Building a New Nation The Constitutional Convention.

Building a New NationBuilding a New Nation

The Constitutional The Constitutional ConventionConvention

Class ObjectivesClass Objectives• Identify the key leaders at the Constitutional Convention

• Summarize the key issues and their resolution at the Constitutional Convention

• Compare the Virginia and New Jersey Plans• Explain the Great Compromise• Define the 3/5th Compromise• Explain the compromise on commerce & the slave trade• Describe the form of government established by the

Constitution• Describe the debate over ratification of the Constitution,

and the views of the opposing sides.• Explain the purpose of the Bill of Rights, and identify the

documents that informed it.

Constitutional Constitutional ConventionConvention

• During the Constitutional Era, the Founding Fathers made two attempts to establish a workable government based on republican principles

• The failure of the Articles of Confederation led to a new Constitutional Convention

• During the fall of 1787 Congressman convened in Philadelphia to address the issues of the Articles of Confederation . They ultimately created a new form of government.

• Do you think it was easy?????

ActivityActivity• Film Clip – The Constitutional Convention, 1787

– Note the roles of key leaders at the Convention:

•George Washington: – President (chairman) of the Convention– Quiet but very respected; kept tempers cool

•James Madison: “The Father of the Constitution”– Author of the Virginia Plan (three branches of govt)– Kept detailed notes! Brilliant!– Would later author the Bill of Rights

• Constitutional Compromises– Handouts A, B, C – what do you think?– What actually happened?

Constitutional Convention – Conflicts and Compromises

Virginia Plan:•3 separate branches: Exec,Leg,Judicial•Bicameral (2 houses) legislature, House of Representatives & Senate• Representation based on

population size in both houses• More people more reps• Big states liked this!

New Jersey Plan:•3 separate branches: Exec,Leg,Judicial•Unicameral (1 house) legislature, House of Representatives only• Equal representation for all

states, like in the Articles of Con.• One state one vote • Small states liked this!

Northern States:•Slaves should NOT be counted for representation, but they SHOULD be counted for taxation.•This position was best for the non-slavery states (mostly northern and smaller).

Southern States:•Slaves SHOULD be counted for representation, but they should NOT be counted for taxation.•This position was best for the slave-holding states (mostly southern with large #’s of slaves).

Northern States•Wanted government to regulate business, to help northern industry•Some northerners wanted the govt to end the slave trade, but all wanted to protect their own property rights•Most northerners did not want to have to return escaped slaves to owners

Southern States:•Did not want government to regulate business, because it would not help southern agriculture•Were afraid that government would end the slave trade•Felt that northerners must return escaped slaves (property) to owners

Great CompromiseHow should states be represented in the govt?

Three-Fifths (3/5th) CompromiseHow should population be counted for representation

and taxation?

Slave Trade & Commerce Compromise

Should the govt regulate business, including the slave trade?

• Count some of the slaves. For every 5 slaves, 3 would be counted for

population and taxation.

• Bicameral legislature with 2 houses: House of Representatives & Senate

• Representation based on pop. in House of Reps• Equal representation in Senate

(each State gets two Senators)• Also called Connecticut Compromise

• Govt COULD regulate business, but promised not to end the slave trade for 20 years. • Escaped slaves would be

returned to owners.

Basic Principles of the Basic Principles of the ConstitutionConstitutionFederal Govt is the Supreme Law of the Land, but States

have a lot of power to govern themselves

• Popular Sovereignty (Rule by the people)– Power comes from the people’s

consent

• Limited Government– Limited the powers of the Government

to those powers in the Constitution

Basic Principles of the Basic Principles of the ConstitutionConstitution

• Separation of Powers– Three branches of government– Legislative: Congress (makes the law)

• Senate and House of Representatives

– Executive: President (enforces the law)– Judicial: Supreme Court (interprets the

law)

• Checks and Balances– Each branch has some control over the

others– No branch can get too powerful

Basic Principles of the Basic Principles of the ConstitutionConstitution

• Judicial Review– The courts (judicial branch) can

declare laws unconstitutional– This was added a few years later; not

in the Constitution!

• Federalism– Power is shared between the national

government and the states

FederalismNational

GovtState Govts

Check for Check for UnderstandingUnderstanding

• What was the location of the Constitutional Convention?

• Who presided over the convention as chairman…why was he chosen?

• What were the main issues discussed at the convention?

• What did Great Compromise do?

• What are the basic principles of the Constitution?

The Ratification Debate• Ratify = Approve

• Read the article Ratification of the Constitution and answer the questions.

Ratification

• Before the Constitution can be put into practice, it must be ratified, or approved by the states.

– Each state sets up a convention to approve or reject the Constitution

– Nine states must accept the Constitution for it to be ratified

• Debate over Constitution -- (Federalists and Anti-federalists) – What were their arguments?

FEDERALISTS ANTI-FEDERALISTSFOR Ratification:

Strong central government was good for solving national issues:• Order and national security• Economic development• Commerce between states

Did NOT need a Bill of Rights, b/c the Constitution already protected citizens.

Separation of powers, checks & balances, and federalism protected states and citizens from a govt that was toopowerful

Major Federalists:Alexander Hamilton*, James Madison*, John Jay*, George Washington

*wrote Federalist Papers to support ratification

AGAINST Ratification:

Feared that a strong central government would take away rights of citizens and states, and would favor the rich and powerful

WANTED a Bill of Rights to protect individuals from power of govt. Refused to ratify w/o it (NY & VA)

Major Anti-Federalists*:Patrick Henry, George Mason

* James Madison eventually agreed with them, and wrote the Bill of Rights!

The Bill of Rights

• After the Federalists promise to add a Bill of Rights, states begin to ratify the Constitution. (Delaware is 1st)

• Bill of Rights is written by James Madison (a Federalist)

• Heavily influenced by two Virginia documents:– The Virginia Declaration of Rights (1776) by George

Mason– The Virginia Statute of Religious Freedom (1786) by

Thomas Jefferson

Activity• Review

– The VA Declaration of Rights and the VA Statute of Religious Freedom

– The Bill of Rights

• How did these two documents influence the Bill of Rights and other founding principles of the United States?