constitutional convention 2012

WELCOME TO WELCOME TO THE THE

FEDERAL FEDERAL CONVENTIOCONVENTIO

NNMay, 1787

PENNSYLVANIA STATE HOUSE

WHY ARE WHY ARE WE HERE?WE HERE?

“for the sole and express purpose of revising the Articles of Confederation”

What’s wrong with the Articles?

Weak central government

States aren’t forced to follow laws

No taxing power

No national executive

No national judicial branch

Can’t control interstate commerce

Can’t stop conflicts between states

Can’t stop domestic rebellion

Difficult to pass laws

Very difficult to amend

The ArticlesThe Articleslegislative branch

A unicameral, or one-house, legislature Each state has one vote, regardless of size

executive branch none

judicial branchnone

The RulesThe RulesThe RulesThe Rules

SecrecyCourtesyFlexibility

SecrecyCourtesyFlexibility

The divisive issuesThe divisive issuesThe national or general government

Representation of statesThe executive branch

Slavery and the slave tradeElections

and others …

The The Virginia Virginia

PlanPlan

WE NEED A NEW FORM OF GOVERNMENT

Madison Randolph

Which should Which should be stronger, be stronger, the state the state government or government or the national the national government? government? Why?Why?

The decisionThe decisionA stronger national government

is necessary A federal system was developed –

both the national government and state governments have power

Should be limited by the constitutionA republican form of government is

bestSupremacy

How should we How should we determine the determine the representation of representation of the states in the states in Congress? By Congress? By population, population, money, money, equality ...? equality ...?

The Virginia PlanThe Virginia Planlegislative branch

A bicameral, or two-house, legislature Representation determined by population

of the state

executive branch a single national executive selected by

CongressSome veto power

judicial branchjudges selected by Congress Some ability to override laws

237,946

59,096

82,548

378,787

141,885

184,139

340,120

393,751

434,373

68,825

249,073

691,737

319,728

0 200,000 400,000 600,000 800,000

Pop

ula

tion

VirginiaSouth CarolinaRhode IslandPennsylvaniaNorth CarolinaNew YorkNew JerseyNew HampshireMassachusettsMarylandGeorgiaDelawareConnecticut

The New The New Jersey PlanJersey Plan

WE NEED TO STRENGTHEN THE ARTICLES OF CONFEDERATION

Paterson

The New Jersey PlanThe New Jersey Planlegislative branch

A unicameral, or one-house, legislature membership based on equality – one vote

per state More powers than under the AOC

executive brancha multiple national executive selected by

CongressSome veto power

judicial branchjudges selected by the Executives

Some ability to override laws

Hamilton’s PlanHamilton’s Planproposed a government

based on the British monarchy and parliament

all powerful national government

Senators with life termsPresident with life termJudges with life term

The Great CompromiseThe Great Compromiselegislative branch

A bicameral legislatureA House of Representatives, based on

populationA Senate, based on equality

executive branch Determined by a committee

judicial branchDetermined by a committee

“When a broad table is to be

made, and the edge of the

planks do not fit, the artist takes a little

from both, and makes a good

joint.”Franklin

The Great The Great CompromiseCompromise

WE NEED TO COMPROMIS

E

Sherman

Should Should there be there be one or one or

more than more than one chief one chief

executive?executive?

What power(s)

should the chief

executive have?

National National ExecutiveExecutive

A single executive – the President

Checked by the legislative branch

Veto power

What should be What should be done about done about

slavery and the slavery and the slave trade in slave trade in

the United the United States? States?

Slavery and the Slave Slavery and the Slave TradeTrade

Slavery Compromise #1Slavery Compromise #1What should be done with the

Trans-Atlantic slave trade?

SLAVE TRADE COMPROMISE

Slave trade (importation of slaves) could be banned by

Congress, but not for 20 years

NOT SLAVERY ITSELF

Should slaves Should slaves count in the count in the population population

toward toward representatiorepresentation? Why or why n? Why or why

not? not?

State Population Slave popConnecticut 237,946 2,764Delaware 59,096 8,887Georgia 82,548 29,264Maryland 319,728 103,036Massachusetts 378,787 0New Hampshire 141,885 158New Jersey 184,139 11,423New York 340,120 21,324North Carolina 393,751 100,572Pennsylvania 434,373 3,737Rhode Island 68,825 948South Carolina 249,073 107,094Virginia 691,737 292,627

Slavery Compromise #2Slavery Compromise #2

How should slaves count in matters of representation?

THREE FIFTHS COMPROMISE

“Other persons” would count as 3/5 of a person for

matters of representation

Who should Who should select the select the legislators legislators

(Congress)? (Congress)?

COMPROMISECOMPROMISE

How should the members of Congress be elected?

CompromiseHouse of Representatives is elected

by the people

Senate is elected by the state legislatures

Who should Who should select the select the

chief chief executive executive

or or executives?executives?

COMPROMISECOMPROMISE

How should the Chief Executive (President) be elected?

CompromiseThe Electoral College

The people would vote for electors, who would then select

the President

ADDITIONAL QUESTIONSADDITIONAL QUESTIONSShould there be religious test or

requirements for public office?NO

Who should have the power to declare war?CONGRESS

Should there be a standing army during times of peace?

YES Should Congress control interstate

commerce?YES - a big deal! Lots o’ power for Congress

Writing the Writing the ConstitutionConstitution

July - Committee of DetailAugust – Debate again over the document

September – Committee of StyleWho wrote it?Never really established, but Gouverneur Morris takes credit

“I confess that 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 agree to this Constitution with all its faults…”

Franklin Wilson

Weakness SolutionWeak national government Stronger (but limited) national

government

Only one branch Three branches

No national executive to enforce laws

Single national executive

No national judicial system National judicial branch can solve disputes between states

Difficult to pass laws (9/13 states)

Simple majority in both houses (50%+1)

Very difficult to amend (all 13 states)

Easier to amend (but still a challenge –3/4 states)

Inability to tax National government may tax

No regulation of commerce National government can regulate interstate trade

Signing the Signing the ConstitutionConstitution

39 signers (38, kinda)

3 didn’t sign

RandolphGerryMason

“…I have the happiness to know it is a rising and not a setting sun”

RATIFICATIORATIFICATIONN

The Constitution was sent to states for

RATIFICATION (or approval) in

State Conventions –

not in the state governments

RATIFICATIORATIFICATIONN

9 out of 13 states had

to ratify the Constitution for it to

become law(not 13/13)