Constitutional Convention Simulation

In 1787 many intellectuals within the United States realized that the Articles of Confederation was not going to work. These intellectuals gathered in Mt. Vernon, Maryland to secretly discuss how they would like to structure the new government.

Today you will be taking place in a simulation of the Constitutional Convention. You will visit five different stations to learn about the issues that were confronted during this meeting.

The following are topics that you will cover in the convention:

1. Participants in the meeting2. Principles applied to the Constitution3. Plans for the new government4. Factions in favor/against new government and their demands5. Comparing the Articles to the new Constitution

Along with these documents will be a set of questions that you will need to answer. Within your group you will all discuss the topic presented before you and answer the questions. You MUST write your answers on your own sheet of paper.

The Constitutional Convention Simulation activity is worth 25 points (5 points for each station). Receiving all points means that you communicated with your group members, were actively involved and you completed the task before you.

Delegates to the Constitutional Convention

Who Was There?

The state legislatures of each state selected the delegates who would attend the convention. There was no limit on the number of delegates a state could send, but each state would vote as a delegation, not as individual delegates. Rhode Island did not send any delegates to the Convention. While seventy delegates were appointed to attend, only fifty-five did.

The delegates to the convention included lawyers (thirty-four had studied law), soldiers (twenty-one fought in the Revolutionary War), farmers, educators, ministers, doctors, bankers and merchants. Forty had been members of the Continental Congress and two others would later become members of the Congress of the United States. The average age of the delegates was about 44.

NAME STATESigned the

Constitution COMMENTS

Baldwin, AbrahamMinister/Lawyer GA Y Helped resolved the large/small state

representation crisis.

Bassett, RichardLawyer/Farmer DE Y Attended diligently, did not take any

major steps at the convention.

Bedford, Gunning, Jr.Lawyer DE Y

A more active member of the convention. Member of the committee that drafted the Great Compromise.

Blair, JohnLawyer VA Y Helped ratified the Constitution.

Blount, WilliamMajor Land Speculator/ Public Official NC Y

Signed the Constitution only to make it "the unanimous act of the states in convention."

Brearly, David Lawyer NJ Y

Attended regularly. Opposed proportional representation and liked 1 vote in Congress. Chaired the Committee on Postponed Matters.

Broom, JacobReal Estate/Mercantile DE Y Never missed a session, only played a

minor role at the Convention.

Butler, PierceMilitary/Planter

SC Y

One of the most aristocratic delegates. Outspoken nationalist key spokesman for the Madison-Wilson caucus. Supported southern slaveholders interests.

Carroll, DanielGentleman Planter MD Y

Served on the Committee on Postponed Matters. Campaigned in Maryland for ratification.

Clymer, George PA Y Rarely missed a meeting. Played a

Merchant modest role in shaping the final document.

Davie, William R.Lawyer NC N

He swung the NC delegates in favor of the Great Compromise. Fought hard for ratification.

Dayton, JonathanBusinessman/Major Land Speculator NJ Y

Only 26 years old, the youngest delegate present. Objected to some provisions of the Constitution.

Dickinson, John Lawyer

DE Y

Voted against the Declaration of Independence, and refused to sign it. Did not actually sign the Constitution, because of illness, but authorized George Read to do so for him.

Ellsworth, OliverLawyer CT N

Amended to change the word "national" to "United States" to designate the government. 1 of 5 that prepared 1st draft of the Constitution.

Few, WilliamLawyer GA Y

Contributed Nationalist votes at critical times. Helped approved sending the Constitution to the states for ratification.

Fitzsimons, ThomasWest India Trade/Major Land Speculator PA Y A strong nationalist and attended

regularly. No outstanding contributions

Franklin, BenjaminPrinter/Scientist

PA Y

"Sage of the Constitutional Convention." He was on the committee that drafted the Declaration of Independence. At 81, he was the oldest delegate at the Convention

Gerry, ElbridgeMerchant/Shipper

MA N

One of the most vocal delegates. Rejected and refused to sign the Constitution because it lacked the Bill of Rights. Vocal against ratifying the Constitution. In 1789 announced intention to support the Constitution

Gilman, NicholasBusinessman

NH Y

Arrived July 21, 1787. Served on Committee on Postponed Matters. Was Active in ratification and shepherding the Constitution through the Continental Congress.

Gorham, NathanielBusinessman/Major Land Speculator MA Y

Attended all of the sessions. Chairman of the Committee of the Whole. Played an influential role.

Hamilton, AlexanderLawyer/Public Servant

NY Y Urged the calling of the Constitution Convention. Frequently absent on legal business. Was the only one from New York to sign. Played a substantial part

in ratifying the Constitution in New York.

Houston, William C.Professor of Math NJ N

Only attended one week. Illness forced him to leave the convention. Did not sign the Constitution, but endorsed it.

