1. Creation and Ratification of the Constitution

2. The Convention Convenes ■ Meets in Philadelphia in the Pennsylvania State House, now called Independence Hall ■ Intended to revise Articles of Confederation ■ Instead decided to scrap the Articles and start over ■ 75% of the men had been in the Continental Congress ■ 55 delegates in all attend ■ Meet in secrecy

3. The Convention Convenes ■ George Washington elected President of the Convention ■ James Madison (VA) kept notes and does much of the writing of the Constitution ■ “Father of the Constitution” ■ 81-year-old Ben Franklin (PA) attends ■ Thomas Jefferson and John Adams are notable absences from the conventions ■ Both are Europe representing the country as ambassadors ■ Jefferson is in France ■ Adams is in England

4. Major Issues Addressed ■ Government strong enough to protect rights of the people but not too strong to be controlled ■ Structure of Government ■ Congressional Representation ■ Slavery and population ■ Regulation of Trade

5. Structure of Government ■ Convention agreed on creating Three Branches of Government ■ Executive: enforce the laws ■ Legislative: make the laws ■ Judicial: interpret the laws

6. Structure of Government Two Plans Virginia Plan ■ Bicameral Legislature ■ Number of representatives in each house would be based on states population and/or wealth ■ Legislature would have power to tax, regulate trade and make laws that states are unable to make

7. New Jersey Plan ■ Single house Legislature ■ Each state would have one vote ■ Similar to Articles of Confederation ■ Legislature would have power to tax, regulate trade and make laws that states are unable to make Structure of Government Two Plans

8. Constitutional Compromise ■ Great Compromise ■ Compromise between the Virginia and New Jersey plans for representation ■ 3 Branches of Government ■ Executive, Legislative and Judicial ■ Legislature would be Bicameral ■ Senate – 2 representatives per state ■ House of Representatives – representation based on population

9. Constitutional Compromise ■ Commerce Compromise – Regulation of Trade Congress would have the power to regulate trade with foreign nations, amongst the states and with Native Americans. ■ Congress can also tax imports ■ Congress NOT allowed to tax exports ■ Southern economy is based on exports of tobacco, cotton, etc. ■ Congress would not be able to regulate the slave trade for at least 20 years – until 1808.

10. Constitutional Compromise Commerce Compromise – Regulation of Trade ■ Congress would have power to regulate trade with foreign nations, amongst the states and with Native Americans ■ Congress can tax imports ■ Congress NOT allowed to tax exports ■ Southern economy is based on exports of tobacco, cotton etc. ■ Congress would not regulate the slave trade for at least 20 years – until 1808

11. Slavery and Population ■ Disagreement on how to count slaves as part of population for the purpose of taxation and representation ■ South wanted slaves counted as population for representation but not taxation ■ North wanted slaves counted for taxation but not population

12. Slavery and Population ■ Three-Fifths Compromise ■ Every 5 slaves would count as 3 free persons when calculating population for taxation and for representation

13. Signing of the Constitution ■ September 17, 1787 ■ Sent to states for ratification ■ Had to have ¾ of states approval to become law of the land

15. Preamble “ We the People of the United States, in Order to form a more perfect Union, establish Justice, insure domestic Tranquility, provide for the common defence, promote the general Welfare, and secure the Blessings of Liberty to ourselves and our Posterity, do ordain and establish this Constitution for the United States of America.”

16. Approving the Constitution ■ Article VII - Ratification The Ratification of the Conventions of nine States, shall be sufficient for the Establishment of this Constitution between the States so ratifying the Same.

17. Words we need to understand ■ Ratification – the act of giving formal approval or consent to ■ When we talk about ratification it implies that the issue requires a vote for approval ■ Convention – a meeting or formal assembly, as of representatives or delegates, for discussion of and action on particular matters of common concern.

18. Ratification in 1787 & early 1788 Ratification of the Constitution -- dates, states and votes -- DateState Votes YesNo 1December 7, 1787Delaware300 2December 11, 1787Pennsylvania4623 3December 18, 1787New Jersey380 4January 2, 1788Georgia260 5January 9, 1788Connecticut12840 6February 6, 1788Massachusetts187168 7April 26, 1788Maryland6311 8May 23, 1788South Carolina14973

19. Constitutional Crisis ■ New Hampshire ratifies June 21, 1788 making the Constitution officially the new government, but… ■ Big fight in both New York and Virginia, the 2 largest states (population), over ratification ■ Each convention has large groups of Antifederalist delegates

20. Pro Constitution - Federalists Alexander Hamilton James Madison John Jay

21. The Federalist Papers ■ Published starting in October 1787 ■ 85 total essays published anonymously under the name PUBLIUS in New York ■ Intended to gain support from ratification delegates to New York convention

22. The Federalist Papers ■ Book form published in 1788 ■ Scholars believe that Hamilton wrote 52, Madison wrote 28, and Jay 5 of the essays ■ Still used today to explain what the writers of the Constitution meant Ad for purchasing of copies of the Federalist Papers

23. Anti Constitution - Antifederalist ■ Patrick Henry ■ Leading patriot from Revolution ■ He had refused to attend the Constitutional Convention ■ “I smell a rat” ■ Led the fight against ratification in Virginia Patrick Henry

24. Anti Constitution ■ George Mason ■ Wrote the Virginia Declaration of Rights (Virginia’s version of the bill of rights) in 1776 ■ Attended the Constitutional Convention but refused to sign the final document

25. Opposition to the Constitution

26. Conflict Comes to an End Ratification of the Constitution -- dates, states and votes -- DateState Votes YesNo 9June 21, 1788New Hampshire5747 10June 25, 1788Virginia8979 11July 26, 1788New York3027 ■ George Washington becomes the nation’s 1st president April 30, 1789 12November 21, 1789North Carolina19477 13May 29, 1790Rhode Island3432

27. The Bill of Rights ■ Amendment process - Process to make changes to the constitution as the needs of the country changed ■ 1791 – first ten amendments to the constitution were created as the “Bill of Rights” ■ Amendment Process ■ Proposed in Congress ■ 2/3 Congress vote yes ■ ¾ state legislatures vote yes = APPROVED