direct popular votes)

40. The House of Representatives (Lower House) would represent the people

41. The House of Representatives would have proportional representation (based on population)

42. Therefore, the number of representatives from each state in the House of Representatives would vary from state to state. The larger populated states would send more representatives to the House than the smaller populated states

43. All House members serve a 2-year term

44. The first major obstacle (how to set up the Congress) was mostly the large states v. the small states conflict. It was resolved by compromise

45. The next major conflict at the convention was a North v. South conflict. It was over the issue of slavery.

46. Slavery Slaves accounted for about one-fifth of the total population
Most lived in the southern states, where slaves made up 40% of the population
Several southern states would refuse to join the Union if slavery were not allowed
How do you count slaves for the purpose of determining a state’s population (to establish the number of representatives each state gets in the House of Representatives)?

48. The South’s position over slavery…
The South argued that slaves should be counted as persons in determining a state’s population for determining representation in the House of Representatives
Why do you think the South wanted that?
However, the South wanted slaves counted as property if the new government were to levy taxes on the states on the basis of population

49. The North’s position regarding slavery…
The North argued that slaves were treated as the property of slave owners, with no individual rights.
Therefore, as property, slaves should not be counted as persons in determining a state’s population for representation in the House of Representatives.
Why do you think the North wanted that?
However, if taxes were to be levied on the basis of population, the North wanted slaves considered as people!

50. The Three-Fifths Compromise

51. Delegate James Wilson from South Carolina proposed the Three-Fifths Compromise

52. Every FIVE slaves would be counted as THREE free persons, for the purposes of determining a state’s population for apportionment in the House of Representatives

53. Other Constitutional Compromises

54. Slave Trade Compromise
Northern states wanted Congress to have the power to regulate trade.
Southern states feared Congress will tax exports or try to stop slave trade.
Ten states had already outlawed the slave trade
Georgia & the Carolinas threatened to leave the convention if the slave trade were banned

55. Slave Trade Compromise Congress can regulate both interstate and foreign trade (can tax imports, for example), but cannot tax exports or ban the slave trade for twenty years (not before 1808)

56. The Electoral College

57. Some delegates thought the executive should be selected by a direct vote of the citizens.

58. Others did not trust citizens to make this choice
Others did not trust citizens to make this choice. Instead, they believed he should be chosen by Congress.

59. So the Electoral College was designed as yet another compromise!

60. The Elector College is not an actual college!

61. Electoral College – a two step process: 1) citizens vote for the executive (president & vice-president) 2) a group of electors chosen by each state legislature then chooses the winner based upon for whom the citizens voted Still in use today with slight modifications.

62. Each state’s number of electors is equal to the number of its total Congressional representation (House members & Senators combined)

63. For example, in North Carolina… we have 13 House members and 2 senators. Therefore, we have 15 electors.

64. Each major party in North Carolina chooses 15 “electors” each for their candidates for president & vice-president In the 2012 election, The Democrats chose 15 electors for Barack Obama The Republicans chose 15 different electors for Mitt Romney

65. How North Carolinians voted for president in November… …determined which candidate got to use his electors in December (when the electors voted)

66. The citizens vote in the general election on the first Tuesday after the first Monday in November… The electors then meet in their state capital to vote in mid-December… (*note* - all the electors across the country do not gather together. They vote separately in each state. This is another change from early on).

67. There are a total of 538 electors
There are a total of 538 electors. To win election as president, a candidate must win a simple majority of the electors (270)

68. You could say that the Constitution was a “bundle of compromises”

71. You cannot please everybody!

72. The final version was signed by 39 of the Founding Fathers on September 17, 1789
Not all the delegates were pleased with the results and left before the ceremony
Three of those remaining refused to sign: Edmund Randolph, George Mason, and Elbridge Gerry
George Mason demanded a Bill of Rights if he was to support the Constitution

78. “There are several parts of this Constitution which I do not at present approve, but I am not sure I shall never approve them…. I doubt to whether any other Constitution we can obtain, may be able to make a better Constitution…. It therefore astonishes me, Sir, to find this system approaching so near to perfection as it does; and I think it will astonish our enemies.” -- Ben Franklin

79. Approving the Constitution

80. The Debate in the 13 States
Copies of the Constitution were sent out to all 13 states.
The approval of 9 states was required for ratification.
However, not everyone supported the new plan.

82. Federalists – supporters of the Constitution

83. The Federalists favored a system in which power is divided between the national and state governments (federalism)

84. Alexander Hamilton leading federalist

85. The Federalist Essays

86. Famous Federalists Madison, Hamilton, Jay

87. Anti-Federalists – opponents of the Constitution

88. Famous Anti-Federalists Henry, Mason, Adams

89. The Anti-Federalists felt the Constitution took too much power away from the states and gave it to the national government

90. The Anti-Federalists also objected to the absence of a national Bill of Rights

91. Federalists agreed to add a Bill of Rights → Anti-Federalists agreed to approve the Constitution

93. The FIRST state ratifying convention to ratify the Constitution was Delaware on Dec. 7, 1787

94. The NINTH state legislature to ratify the Constitution, thus making it the Law of the land, was New Hampshire on June 21, 1788

95. North Carolina was the TWELTH state to ratify the Constitution

96. The LAST state to ratify it was Rhode Island on May 29, 1790