CONSTITUTIONAL CONVENTION

Objectives Why did the Constitutional Convention draft a new plan for government? How did the rival plans for the new government differ? What other conflicts required the Framers to compromise? What were the main points of the disagreement between the Antifederalists and the Federalists?

Drafting a New Constitution The Convention Meets Framers of the Constitution May 25, 1787: convention gets underway with representatives of 12 of the 13 states Rhode Island, fearing weaker state powers, sent no delegation. Delegates worked to draft the framework for a new government. Meetings were held in strict secrecy without press or public. 55 delegates, known as Framers of the Constitution One-third had served in the Continental Army. 8 had signed Declaration of Independence George Washington, president of convention James Madison a major influence Delegates gathered in Philadelphia to revise the Articles of Confederation, but ended up with an entirely new plan for government.

Rival Plans The Virginia Plan One of two rival plans for creating a new form of government which emerged at the convention Based on the ideas of James Madison, The Virginia Plan called for a central government divided into three branches legislative, executive, judicial each branch with power to check the others. Called for strong national government with power to make laws, levy taxes, control interstate commerce, override state laws Called for bicameral legislature with membership based on state s population; lower house members elected directly by the people; upper house members selected by state legislatures

Rival Plans The New Jersey Plan Delegates from small states concerned that Virginia Plan gave too much power to large states The New Jersey Plan called for a strong central government made up of three branches, but was designed to stick closer to the Articles of Confederation. Called for unicameral legislature Each state would have one vote, with equal representation regardless of its population. Despite support from small states, the plan was ultimately rejected at the Convention.

Conflict and Compromise For weeks after the rejection of the New Jersey Plan, the Convention was deadlocked. Tempers flared, and at times it seemed the Convention would fall apart. In the end, a series of compromises saved the Convention. The Great Compromise June 30, 1787: Roger Sherman presented The Connecticut Compromise (The Great Compromise). Elements of both plans Bicameral legislature: lower house number based on state s population, upper house with two members each Lower house elected directly by the people; upper house selected by state legislatures Compromise Over Slavery Key points: whether slaves should be counted as part of state s population; whether importation of enslaved people should be allowed to continue Counting slaves would greatly increase population and power of southern states Three-Fifths Compromise: three-fifths of enslaved people would be counted to determine a state s population. Compromise on slave trade allowed it to continue protected for the next 20 years

Presidential Election Some wanted president elected directly by the people; others by the state legislatures or the national legislature Compromise: state electors Finalizing the Constitution Conflict and Compromise Number of state electors equal to number of representatives in both houses of Congress; chosen by popular vote If no candidate received majority vote, House of Representatives would choose president Debated issues, settled disputes, made key decisions during summer of 1787 Benjamin Franklin said document was as close to perfect as possible, to overlook parts they did not like and act heartily and unanimously in signing Constitution Some delegates refused to sign because it did not include a bill of rights. 39 delegates from 12 states signed Constitution Convention adjourned September 17, 1787

Antifederalists versus Federalists Constitutional Convention adjourned September 17, 1787 Drastic changes in plan for government surprised some, angered others New national government would Greatly reduce powers of state legislatures Completely restructure Congress Framers outlined process for ratifying Constitution Voters in each state to elect representatives to state ratifying convention To become law, Constitution had to be ratified by 9 of 13 states Two factions Federalists supported Constitution Antifederalists opposed Constitution

The Antifederalists Recognized need for stronger national government but thought Constitution betrayed ideals of American Revolution Saw document as assault on state sovereignty, republicanism, liberty of the people Believed national government would become too powerful Strongest criticism Constitution lacked bill of rights guaranteeing civil liberties The Federalists Enthusiastic supporters of powerful, vigorous national government Feared central government that was too strong, but feared weak government more Believed sufficiently powerful national government would strengthen fragile union, promote public good Government would be empowered to defend against foreign enemies, regulate trade, and put down internal disturbances. Believed separation of powers in Constitution put limits on government power

Writing Team Alexander Hamilton, James Madison, John Jay Wrote under pen name, Publius one of founders of Roman Republic Authored 85 essays total The Federalist Papers Best Commentary Circulated throughout the states Classic statement of American political theory Collectively called the Federalist Papers Defended Constitution Papers 10 and 51 argued Constitution would balance influence of different factions Others explained how principles of government would limit national authority, preserve liberty Rebuttal Essays Antifederalists published own essays Protecting liberty a chief concern Certain unalienable and fundamental rights ought to be explicitly ascertained and fixed.

The Fight for Ratification Because they did not trust government, the Antifederalists wanted the basic rights of the people spelled out in the Constitution. The struggle over the Bill of Rights became a key focus in the fight over ratification. Winning Over the States Federalists better prepared Targeted small states Delaware first to ratify, December 7, 1787 Ratification harder in larger, more powerful states Promise of adding bill of rights key to winning many states Eventually all 13 states ratified Bill of Rights First Congress made bill of rights one of government s first priorities Ideas for these rights had been voiced in Declaration of Independence, elsewhere December 1791: 10 amendments, traditionally called the Bill of Rights, ratified Protected freedom of speech, press, religion, due process, right to fair trial, trial by jury