The Constitutional Convention

The Convention- met in Philadelphia - May - September of 1787 - 55 delegates from 12 states (not R.I.)

The Delegates- Mostly prosperous, educated, experienced men

- George Washington – elected Chairman- Ben Franklin – a calming influence- They helped make the Convention acceptable to Americans

Many prominent Americans were not there- Abroad: Thomas Jefferson, John Adams, John Jay, Thomas Paine- At home: Sam Adams & John Hancock- Refused to attend: Patrick Henry

James Madison- Wrote the proposal for a new government: The Virginia Plan

- The plan became the basis for the Constitution

- Took extensive notes, the only complete record of the Convention

- Wrote many of The Federalist Papers essays that explain the Constitution

- Later wrote the Bill of Rights

- “Father of the Constitution”

Revising or Replacing?- Meeting was for the “sole and express purpose of revising the Articles of Confederation.”

- The delegates instead decided to completely change the government

Basic Principles of American Government

Popular Sovereignty - the will of the people

Republicanism - a democratic (elected) republic (representatives)

Federalism - share power between the national & state governments

Limited Government - to identify the powers of the new, stronger national government

Basic Principles (cont’d)

Separation of Powers – divide the powers of the national government

Checks & Balances – branches of the national government to oversee & limit each other

Individual Rights – protected from this stronger national government

Major Problems & Compromises

Representation – should states be represented proportionally (by population) or equally in the legislature?

- Virginia Plan / Large-States / Madison - proportional (based on population) - New Jersey Plan/Small-State/James Patterson - equal representation

Solution: The Great Compromise (Connecticut)- Roger Sherman - a bicameral legislature (two houses) - House of Representatives - based on population - The Senate - equal (two) votes for each state.

Problem: Slavery - How to count the slave population for representation & taxation?- Southern/Slave states wanted to count slaves for legislative representation- Northern states wanted to count slaves for determining the taxes the southern states should pay to the federal government

Solution: Three-Fifths Compromise - 3/5’s of the slave population would count for both representation and taxation

Issue: State vs. National Government How to balance the powers of both levels of government?

Solution: Federalism - a Federal System - the state and national governments share power

The national government would be superior to the states.

Government Powers

Enumerated Powers – powers of the Federal government are limited to those listed in the Constitution

Reserved Powers – powers not specifically given to the Federal government are ‘reserved’ for the states

Concurrent Powers – powers that are ‘Shared’ by both

Basic Principles in the ConstitutionRepublicanism- The People directly elected the members of the House of Representatives

Federalism- The States chose their Senators, and elected the President through the Electoral College

- Powers not specified for the national government were reserved for the States

Limited Government- The powers of Congress (Federal Government) are listed in Article I, Section 8

- The powers denied Congress are listed in Article I, Section 9

- The 10th Amendment would restate the idea of Reserved Powers for the States

The Elastic Clause or Necessary & Proper Clause

- Article I, Section 8, Clause 18, allows Congress to make the laws needed to carry out its responsibilities.

- This clause has been the basis for the expansion of the power of the Federal government, almost from the nation’s beginning

Separation of Powers and Checks & Balances The federal government was divided into three branches- Legislative Branch – makes the laws and has authority over the budget (Congress)

- Executive Branch – enforces the laws and has authority over foreign policy & the military (President)

- Judicial Branch – interprets the laws and hears federal cases & appeals (Supreme Court)

- Each branch has some authority over the others, limiting the powers of each