Constitutional Convention aka The Philadelphia Convention Issues Federalism

Constitutional Convention aka The Philadelphia Convention

Issues Federalism Should the states or the federal government have more power? How is the Constitution to be interpreted? (Loose vs. Strict Constructionism)

Results

Leaders Federalists George Washington Benjamin Franklin James Madison Alexander Hamilton Anti-Federalists From Virginia: George Mason and Patrick Henry From Massachusetts: James Winthrop and John Hancock From New York: George Clinton

Arguments Federalists Anti-Federalists Stronger central government would government was destroy the work of the needed to maintain Revolution, limit order and preserve the democracy, and Union restrict states' rights

Strategy Federalists • Emphasized the • Anti-Federalists Argued that the proposed weaknesses of the Constitution contained no Articles of Confederation protection of individual Showed their opponents rights, that it gave the as merely negative central government more opponents with no power than the British ever solutions had

Advantages Federalists • Strong leaders • Well organized Anti-Federalists Appealed to popular distrust of government based on colonial experience

Disadvantages Federalists • Constitution was new and untried • As originally written, it lacked a Bill of Rights Anti-Federalists • Poorly organized • Slow to respond to Federalist challenge

Representation in Congress Virginia Plan - big state plan based on population New Jersey Plan - small state plan based on equal representation Connecticut Compromise - two house legislature- one house by population (House of Representatives)/one house equal representation (Senate)

Slavery How would slaves be counted when determining a states level of representation and taxation? Three-Fifths Compromise Slaves could be imported for at least 20 more years (until 1820). At that time Congress could abolish the practice.

Powers and Election of Presidents Term of office - would be four years/no term limits Elections - electors, equal to the number of the states representatives (not the people) would choose the president/too much democracy could equate to mob rule

Bill of Rights Opposed by Federalists - The people were to be represented in Congress, so they did not need to be protected from themselves. Assume all right are protected instead of creating a limited list. Favored by Antifederalists - Americans had fought the Revolution to escape tyranny of a central government. What was to stop a strong central government under a Constitution from becoming tyrannical?

Amendments I. Congress may make no laws that infringe a citizen's right to freedom of religion, speech, press, assembly, and petition. Congress may not favor one religion over another (separation of church and state). II. The people have the right to keep and bear arms in a state militia. III. The people cannot. be required to quarter (house) soldiers during peacetime.

Amendments IV. The government may not carry out unreasonable searches or seizures of the people's property. V. No individual may be deprived of life, liberty, or property without due process of law. No defendant in a criminal case may be forced to give evidence against himself or herself or to stand trial twice for the same crime (double jeopardy). VI. Anyone accused of a crime has the right to a speedy and public trial and the right to call and question witnesses.

Amendments VII. In most civil cases (one person suing another in court), citizens have the right to trial by jury. VIII. Persons accused or convicted of crimes are protected against excessive bail and fines and cruel and unusual punishments. IX. Any rights not specifically mentioned in the Constitution are also guaranteed against government infringement.

Amendments X. All powers not delegated to the federal government belong to the states or to the people.