1. “A New Constitution” 5.2
Chapter 5 Section 2

2. Constitutional Convention
Some people felt the country needed a stronger central government. Called “Nationalists”
George Washington, Benjamin Franklin, Robert Morris, Alexander Hamilton, John Adams, James Madison
James Madison, member of VA legislature, head of commerce committee
Convinced call meeting in Annapolis, MD but only 5 states represented to, not enough to solve problems
Hamilton asked Congress to call 2nd convention in Philadelphia, Shays Rebellion convinces them

3. Constitutional Convention Con’t
Every state represented except RI
55 delegates of distinguished background, G. Washington presiding officer, Franklin delegate
Record kept by James Madison, meeting closed to the public
Two national plans of government proposed

4. VIRGINIA PLAN Edmund Randolph from VA introduced VA Plan, 3 branches
Legislature divided in 2 houses
State voters elect first house
2nd house nominated by state gov’t, elected by 1st house
Both houses would reflect population. Would benefit big states

5. The New Jersey Plan
William Patterson of New Jersey draws a counter proposal
Wanted to modify Articles so there was 1 house & each state had equal representation & central gov’t had right to raise taxes & regulate trade
Had to chose 1 plan & proceed, the convention chose the VA plan which made a break from the Articles
Compromises had to be made for both the small states &the northern states who wanted to see the abolition of slavery

6. Connecticut Compromise aka THE GREAT COMPROMISE
Small states demanded an equal vote with the large states if they were not to be overrun
Great compromise – bicameral legislature
House of Representatives – based on population
Chosen by the voters
Senate – equal vote
Chosen by the state legislature

7. 3/5ths Compromise
Members to the House of Reps would be 1: 40,000 population
Caused a split with the South b/c a large part of their population was made of enslaved people
North said this wasn’t fair b/c slaves couldn’t vote & should also count for tax purposes
Compromise stated that every 5 enslaved persons would count as 3 free persons for both representation and taxes
Also Congress could not ban slave trade until or impose high taxes on imported slaves, could not tax exports

8. Ratification?
By Sept the Convention had worked out the details and submitted it to Confederation Congress.
8 days later they voted to submit it to the states but 9 of 13 would have to agree before it became law.
The New Constitution was based on Popular Sovereignty – rule by the people. Yet it is still based on representation
Also Federalism – balance between national and state power
Separation of Powers – among 3 branches of federal government
Legislative – Congress
Executive – president, designed to enforce laws
Judicial – system of federal courts to interpret law

9. Checks and Balances
Within the system each branch has the ability to limit the power of the other two.
President can 1.) propose legislation, 2.) appoint judges, 3.) put down rebellions, 4.) Veto, 5.) Commander and Chief
Legislature can override veto w/ 2/3rds vote in both houses
Senate can reject presidential appointments to executive branch and treaties with other countries
Also can impeach – formally accuse of misconduct, president or other executive member

10. AMENDING THE CONSTITUTION
BY PROPOSAL AND RATIFICATION
PROPOSAL: 2/3 VOTE OF MEMBERS OF BOTH HOUSES AND 2/3 OF STATES CALLS A CONSTITUTIONAL CONVENTION TO PROPOSE A NEW AMENDMENT
RATIFICATION: RATIFIED BY ¾ OF STATE LEGISLATURES OR BY CONVENTIONS IN 3/4 OF THE STATES
ARTICLE V – ARTICLE VII (AMENDING AND RATIFYING THE CONSTITUTION)