The Constitution By the mid 1780s most political

The Constitution

By the mid- 1780’s most political leaders agreed that the Articles of Confederation needed to be changed. • February 1787: Congress invites EACH state to send a delegate to a convention in Philadelphia.

The Constitutional Convention • May 1787 in Independence Hall • Met to discuss how to improve Articles of Confederation • 12 states sent a total of 55 delegates to the Convention (Rhode Island refused to send any)

Who was there? Many were well-educated and had served in governmental positions • Ben Franklin: was the oldest delegate present • James Madison: One of the most important delegates. He took great notes and joined in on many discussions • George Washington: Was elected President of the entire convention

What about others? • The states did not choose any women, African Americans, or American Indians as delegates to the Convention because members of these groups did not have the rights of full citizens. What is ironic about this!?

Division Between the Delegates Some members wanted to make small changes, while others wanted to REWRITE the Articles…. but the people who wanted to rewrite them had some differences amongst each other: 1. Small and large states had concerns about state representation 2. States had differing views about slavery 3. Economic issues, such as tariffs, divided northerners & southerners 4. There was also disagreement over how strong to make the national government So, what happened?

A series of propositions were made….

The Virginia Plan • Presented by Edmund Randolph but written mostly by James Madison Offered a federal constitution that would give supreme power to the central government. Divided the national government into 3 branches: Executive, Legislative, and Judicial.

THE SPECEFICS Legislative Branch, what will it do? • It would be a two-house legislature • Representatives would be chosen on the basis of state populations (so larger states would have more representation than smaller states) Delegates from smaller states disagreed with the plan… it gave too much power to the larger states!

New Jersey Plan • Presented by William Paterson Plan wanted to keep a one-house legislature, which means each state would have an equal number of votes, giving smaller states an equal voice in the national government.

THE SPECIFICS • Proposed that all acts passed by Congress be the “supreme law of the respective states” • Plan gave central government the power to tax citizens in all states & regulate commerce Delegates from the large states were against the plan, it gave the smaller states more influence!

What do you think? If you were a delegate at the Constitutional Convention, which side would you be on? What makes the most sense?

The Fight Continues • After a month of debate, the delegates were still unable to agree…So a committee was formed to determine how states should be represented… A compromise was proposed- an agreement in which both sides give up some of their demands so that other demands can be met.

The Great Compromise Every state, regardless of size, would have an equal vote in the upper house of the legislature. • Satisfied the supporters of the New Jersey Plan In the lower house, each state would have a number of representatives based on its population. • Satisfied the supporters of the Virginia Plan

Think we’re done yet? Sorry, but there always little problems that need to be settled…. .

Regional Differences Southern Delegates • Wanted to make sure that slaves be counted as part of their state populations. • Why do you think they would want this? Northern Delegates • Wanted slaves to determine taxes, but not representation

Three-Fifths Compromise • Each slave would be counted as three fifths of a person when determining representation. What advantage did this give the South?

Lets Re-cap What Happened: New Jersey Plan Virginia Plan Great Compromise South North Three-Fifths Compromise

Our Living Constitution • Delegates wanted a strong national government to replace the Articles of Confederation and protect popular sovereignty Popular Sovereignty: The idea that political authority belongs to the people.

• They also wanted to balance the power of the national government with the powers of the states, so they looked to federalism. Federalism: The sharing of power between a central government and the states that make up a country

Federal Powers • Federal government has power to enforce its laws in the states • Each state must obey the authority of the federal government • All state officials must obey the constitution • Has the power to use military to enforce lawstroops are under the command of the President

State Powers • States have control over governmental functions not specifically assigned to the federal government. Example: States control local government and education. They also oversee civil and criminal laws. States must also protect the welfare of their citizens Can you think of specific examples of these state powers in our own state?

A Delicate Balance Legislative • Congress • Responsible for proposing and passing laws. • Made up of the Senate and the House of Representatives Executive • President & departments that help run the government • Makes sure that laws are carried out Judicial • National Courts • Responsible for interpreting laws, punishing criminals, and settling disputes between states

Checks and Balances A system to keep any branch of government from becoming too powerful created by the framers of the constitution.

Examples Congress proposes and passes legislation President can veto laws that Congress passes President vetoes a proposal by Congress can override the president’s veto with a two-thirds majority vote A law is passed by Congress The Court can strike down a law that it finds unconstitutional

After 16 long weeks… • In September 1787 the delegates signed the final draft of the Constitution • Only three of the 42 delegates who remained refused to sign. The delegates then sent the Constitution to Congress, which sent it to the states for ratification