The Constitutional Convention

Chapter 5 Section 2

Page 132

The Constitutional Convention

• Took place in the Pennsylvania State House now called Independence Hall.

• 55 delegates attended• Soldiers kept others at a distance.• The window was kept closed to prevent

eavesdropping.• They produced the U.S. Constitution in

only four months.

James Madison

• “The father of the Constitution”• He attended every meeting and took notes that

would become our best record of the proceedings.• Age 36 and a bachelor from Virginia• He had read and studied the year prior to the

convention… government, law, history.• He had attended what is now Princeton University

finishing the four year program in two years.

Dolley Payne Todd

• He married Dolley Payne Todd at age 43.

• She was a 26 year old widow.

• They were married for 42 years.

http://www.whitehouse.gov/history/firstladies/images/dm4.jpg

Accomplishments

• He served in the Continental Congress in 1780

• The Virginia Legislature

• Helped draft the Articles of Confederation

• Wrote most of the Constitution

• Served in the House of Representatives

• And served as President from 1809-1817

Divisions at the Convention

• George Washington was unanimously elected president of the Convention.

• The major division was whether to amend the articles or write a new document.

• Madison and others who wanted a new government dominated the meetings by bringing a plan with them.

The Virginia Plan

• Submitted by Edmund Randolph of Virginia

• Bicameral, two-house, national legislature

• Representation based on population

• Gave the new legislature added powers to tax, regulate foreign and interstate commerce, etc.

• Gave the national legislature the veto power

• Gave the national government the right to use force against any State that defied national authority.

• Created the Executive and Judicial branches of government

• The larger States would benefit from this plan and thus supported it.

The New Jersey Plan

• Small States opposed the Virginia plan

• William Patterson of New Jersey proposed the New Jersey Plan

• It gave Congress the power to tax and regulate foreign and interstate commerce.

• It created the executive and judicial branches.

• It gave every State one equal vote in a unicameral Congress.

• It aimed to keep the State governments more powerful than the national government and ensure heavily populated States would not dominate the others.

Deadlock

• The central difference was whether States with more people should have more representation.

• The vote was split and the convention deadlocked.• It all seemed hopeless.

The Great Compromise

• It called for a bicameral legislature.

• The Senate would have equal representation. (2 per State)

• The seats in the House of Representation were based on population.

• This Great Compromise was approved on July 16, 1787.

The Three-Fifths Compromise

• Should enslaved people be counted in the population of a State?

• This could give the Southern States great advantage in the House.

• Under this plan, three-fifths of a state’s slave population would be counted when determining representation.

• Enslaved people would not be able to vote or participate widely until 1965.

A Lasting Document

• Delegates never gave the national government the power Madison had hoped (Ex: Congress the power to vote laws of States)

• Final draft of the Constitution was approved on September 17, 1787.

• It has remained basically the same for over 200 years. It has been amended only 27 times to date.

• It is specific enough on certain issues to not be misinterpreted and yet flexible enough to adapt to changing times.

• Its 7000 words can be read in just 30 minutes.

• It continues to inspire people around the world and has been a model for Constitutions of many nations.

Federal and State Powers

• Framers sought to keep the government under control by dividing powers between the federal and state governments and the branches of the federal government.

• Created a federal government – power is shared among state and national authorities.

Division of Power

• Reserved powers are powers given only to the states.

• Delegated powers are powers given only to the national government.

• Concurrent powers are powers given to both the state and national governments at the same time.

Separation of Federal Powers

• Separation of powers means that the three branches of government all have their own areas of authority.

• Checks and balances gives each branch the power to check, or stop, the others in certain ways.

• What are some examples of these checks?

Congress

• Only Congress can coin money, declare war, raise an army, provide for a navy, and regulate commerce.

• The Elastic Clause gives Congress the authority to pass any laws reasonably necessary to carry out its duties.

The President

• Only the President may overall command the armed forces or veto acts of Congress.

• The election of the President is indirect.• The President is elected by electors from

each State. Each has as many electors as members of Congress.

• The candidate with the majority of the votes in the Electoral College becomes President.

Tie Breakers

• If no candidate achieves the majority of electoral votes necessary to become President the House of Representatives decides.

• Each State has one vote.

• This occurred in the elections of 1800 and 1824 only.

Federal Courts

• Members of the Supreme Court are chosen by the President with the advice and consent of the Senate.

• Judges are elected for life.

• Congress later developed the federal court system to fit the needs of the nation.