Transcript
Page 1: Aka The Philadelphia Convention Constitutional Convention

aka The Philadelphia Convention

Constitutional Convention

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Issues

Federalism

Should the states or the federal government have more power?

How is the Constitution to be interpreted? (Loose vs. Strict Constructionism)

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Results

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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

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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

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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

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Advantages

Federalists Anti-Federalists

•Strong leaders•Well organized

Appealed to popular distrust of government based on colonial experience

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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

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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)

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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.

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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

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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?

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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.

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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.

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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.

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Amendments

X. All powers not delegated to the federal governmentbelong to the states or to the people.


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