Houstoun, William? GA N

Was only in attendance July 1 - July 23. He split Georgia's vote on equal representation in the senate voting "nay." 

Ingersoll, JaredLawyer PA Y Favored revisions of the Articles of

Confederation. Attended all sessions

Jenifer, Daniel ? MD Y Backed Madison and the nationalist

element

Johnson, William S.Lawyer

CT Y

In the 1785-87 Continental Congress was one of the most popular and influential delegates. Attended all sessions at the Constitutional Convention after June 2, 1787.

King, Rufus Lawyer MA Y

Attended all sessions. Leading Figure in the nationalist caucus. Considered one of the most important speakers at the convention. 

Langdon, JohnMercantile Business

NH Y

Arrived late July and spoke 20+ times. Member of the committee that compromised slavery. Paid for his and Gilman's way. NH would not pay for the trip.

Lansing, John, Jr.Lawyer NY N

Left the convention with Robert Yates, because of abolishing, not amending, the Articles of Confederations. 

Livingston, WilliamLawyer NJ Y

Gubernatorial duties kept him from attending every session. Did vital committee work, i.e. the compromise on the slavery issue. 

Madison, JamesPubic Servant

VA Y

"Father of the Constitution." Spoke more than 150 times, 3rd most speaker. Clearly preeminent figure at the convention. Key role in the ratification of the Constitution.

Martin, Alexander Merchant/Public Servant NC N

Left in late August. Good politician but not a good debater. Least strongly Federalist from NC. 

Martin, LutherLawyer

MD N Spoke for more than 3 hours against the Virginia Plan. Supported equal number of delegates in at least one house. Walked out with John Mercer

before the convention closed.

Mason, GeorgeRichest Planter in VA VA N

One of the five most frequent speakers. During last two weeks decided not to sign because of the absence of a declaration of rights.

McClurg, JamesPhysician VA N

Strong supporter of a strong independent national government. Left in August. 

McHenry, James Doctor/Politician MD Y

Missed most of the convention because of a brother's illness. Campaigned strongly to ratify the Constitution in MD.

Mercer, John F.? MD N

Second youngest delegate at 28 years old. Spoke and voted against the Constitution. Walked out with Luther Martin before the convention closed.

Mifflin, ThomasMerchant PA Y Attended regularly. No substantial

roles 

Morris, GouverneurLawyer

PA Y

One of the leading figures at the convention. Gave 173 speeches. A strong advocate of nationalism and aristocratic rule. Drafted the Constitution.

Morris, RobertInternational Banker/ Merchant/ Major Land Speculator

PA YAttended practically all of the meetings. Mostly silent during the convention. 

Patterson, WilliamMerchant NJ Y

Co-authored the New Jersey or Paterson Plan. He left at some point and only returned to sign the final document.

Pierce, William L.Merchant (Import/Export) GA N

Participated in 3 debates. Approved the Constitution, but had to leave due to a decline in European rice market.

Pinckney, CharlesLawyer/Well to do Family SC  Y

Attended the full time. Spoke often and effectively, contributed immensely to final draft and resolving problems. Worked on the ratification in SC.

Pinckney, Charles C.Lawyer

SC Y

Attended all sessions. Strong advocate of a powerful national government. Exerted influence in the power of the Senate to ratify treaties and the compromise of international slave trade. 

Randolph, Edmund J.Public Servant

VA N Presented the Virginia Plan. Sat on the committee that drafted the Constitution. Declined to sign because

it was not sufficiently republican.

Read, GeorgeLawyer

DE Y

Championed the rights of the small states. Voted against the Declaration of Independence, but signed the Constitution. Led ratification movement in Delaware, the first state to ratify. 

Rutledge, JohnLawyer

SC  Y

One of the most influential delegates. Attended all sessions. Spoke and often and effectively. Served on five committees. Maintained a moderate nationalist stance. 

Sherman, RogerLawyer/Merchant CT Y

Attended practically all sessions. Prime mover behind the Great Compromise. Worked on ratification in CT.

Spaight, Richard D.Public Servant NC Y

Spoke on several occasions. Attended all sessions. Worked on ratification in NC. 

Strong, CalebLawyer

MA N

Favored a strong central government. Voted in favor of equal numbers in the Senate and proportional in the House. Had to leave early because of family illness, was not able to sign. Campaigned strongly for ratification in MA. 

Washington, George Military-Commander in Chief VA Y

His presence was instrumental in bring many delegates to the Convention. He was unanimously selected as President of the Convention.

Williamson, HughDoctor/Scientist NC Y

Friends with Benjamin Franklin. Played a significant role in the Great Compromise.

Wilson, JamesLawyer/Major Land Speculator PA Y

Influence at the Constitution was probably 2nd to Madison. Gave 2nd most speeches.

