1. Creating the Constitution

2. 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

3. Washington Addressing the Convention

4. 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

5. Edmund Randolph- Proposed Virginia Plan

6. 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

7. William Paterson, author of the New Jersey Plan

8. 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

9. Roger Sherman, author of the CT Compromise

11. 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

12. 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

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

15. Electoral College Map 2012

16. 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

17. 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

19. 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

21. 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

22. 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

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