The Constitutional Convention

1. The Constitutional Convention Philadelphia, Pennsylvania May, 1787

2. LG5 Students will be able to identify and assess the causes and effects of the ratification of the Constitution

3. Key Concepts • Students will be able to explain the following: • Articles of Confederation • Shay’s Rebellion • Federalist Papers • Great Compromise • Bill of Rights

4. Terms • Articles of Confederation • Northwest Ordinance 1787 • Shays’ Rebellion • Constitutional Convention • Virginia Plan • New Jersey Plan • Three-Fifths Compromise • Federalists • Anti-Federalists • Federalist Papers • Bill of Rights • Bank of the United States • Whiskey Rebellion • XYZ Affair • Sedition Act • George Washington • Alexander Hamilton • John Adams

5. Pennsylvania State House

6. Who Was There? • Seventy-four delegates from twelve states were elected. • Fifty-five delegates attended at one time or another.

7. Who Were “The Framers?” • Most of the fifty-five delegates knew and respected each other. • Three had been at the Stamp Act Congress, 1765. • Eight had signed the Declaration of Independence. • Forty-two had served in the 1st Continental Congress, the 2nd Continental Congress, or the Confederation Congress. George Washington

8. Thirty fought in the Revolutionary War. • Two would be U.S. presidents;one would be a vice president. • Seven had been governors; nine would be governors. • Eight were judges; two would be Chief Justice of the Supreme Court. • Twenty-nine were college graduates; two were college presidents. James Madison

9. Thirty-four had practiced law. • Twenty helped write their state’s constitution. • Eighteen had worked or studied abroad. • Many were fluent in Latin, French, and other languages. • Most were prosperous lawyers, businessmen, and plantation owners. • Their average age was 42. Benjamin Franklin

10. Why Were They There? . . . for the sole and express purpose of revising the Articles of Confederation.

11. The Rules • Secrecy • Courtesy • Flexibility

12. The Divisive Issues • Should the national government be stronger? • How should states be represented in Congress? • Who should select the legislators? • Should slaves count toward a state’s population for purposes of representation?

13. Should there be one or more than one chief executives? • Who should select the chief executive or executives? • Should there be a national court system? • Should the general public be trusted with the ability to vote? • Should the national government outlaw slavery in the United States?

14. Should The National Government Be Stronger?

15. A stronger national government is necessary. • It should be limited by the Constitution. • A republican form of government is best. • Three branches are necessary: a legislatureto make laws, an executive branch to enforce laws, and a judiciary to interpret laws.

16. How Should States Be Represented In Congress?

18. Virginia (Large State) Plan: A New Form of Government • Legislative Branch • A bicameral (two-house) legislature • Membership in both houses decided on the basis of population (free people living in the state) • Executive Branch • Multiple national executive selected by Congress • Some veto power • Judicial Branch • Judges selected by Congress • Some ability to override law • National Government can veto state legislation Edmund Randolph

19. New Jersey (Small State) Plan: Strengthen Articles of Confederation • Legislative Branch • A unicameral (one-house) legislature • Membership: one vote per state • More power than Articles of Confederation • Executive Branch • A single national executive selected by Congress • Some veto power • Judicial Branch • Judges selected by executives • Some ability to override law • National Government can veto state legislation William Patterson

20. Hamilton’s Plan • Proposed a government based on the British monarchy and parliament • All powerful national government • Senators with life terms • President with life term • Judges with life term Alexander Hamilton

21. The Great Compromise • Legislative Branch • A bicameral legislature • A House of Representatives based on population elected by the people • A Senate based on equality elected by state legislatures • Executive Branch • Determined by a committee • Judicial Branch • Determined by a committee • National Government can veto state legislation Roger Sherman

22. Should the National Government Outlaw Slavery in the United States?

23. Slavery was a very divisive issue. Southern states would never support a position against slavery. • Should the new Constitution outlaw the practice of slavery in the U.S.? No. • But what about the slave trade?

24. What should be done with the trans-Atlantic slave trade? South said keep it. North said get rid of it. Compromise: Slave trade could be banned by Congress, but not for twenty years. Slave Trade Compromise

25. Should Slaves Count Toward a State’s Population for Purposes of Representation?

27. Three-Fifths Compromise • How should slaves count for purposes of representation? • South said fully. • North said not at all, but should be counted for taxation. • Compromise: “Other persons” would count as 3/5 of a person for purposes of representation and taxation.

28. Other Compromises Q: Should there be one or more than one chief executives? A: A single executive – the president. Q: How should the members of Congress be selected? By the people? By the state legislature? A: Compromise: Members of the House of Representatives should be elected by the people. Members of the Senate should be elected by the state legislature. Q: How should the president be selected? By the people? By the state legislature? A: Compromise: The Electoral College will select the president. The people will select the electors.

29. Additional Questions Q: Should Congress control interstate commerce? A: Yes Q: Should there be a religious test or requirements for holding public office? A: No Q: Who should have the power to declare war? A: Congress Q: Should there be a standing army in times of peace? A: No

30. Writing the Constitution • July - Committee of Detail • August – Debate again over the document • September – Committee of Style • Who wrote it? Never really established, but Governeur Morris took credit.

31. Signing the Constitution • Thirty-nine signatures. • Three did not sign: • Randolph • Gerry • Mason

33. On the final day, as the last delegates were signing the document, Franklin pointed toward the sun on the back of the Convention president's chair. Observing that painters had found it difficult to distinguish in their art a rising sun from a setting sun, he went on to say: I have often ... in the course of the session ... looked at that sun behind the President without being able to tell whether it was rising or setting. But now at length I have the happiness to know it is a rising and not a setting sun.

34. Benjamin Franklin: “…I have the happiness to know it is a rising and not a setting sun.”

35. Ratification • The Constitution was sent to the states for ratification. Nine out of thirteen states had to ratify it for it to become law. • The biggest problem? It did not include a bill of rights.

36. The first five states ratified quickly: Delaware, Pennsylvania, New Jersey, Georgia, Connecticut. • However, a few challenges remained: Massachusetts, New York, Virginia

37. During ratification two groups emerged.

38. Federalists • Mostly from New England and Middle Atlantic • Businessmen, merchants • Well organized • Led by Hamilton, Madison, and Jay • Wrote the Federalist Papers, which were eighty-five essays that were published to support the Constitution

39. Anti-Federalists • Mostly from South and backcountry areas • Small farmers • Not very well organized • Included Henry, Mason, and Gerry • Wrote the articles that have been called the Anti-Federalist Papers

40. Eventually, what convinced Massachusetts, New York, and Virginia to ratify the Constitution? • The Promise of a Bill of Rights.