aka The Philadelphia Convention
Constitutional Convention
Issues
Federalism
Should the states or the federal government have more power?
How is the Constitution to be interpreted? (Loose vs. Strict Constructionism)
Results
Leaders
Federalists Anti-Federalists
George WashingtonBenjamin FranklinJames MadisonAlexander Hamilton
From Virginia:George Mason andPatrick Henry
From Massachusetts:James Winthrop and John Hancock
From New York: George Clinton
Arguments
Federalists Anti-Federalists
Stronger central government was needed to maintain order and preserve the Union
Stronger central government would destroy the work of the Revolution, limit democracy, and restrict states' rights
Strategy
Federalists Anti-Federalists
•Emphasized the weaknesses of the Articles of Confederation
•Showed their opponents as merely negative opponents with no solutions
Argued that the proposed Constitution contained no protection of individual rights, that it gave the central government more power than the British ever had
Advantages
Federalists Anti-Federalists
•Strong leaders•Well organized
Appealed to popular distrust of government based on colonial experience
Disadvantages
Federalists Anti-Federalists
•Constitution was new and untried
•As originally written, it lacked a Bill of Rights
•Poorly organized•Slow to respond
to Federalist challenge
Representation in Congress
Virginia Plan - big state plan based on population
New Jersey Plan - small state plan based on equal representation
Connecticut Compromise - two house legislature- one house by population (House of Representatives)/one house equal representation (Senate)
Slavery
How would slaves be counted when determining a states level of representation and taxation? Three-Fifths Compromise
Slaves could be imported for at least 20 more years (until 1820). At that time Congress could abolish the practice.
Powers and Election of Presidents
Term of office - would be four years/no term limits
Elections - electors, equal to the number of the states representatives (not the people) would choose the president/too much democracy could equate to mob rule
Bill of Rights
Opposed by Federalists - The people were to be represented in Congress, so they did not need to be protected from themselves. Assume all right are protected instead of creating a limited list.
Favored by Antifederalists - Americans had fought the Revolution to escape tyranny of a central government. What was to stop a strong central government under a Constitution from becoming tyrannical?
Amendments
I. Congress may make no laws that infringe a citizen's right to freedom of religion, speech, press, assembly, and petition. Congress may not favor one religion over another (separation of church and state).
II. The people have the right to keep and bear arms in a state militia.
III.The people cannot.be required to quarter (house) soldiers during peacetime.
AmendmentsIV. The government may not carry out unreasonable
searches or seizures of the people's property.
V. No individual may be deprived of life, liberty, or property without due process of law. No defendant in a criminal case may be forced to give evidence against himself or herself or to stand trial twice for the same crime (double jeopardy).
VI. Anyone accused of a crime has the right to a speedyand public trial and the right to call and question witnesses.
Amendments
VII. In most civil cases (one person suing another in court), citizens have the right to trial by jury.
VIII. Persons accused or convicted of crimes are protected against excessive bail and fines and cruel and unusual punishments.
IX. Any rights not specifically mentioned in the Constitution are also guaranteed against government infringement.
Amendments
X. All powers not delegated to the federal governmentbelong to the states or to the people.