constitutional convention 2012
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WELCOME TO WELCOME TO THE THE
FEDERAL FEDERAL CONVENTIOCONVENTIO
NNMay, 1787
PENNSYLVANIA STATE HOUSE
WHY ARE WHY ARE WE HERE?WE HERE?
“for the sole and express purpose of revising the Articles of Confederation”
What’s wrong with the Articles?
Weak central government
States aren’t forced to follow laws
No taxing power
No national executive
No national judicial branch
Can’t control interstate commerce
Can’t stop conflicts between states
Can’t stop domestic rebellion
Difficult to pass laws
Very difficult to amend
The ArticlesThe Articleslegislative branch
A unicameral, or one-house, legislature Each state has one vote, regardless of size
executive branch none
judicial branchnone
The RulesThe RulesThe RulesThe Rules
SecrecyCourtesyFlexibility
SecrecyCourtesyFlexibility
The divisive issuesThe divisive issuesThe national or general government
Representation of statesThe executive branch
Slavery and the slave tradeElections
and others …
The The Virginia Virginia
PlanPlan
WE NEED A NEW FORM OF GOVERNMENT
Madison Randolph
Which should Which should be stronger, be stronger, the state the state government or government or the national the national government? government? Why?Why?
The decisionThe decisionA stronger national government
is necessary A federal system was developed –
both the national government and state governments have power
Should be limited by the constitutionA republican form of government is
bestSupremacy
How should we How should we determine the determine the representation of representation of the states in the states in Congress? By Congress? By population, population, money, money, equality ...? equality ...?
The Virginia PlanThe Virginia Planlegislative branch
A bicameral, or two-house, legislature Representation determined by population
of the state
executive branch a single national executive selected by
CongressSome veto power
judicial branchjudges selected by Congress Some ability to override laws
237,946
59,096
82,548
378,787
141,885
184,139
340,120
393,751
434,373
68,825
249,073
691,737
319,728
0 200,000 400,000 600,000 800,000
Pop
ula
tion
VirginiaSouth CarolinaRhode IslandPennsylvaniaNorth CarolinaNew YorkNew JerseyNew HampshireMassachusettsMarylandGeorgiaDelawareConnecticut
The New The New Jersey PlanJersey Plan
WE NEED TO STRENGTHEN THE ARTICLES OF CONFEDERATION
Paterson
The New Jersey PlanThe New Jersey Planlegislative branch
A unicameral, or one-house, legislature membership based on equality – one vote
per state More powers than under the AOC
executive brancha multiple national executive selected by
CongressSome veto power
judicial branchjudges selected by the Executives
Some ability to override laws
Hamilton’s PlanHamilton’s Planproposed a government
based on the British monarchy and parliament
all powerful national government
Senators with life termsPresident with life termJudges with life term
The Great CompromiseThe Great Compromiselegislative branch
A bicameral legislatureA House of Representatives, based on
populationA Senate, based on equality
executive branch Determined by a committee
judicial branchDetermined by a committee
“When a broad table is to be
made, and the edge of the
planks do not fit, the artist takes a little
from both, and makes a good
joint.”Franklin
The Great The Great CompromiseCompromise
WE NEED TO COMPROMIS
E
Sherman
Should Should there be there be one or one or
more than more than one chief one chief
executive?executive?
What power(s)
should the chief
executive have?
National National ExecutiveExecutive
A single executive – the President
Checked by the legislative branch
Veto power
What should be What should be done about done about
slavery and the slavery and the slave trade in slave trade in
the United the United States? States?
Slavery and the Slave Slavery and the Slave TradeTrade
Slavery Compromise #1Slavery Compromise #1What should be done with the
Trans-Atlantic slave trade?
SLAVE TRADE COMPROMISE
Slave trade (importation of slaves) could be banned by
Congress, but not for 20 years
NOT SLAVERY ITSELF
Should slaves Should slaves count in the count in the population population
toward toward representatiorepresentation? Why or why n? Why or why
not? not?
State Population Slave popConnecticut 237,946 2,764Delaware 59,096 8,887Georgia 82,548 29,264Maryland 319,728 103,036Massachusetts 378,787 0New Hampshire 141,885 158New Jersey 184,139 11,423New York 340,120 21,324North Carolina 393,751 100,572Pennsylvania 434,373 3,737Rhode Island 68,825 948South Carolina 249,073 107,094Virginia 691,737 292,627
Slavery Compromise #2Slavery Compromise #2
How should slaves count in matters of representation?
THREE FIFTHS COMPROMISE
“Other persons” would count as 3/5 of a person for
matters of representation
Who should Who should select the select the legislators legislators
(Congress)? (Congress)?
COMPROMISECOMPROMISE
How should the members of Congress be elected?
CompromiseHouse of Representatives is elected
by the people
Senate is elected by the state legislatures
Who should Who should select the select the
chief chief executive executive
or or executives?executives?
COMPROMISECOMPROMISE
How should the Chief Executive (President) be elected?
CompromiseThe Electoral College
The people would vote for electors, who would then select
the President
ADDITIONAL QUESTIONSADDITIONAL QUESTIONSShould there be religious test or
requirements for public office?NO
Who should have the power to declare war?CONGRESS
Should there be a standing army during times of peace?
YES Should Congress control interstate
commerce?YES - a big deal! Lots o’ power for Congress
Writing the Writing the ConstitutionConstitution
July - Committee of DetailAugust – Debate again over the document
September – Committee of StyleWho wrote it?Never really established, but Gouverneur Morris takes credit
“I confess that 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 agree to this Constitution with all its faults…”
Franklin Wilson
Weakness SolutionWeak national government Stronger (but limited) national
government
Only one branch Three branches
No national executive to enforce laws
Single national executive
No national judicial system National judicial branch can solve disputes between states
Difficult to pass laws (9/13 states)
Simple majority in both houses (50%+1)
Very difficult to amend (all 13 states)
Easier to amend (but still a challenge –3/4 states)
Inability to tax National government may tax
No regulation of commerce National government can regulate interstate trade
Signing the Signing the ConstitutionConstitution
39 signers (38, kinda)
3 didn’t sign
RandolphGerryMason
“…I have the happiness to know it is a rising and not a setting sun”
RATIFICATIORATIFICATIONN
The Constitution was sent to states for
RATIFICATION (or approval) in
State Conventions –
not in the state governments
RATIFICATIORATIFICATIONN
9 out of 13 states had
to ratify the Constitution for it to
become law(not 13/13)