Wythe, GeorgeLawyer VA N Left early and offered the resolution for

ratification in Virginia. 

Yates, Robert Lawyer NY N

Left the convention with John Lansing Jr., because of abolishing, not amending, the Articles of Confederations. 

Thomas Jefferson, author of the Declaration of Independence, was serving as the American Minister to France at the time and did not participate in the Constitutional Convention.

1. Who is referred to as the “father of the Constitution”?

2. Which state had the most delegates attend the convention? Which state did not attend?

3. How many total delegates signed the Constitution?

4. What is the most common job among the delegates? Why would this be significant?

The 6 Basic Principles of the Constitution

1) Popular Sovereignty- All of the power lies in the hands of people of the United States who are sovereign. Government can only govern if it is given permission by those who are governed. The overall meaning of popular sovereignty is that the National Government draws its power from the people of the United States and that the people have given their government the power that it has through the constitution. The government only has the power to make decisions because the people who are governed by them give them the power to do so but if the government abuses the power they have been given the people have the right to overthrow their government and change it.

2) Limited Government – The principle of limited government explains itself in the title. Limited government means that the government may only do things that the people that have government give them the power to do. Unlike popular sovereignty limited government is the opposite where the people are the only source of any and all of government’s authority and government has only that authority that people have given to it. The overall theme of this principle is that the government must follow the law. The government must follow all constitutional laws and principles for it to be able to have control over the people and to make decisions.

3) Separation of Powers – In a parliamentary system the legislative, executive, and judicial powers of government are all gathered in the hands of a single agency. Our government runs almost the same except the three powers are separated. This is called a presidential system where the three powers are separated into three distinct and independent branches. Our constitution distributes the powers of the National Government among Congress, the President, and the courts.

4) Checks and Balances- The government is organized around three separate branches. Though the constitution says that these three powers must be separated they are still connected and are not completely independent of each other. What ties them together is known as checks and balances. This means that each branch is subject to a number of constitutional restraints or checks by the other branches. This means that each branch has certain powers with which it can check the operations of the other two. Congress has the power to make laws but the president may veto any act of Congress but Congress can also override a presidential veto by two-thirds vote in each house. Checks and balances gives power to each branch to override the other to make sure they are in line.

5) Judicial Review – The power of judicial review is the power of the courts to determine whether what government does is in accord with what the constitution provides. The role of the judicial branch is to determine whether or not a law is constitutionally acceptable. That means that any laws that the government creates cannot break any of our constitutional rights such as freedom of speech. Judicial review is the power to declare unconstitutional, illegal, null, and void of a government action that violates some provision of the Constitution.

6) Federalism – Our government works in a federal form by distributing the powers that they have on a territorial basis. The principle of federalism is the division of power among a central government and several regional governments. By spreading the powers throughout the different states the Framers of the constitution build a stronger, more effective national government while preserving the existing states and the concept of local self government.

Questions:

1. What does the word sovereign mean?2. What might have caused the delegates to consider the ability to overthrow their leader if necessary?

3. Which political philosopher created the idea of separation of powers?4. Why is it necessary for the national government to have checks and balances of power?5. Is it a good idea to have judicial review? What makes it necessary as a principle within the Constitution?

Plans for the GovernmentVirginia PlanJames Madison was one of the prominent delegates to the Constitutional Convention. However, he was thinking about the convention before he even got there. It was clear at the time that the current government under the Articles of Confederation was just not cutting the mustard, and something had to be done to remedy the situation. So, he drafted a plan for a new national government, which was presented at the convention as "The Virginia Plan" (see table for details). Essentially, the Virginia Plan proposed a strong national government that could make and enforce laws, and collect taxes. The people would be governed by two governments - the state and national. A system such as this is known as a Federal system of government. Additionally, both houses of the legislature would feature proportional representation; basically, this means that the more people a state has, the more representatives it gets in the legislature. Clearly, larger states favored this plan.

The Virginia Plan

BRANCHESThree - legislative, executive, and judicial. The legislature was more powerful, as it chose people to serve in the executive and judicial branches.

LEGISLATURETwo houses (bicameral). The House of Representatives was elected by the people and the Senate was elected by the state legislatures. Both were represented proportionally.

OTHER POWERSThe legislature could regulate interstate trade, strike down laws deemed unconstitutional and use armed forces to enforce laws.

New Jersey PlanSmaller states were pretty scared about it, though. If this plan passed, it would mean that smaller states would have almost no say in the government. The debate over the Virginia Plan grew quite heated, and finally the small states asked for time to draw up their own plan, known as the New Jersey Plan (see table for details). Its legislature only had one house which featured equal representation - each state gets the same number of representatives. This way, smaller states had the same power in the legislature as larger states.Ultimately, the New Jersey Plan was rejected as a basis for a new constitution. It was really a continuation of the old style of government under the Articles of Confederation. However, some ideas from it were used in the new constitution. The Virginia Plan was used, but many delegates felt that any new government would need new powers and a new organization to exercise those powers fully.

