Creating the Constitution 2.2, 2.3, 2.4

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1 Creating the Constitution 2.2, 2.3, 2.4

2 Struggle for Government The creation and signing of the Declaration of Independence did not create a government The founding fathers had many problems Declaration of Independence made them traitors to the crown Not everyone wanted to leave England England was at war with the Colonies The 13 colonies did not work as a nation

3

4 First State Constitutions In 1776 and 1777, most of the states adopted written constitutions Every state constitution is unique, however, they do have common features

5 First State Constitutions Popular Sovereignty: The people were recognized as the only source of governmental authority Limited Government: New state governments could exercise only those powers granted to them by the people and the constitution of their state

6 First State Constitutions Civil Rights and Liberties: It was made clear in every state that the sovereign people held certain rights that government must respect at all times Separation of Powers: State governments were divided between three distinct branches; executive, legislative, and judicial

7 Articles of Confederation The Articles of Confederation were approved by the Continental Congress on Nov. 15, 1777, but did not come the law of the law until May 1, 1781 when Maryland finally ratified it

8 Articles of Confederation The structure of the government was unicameral Delegates were chosen by states yearly Each state had one vote regardless of population or wealth Executive and judicial branch issues were handled by committees of the Congress Each year a President was chosen to preside over the government

9 Articles of Confederation Weaknesses of the document started to show, Congress did not have the power to tax, it could only borrow Congress did not have the power to regulate trade Congress needed the consent of 9 of the 13 states

10 Articles of Confederation State power under the Articles was much stronger than it was during colonialism Outside of providing troops for defense, acceptance between states, and the agreement to surrender fugitives, the states could run their government any way they wish

11 Constitutional Convention Friday May 25, 1787 the Constitutional Convention opened with the election of George Washington as Presiding officer

12 Constitutional Convention It was agreed all discussions were secret, and discussions would be limited to the Pennsylvania State House Each state was given one vote, meetings were 6 days a week from 10 to 4. No meals 55 delegates attended, with an average of 40 in attendance daily

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14 Constitutional Convention Major issues discussed Power of Federal Government States Rights Voting Large States vs. Small States Slavery

15 Federalist vs. Anti-Federalist Federalists John Hancock Alexander Hamilton James Madison John Adams George Washington

16 Federalist vs. Anti-Federalist Anti-Federalists Thomas Jefferson Patrick Henry Samuel Adams James Monroe

17 Two Sides

18 Virginia Plan James Madison proposed the framework for the legislative, executive, and judicial branches. Madison proposed a bicameral legislative branch He proposed a House of Representatives and a Senate

19 Virginia Plan Madison proposed both houses to have officials elected by population of the state Delegates were fearful of Madison s plan because they believed more power would be found in the federal government than within the states.

20 Virginia Plan The influence of the British made this a scary reality because it was not the king that made the unfair laws and taxes towards the colonies, it was Parliament with the approval the King Slavery was an issue at this time because it was feared that the north with a larger population would vote to abolish slavery in southern states

21 Virginia Plan A compromise was made between the north and south The agreement was that the federal government could regulate trade, but could not interfere with the slave trade until 1808 (20 years after the convention) The issue of the slavery was not seen as important as creating a national government

22 Virginia Plan Another issue was population The smaller states were upset because when voting in either house, the smaller states would be out voted by the larger states

23 Virginia Plan

24 Another Plan William Paterson of New Jersey proposed a one house legislature Each state would have an equal amount of representatives and therefore an equal vote in the Congress

25 The Great Compromise Roger Sherman of Connecticut called for a bicameral house like the Virginia Plan

26 The difference between Sherman s plan and Madison s plan was with the structure of the houses The House of Representatives would be made up through the population of the state The Senate would allow only 2 representatives regardless of state size

27 Articles of Confederation vs. Constitution Articles of Confederation 1781 A Loose alliance of Independent States A one-house Legislature Only States Can Tax States May Coin Money No Regulation of trade between States Most Power held by States No Executive and Judicial Branches US Constitution 1789 A National Government Representing all Citizens A two-house Legislature Executive and Judicial Branches Created Congress also Given Power to Tax Only National Government can Coin Money National Government Regulates Trade between states Power Shared by National and State Governments

28 Major Compromises

29 Slavery Issue The South not only won the issue of slavery during the Convention, but they earned a bonus with the 3/5 Compromise The South wanted the slaves to be included in the state population count even though they also considered them property The North would not accept slaves to be equal to a man when it came to population

30 Slavery Issue The north was fearful that providing a population count of equal slaves would give the south an unfair advantage in the House of Representatives The compromise was that each slave would equal 3/5 of a person This is called the 3/5 Compromise

31 Executive and Judicial Branches The fear of an all powerful king was still fresh in the minds of the Constitutional Convention They did agree on one leader, not a group How they would elect this person was still up to debate

32 Executive Branch Popular Vote Positive thought: The People at large were the fittest in itself Negative thought: People will never be sufficiently informed Solution: The people would elect members into the House of Representatives and the state legislatures would elect senators This is called the Electoral College

33 Washington s Contribution

34 Judicial Branch It was agreed that the Judicial Branch would be able to interpret laws and settle conflicts between different states This was now called the Supreme Court

35 The End of the Convention On September 17, 1787 the Constitution was signed by 39 delegates PA Delegates: George Clymer Thomas Fitzsimons Ben Franklin Jared Ingersoll Thomas Mifflin Gouverneur Morris Robert Morris James Wilson

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