Chapter 2:4 Constitutional Convention

Transcription

1 Chapter 2:4 Constitutional Convention

2 Psa_119:165 Great peace have they which love thy law: and nothing shall offend them.

3 Objectives: 2:4 Our Political Beginnings o Students will examine the process that led to the Constitutional Convention of o Students will examine how the Constitution was written. o Students will examine the major compromises necessary in order for the constitution to be ratified.

4 INTRODUCTION: o 25 May 1787 began the Constitutional Convention in Philadelphia.

5 INTRODUCTION: o Twelve of the 13 states, all but Rhode Island sent delegates to Philadelphia. o The group of delegates were called the framers of the Constitution. o Included were George Washington, Ben Franklin, Alexander Hamilton, and many others who were wide knowledge and experience serving in politics and law. o Two would become president of the U.S. and one Vice President. o 31 attended college in a era where colleges were scarce.

6 INTRODUCTION: o The average age of the delegates were 42. nearly half were only in their 30s. o Madison was 36, Hamilton 32, Ben Franklin was the oldest at 81, and George Washington was 55. o Several who were not delegates were Thomas Jefferson and Thomas Paine who were in Paris, and John Adams who was envoy to Holland and England at the time.

7 Organization and Procedure: o George Washington was the president of the convention. o James Madison took detailed notes, and his intellect and knowledge was held in great respect by his peers. o Madison quickly became the conventions floor leader. o Madison contributed to more to the constitution than did any of the others and still was able to keep close record of his work. o He was labeled the Father of the Constitution.

8 The Virginia Plan: o Virginia was instrumental to call the convention and established the first plan called the Virginia Plan. o Called for a new government with three separate branches: legislature, executive, and judicial. o The legislature would be bicameral (two houses). o Representatives would be based on either the state s population or amount of money it gave to support the central government.

9 The Virginia Plan: o Members of the lower house, the House of Representatives were popularly elected by each state. o Those of the upper house, the Senate were chosen by the House from the lists of persons nominated by the state legislatures.

10 The Virginia Plan: o Congress was to be given all of the powers it held under the Articles. o In addition, it was to have the power to legislate in all cases in which the separate states are incompetent. o To veto any state law in conflict with national law, and to use force if necessary to make a state obey national law.

11 The Virginia Plan: o Congress would choose a national executive and national judiciary. o They could veto acts of Congress but this veto could be overridden by the two houses. o The executive would have general authority to execute the national laws.

12 The Virginia Plan: o All the state officers should take an oath to support the Union. o That each state be guaranteed a republican form of government. o And that congress has the power to admit new states to the Union.

13 The New Jersey Plan: o Would keep the unicameral congress of the Confederation. o The executive would have more than one person chosen by Congress and could be removed by it at the request of a majority of the states governors. o The federal judiciary would be composed of a single supreme tribunal appointed by the executive. o Wanted to keep state representation to be the same number of delegates for each state regardless of population.

14 The Connecticut Compromise: o Fear that the larger states would dominate the smaller governments based on popular representation. o Conflict was settled by the Connecticut Compromise. o That Congress should be composed of two houses. o The smaller was the Senate, the states would be represented equally.

15 The Connecticut Compromise: o In the House, the representation of each state would be based upon the population. o Combining the Virginia and New Jersey plan the convention s most serious dispute was resolved. o It was also called the Great Compromise cause it allowed the movement to go forward.

16 Three-Fifths Compromise: o Another controversy was, should slaves by counted in the populations of the Southern states? o Debate was fierce. o Most delegates of slave holding states argued that slaves should be counted. o Most of the Northerners took the opposing view.

17 Three-Fifths Compromise: o Finally the Framers agreed to the Three-Fifths compromise. o It provided that all free persons should be counted, and so should three-fifths of all other persons. o Which would ultimately be done away, with slavery being swept away after the Civil War.

18 Commerce and Slave Trade Compromise: o Congress would be given the power to regulate foreign and interstate trade. o Southerners were particularly afraid that Congress would pay for the new government out of export duties and southern Tobacco. o White Southerners demanded certain protections.

19 Commerce and Slave Trade Compromise: o Thus led to the Commerce and Slave Trade Compromise. o Congress was forbidden the power to tax the export of goods from any state. o It also forbid the power to act on the slave trade for a period of at least 20 years.

20 Sources of the Constitution: o Montesquieu s Spirit of the Laws. o Jean Jacques Rousseau s Social Contract. o John Locke s Two Treatises of Government.

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