The Constitutional Convention

US Politics

Overview

• Basic Principles

• The Organization/Structure of the New Government

• The Road to Ratification

Constitutional Convention• Virginia Plan (Edmund

Randolph)– bicameral legislature, lower house

elected by people, upper house elected by lower house from names submitted by state legislatures.

– seats in both allocated by population size

– executive chosen by legislature, single term

– national judiciary, chosen by legislature, life terms

– national gov sovereign

Constitutional Convention

• New Jersey Plan (William Paterson)– unicameral legislature, each

state equal– legislature regulate

trade/commerce and tax states (proportional to population)

– legislature elects “collegial” executive

– executive selects national judiciary

– national gov sovereign

Constitutional Convention

• Connecticut (Great) Compromise (Roger Sherman) – bicameral legislature

• one house based on proportional representaion

• one house based on state equality

Constitutional Convention

• But if one house based on proportional representation, what should serve as basis? – geography?– wealth?– population?

Constitutional Convention

• They settle on population, but that in turn raised the question as to who should count as part of the population

• In particular, should slaves count as part of a state’s population?

Constitutional ConventionConvention works out a compromise, whereby each slave counts as 3/5ths of a free person

Basic Principles

• Three guiding principles of the Constitution:

– Separation of Powers– Checks and Balances– Federalism

Basic Principles

• Separation of Powers:– The division of the national government

into three distinct branches corresponding to the basic functions of government:

• Legislature (make laws)• Executive (administer the laws)• Judiciary (interpret and enforce the laws)

Basic Principles

• Checks and Balances– Powers/Responsibilities given to one

branch of government are offset by powers delegated to another branch.

• e.g., Congress may pass a bill, but it doesn’t become law until the President signs it.

• President can veto legislation, but Congress can override the veto

Checks and Balances

Basic Principles

• Federalism– Shared power relations between the

national government and the states– An attempt to forge a path between the

strong central government of a unitary model and the weakened central government of a confederation

Basic features of the Constitution

– Creates bicameral legislature (Congress)• People elect the House of Representatives• State legislatures elect Senators

– Creates independent executive (President)• Chosen by the Electoral College

– Creates national judiciary (Supreme Court)• Nominated by President; Confirmed by Senate

Structure/Organization

• Legislature: Congress– bicameral (2 houses)

• House of Representatives– based on population; the more people in the state, the

more representatives it receives

• Senate– each state equal representation

– 2 senators per state, each senator receives one vote

» contrast with Articles where each state delegation had a single vote

Structure/Organization

• Executive– President– Vice President– Cabinet– Executive Agencies

Structure/Organization

• Judiciary– Supreme Court– Other federal courts

created by Congress

Basic features of the Constitution

• Power concentrated at the national level– “Supremacy” Clause (Article 6)

• New Powers (most are given to Congress)– Power to levy/collect taxes– Regulate interstate commerce– Raise and maintain a standing army– enact all laws “necessary and proper”

Amending the Constitution

• Two primary means for amending the constitution:– Formal

• actual changes in language of Constitution through addition or deletion)

– Informal• changes in ways in which we interpret the

language of the Constitution

Amending the Constitution

Proposal

2/3rds vote of both houses of Congress

National Convention called by 2/3rds of states

Ratification

Legislatures of 3/4ths of states

By conventions in 3/4ths of the states

Amending the Constitution

• Informal method– Supreme Court reinterprets language of

the Constitution• “Judicial Review”• Marbury v. Madison (1803)

Constitution Today

• Includes Amendments • Significant changes:

– Bill of Rights (1st through 10th Amendments)– judicial review (Marbury v. Madison)– no slavery (13th Amendment)– expanded federal power (14th Amendment)– expanded voting rights (15th, 19th, 24th, 26th)– direct election of senators (17th Amendment)– terms limits on president (22nd Amendment)

Constitutional Convention

• 17 September 1787 Convention adopts Constitution

• Sends to the states for ratification (approval) • 9 states required to ratify and adopt the

Constitution• Ratification by special convention in each

state

Delaware 12/7/1787 30-0

Pennsylvania 12/12/87 46-23

New Jersey 12/19/87 38-0

Georgia 1/2/1788 26-0

Connecticut 1/9/1788 128-40

Mass. 2/6/1788 187-168

Maryland 4/28/1788 63-11

So. Carolina 5/23/1788 149-73

New Hamp. 6/21/1788 57-46

Virginia 6/25/1788 89-79

New York 7/26/1788 30-27

No. Carolina 11/21/89 187-77

Rhode Is. 5/29/1790 34-32

Delaware 12/7/87 30-0

Pennsylvania 12/12/87 46-23 (12)

New Jersey 12/19/87 38-0

Georgia 1/2/1788 26-0

Connecticut 1/9/1788 128-40

Mass. 2/6/1788 187-168(10)

Maryland 4/28/88 63-11

So. Carolina 5/23/88 149-73

New Hamp. 6/21/88 57-46 (6)

Virginia 6/25/88 89-79 (6)

New York 7/26/88 30-27 (2)

No. Carolina 11/21/89 187-77

Rhode Is. 5/29/90 34-32

Ratification Calculations

• The Constitution would not have been ratified if as few as 14 votes (about 1% of total cast), had changed sides in the debate

• If 36 votes had changed, a majority of states would have voted against ratification

• Given that it was so close, and that we think of the Constitution as a great success

• Why was it so controversial?