STANDARD: 8-3.2 CONSTITUTIONAL CONVENTION Philadelphia, PA- May 25-September 17, 1787
Let s Think?
Reasons for a Convention Called to address problems in governing the U.S. In 1787- U.S. was operating under the Articles of Confederation following independence from Great Britain The Convention was intended to only revise the Articles of Confederation, but James Madison and Alexander Hamilton wanted to create a new government rather than fix the existing one.
Problems with the Articles of Confederation Too weak and caused various conflicts between states Ex: Maryland and Virginia bickered about the Potomac River Rhode Island s imposing taxes on all traffic passing through the state on a post road that linked all the states The Articles of Confederation could only be amended by unanimous vote of the states, any state had effective veto power over any proposed change Articles gave the weak federal government no taxing power Wholly dependent on the states for money, and had no power to force delinquent states to pay
Madison s Conflicts: April 1787 1. "It does not provide against foreign attacks." 2. "It does not secure Harmony to the States." 3. "It is incapable of producing certain blessings to the States. 4. "It cannot defend itself against encroachments." 5. "It is not superior to State constitutions." (Referring to the Articles of Confederation)
To the Convention! On May 14, 1787 delegates from 12 states met in Philadelphia, PA for a Grand Convention to discuss ways to improve the Articles of Confederation Held in the Philadelphia State House Many of the Founding Father of the new nation was in attendance 55 delegates in all Rhode Island, fearing that the Convention would work to its disadvantage, boycotted the Convention entirely in hopes of preventing any change to the Articles. George Washington was unanimously elected president of the Convention
Virginia Plan Presented by Virginians James Madison and Edmund Randolph also known as the Large State Plan On May 29, 1787, proposed a very powerful bicameral legislature Both houses of the legislature would be determined proportionately Lower house would be elected by the people, and upper house would be elected by the lower house Plan created a judiciary, and gave both the executive and some of the judiciary power to override subjects. Portions of the Virginia Plan was ratified and signed in the Constitution on September 17, 1787. Today Madison is known as the Father of the Constitution because of his proposal of the Virginia Plan.
S.C. Role: Pinckney Plan Proposed by Charles Pinckney of S.C. immediately after Randolph finished laying out the VA Plan. The Plan included a confederation, or treaty, among the 13 states. Pinckney provided a supreme Federal Judicial Court Bicameral legislature made up of a Senate and a House of Delegates The House would have one member for every one thousand inhabitants Elect Senators who would serve by rotation for four years and represent one of four regions Congress Meet in a joint session to elect a President Appoint members of the cabinet In Joint session would serve as the court appeal of last resort in disputes between states
Slavery? One of the most controversial issues confronting the delegates was slavery. Slaves accounted for about 1/5 the population in the colonies (most living in the Southern colonies making up about 40% of the population) Became an issues North vs. South with several Southern states refusing to join the Union if slavery was not allowed One issues was whether slaves would be counted as part of the population in determining representation in the U.S. Congress Delegates from states with a large population of slaves argued that slaves should be considered persons in determining representation, but as property if the new government were to levy taxes on the states on the basis of population. Delegates from states were slavery had disappeared argued that slaves should be included in taxation, but not in determining representation. Delegate James Wilson proposed the Three-Fifths Compromise and eventually adopted by the Convention.
3/5 Compromise aka: The Great Compromise Constitution Article Effect The three-fifths compromise is found in Article 1, Section 2, Paragraph 3 of the United States Constitution: Representatives and direct Taxes shall be apportioned among the several States which may be included within this Union, according to their respective Numbers, which shall be determined by adding to the whole Number of free Persons, including those bound to Service for a Term of Years, and excluding Indians not taxed, three fifths of all other Persons. Blacks were counted as 3/5th of a person towards taxation and representation. Since slaves could not vote, slaveholders would have the benefit of increased representation in the House and the Electoral College.
Commerce Compromise The Constitution allows the federal government to tax imports but not exports. allowed Congress to regulate interstate and foreign commerce Northern states wanted the central government to regulate interstate commerce and foreign trade. The South was afraid that export taxes would be put on agricultural products such as tobacco and rice.
Drafting In late July, the Convention appointed a Committee of Detail to draft a document based on the agreements The Committee of Detail took another month to discuss and refine the draft. A second Committee, the Committee of Style and Arrangement, produced the final version, which was submitted for signing on September 17, 1787.
Signing Not all delegates were pleased, some left before the ceremony Three refused to sign, including Edmund Randolph (VA PLAN) Of the 39 delegates who did sign, probably no one was completely satisfied. Their views were summed up by Benjamin Franklin, who said, "There are several parts of this Constitution which I do not at present approve, but I am not sure I shall never approve them.... I doubt too whether any other Convention we can obtain, may be able to make a better Constitution.... It therefore astonishes me, Sir, to find this system approaching so near to perfection as it does; and I think it will astonish our enemies..."
SC s Role in the State Government Con t: 8-3.2