The New Jersey Plan

BRANCHES

Three - legislative, executive, and judicial. The legislature appoints people to serve in the executive branch, and the executive branch selects the justices of the Supreme Court.

LEGISLATUREOne house (unicameral). States would be represented equally, so all states had the same power.

OTHER POWERSThe national government could levy taxes and import duties, regulate trade, and state laws would be subordinate to laws passed by the national legislature.

The Great Compromise (Connecticut Plan)Because it was presented by William Paterson of New Jersey, the small states' proposal was called the New Jersey Plan. This plan kept more of the existing national government. The Congress would still be one house, but it would have the power to raise taxes and to regulate trade. More importantly to the small-state delegates, each state would continue to have one vote in Congress, regardless of that state's population. This plan wasn't too popular with the large-state delegates, who seemed to have a majority. But the small-state delegates didn't much like the Virginia Plan, either, and refused to vote for it. It seemed that the Constitutional Convention was deadlocked.

Roger Sherman, a delegate from Connecticut, provided the answer. He offered a deal that he thought both sides would like. This was called the Connecticut Compromise, or the Great Compromise. This created the federal government that exists today. Congress had two houses, the Senate and the House of Representatives. The number of members of the House would be based on the population of each state. The Senate would have two members from each state, with each Senator being elected by state legislatures.

Both sides got some of what they wanted. The large states were happy because they got more members in the House of Representatives. The small states were happy because they got equal representation in the Senate. The large states were also happy because the House of Representatives was the only house of Congress that could write bills to create taxes. The small states were also happy because in all other respects, the two houses of Congress were equal. (And in fact, the Senate was called the upper house.)

3/5 Compromise

As all compromises do, the three-fifths compromise started as a dispute. Most of the Northern states did not want to count slaves at all, arguing that they should be treated as property, since they didn't have votes or any other power. The Southern states, however, wanted to count slaves as people so that they would get more representation in Congress, solidifying their political power. The North resisted this, rightly fearing that counting slaves as people would increase the Congressional seats apportioned to the South, thereby making the South extremely formidable.

In the end, two representatives, James Wilson and Roger Sherman, came up with the three-fifths compromise, which was designed to meet the demands of both sides. Recognizing the desire of the South and wanting to reach out to the Southern states to encourage them to ratify, the three-fifths compromise allowed the government to count slaves as partial people, while allaying the fears of the North about Southern power.

Of course, many people in the Northern states kept slaves as well, but the vast majority of slaves in America at the time were working on Southern plantations as agricultural laborers. Under the three-fifths compromise, plantation owners in the South gained considerable political power, which they used to promote their own political agenda and desires.

1. Why were slaves necessary to the Southern economy?

Federalists and Anti-FederalistsThe creation of the Constitution entailed hours of debate and compromise, and even when it was completed, some delegates were unhappy with it. The task of fixing the ailing Confederate government was not complete yet; each state had to ratify, or approve, the Constitution. Basically, people divided into two groups, the Federalists and the Anti-Federalists. Each of their viewpoints is worth examining, as they both have sound reasoning.

The Anti-Federalists did not want to ratify the Constitution. Basically, they argue that:

It gave too much power to the national government at the expense of the state governments. There was no bill of rights.

The national government could maintain an army in peacetime.

Congress, because of the `necessary and proper clause,' wielded too much power.

The executive branch held too much power.

Of these complaints, the lack of a bill of rights was the most effective. The American people had just fought a war to defend their rights, and they did not want a intimidating national government taking those rights away again. The lack of a bill of rights was the focus of the Anti-Federalist campaign against ratification.

The Federalists, on the other hand, had answers to all of the Anti-Federalist complaints. Among them:

The separation of powers into three independent branches protected the rights of the people. Each branch represents a different aspect of the people, and because all three branches are equal, no one group can assume control over another.

A listing of rights can be a dangerous thing. If the national government were to protect specific listed rights, what would stop it from violating rights other than the listed ones? Since we can't list all the rights, the Federalists argued that it's better to list none at all.

Overall, the Federalists were more organized in their efforts. By June of 1788, the Constitution was close to ratification. Nine states had ratified it, and only one more (New Hampshire) was needed. To achieve this, the Federalists agreed that once Congress met, it would draft a bill of rights. Finally, New York and Virginia approved, and the Constitution was a reality. Interestingly, the Bill of Rights was not originally a part of the Constitution, and yet it has proved to be highly important to protecting the rights of the people.