Chapter 2:4 Constitutional Convention

Chapter 2:4 Constitutional Convention

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

Objectives: 2:4 Our Political Beginnings o Students will examine the process that led to the Constitutional Convention of 1787. 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.

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

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.