The C onstitutional Convention

The Constitutional Convention

1787

Why did was there a convention?After Shay’s Rebellion

the delegates realized the Articles of Confederation were not working

At first just wanted to fix the Articles

Realized would need to give more power to a national government

Decided to write a Constitution

Terms to KnowDelegate: person

picked to represent youFramer: A delegate at

the Constitution Convention who helped with the Constitution

Founder: A Delegate who helped with the Revolutionary War

Ratification: formal approval of the Constitution

Independence Hall in Philadelphia

Who were the Framers?George Washington

James Madison

After Revolutionary War wanted to retire back to Virginia

Went to the Convention so others would also go

Became the President of the Convention

Wanted everyone to share their opinions

Wanted a strong national government

From Virginia Wanted a Strong National

Government Wrote the Virginia Plan Known as the “Father of the

Constitution” because most of his ideas were used

Secretly wrote notes about the convention

Representative Dem0cracy

Who were the Framers?Alexander Hamilton Ben Franklin

Wanted a strong national government

Became angry and left convention early

Suggested a King for the new leader & people were angry

Will later set up our economic system

From PennsylvaniaOldest delegate at the

conventionRespected & helps

negotiate the Great Compromise

Wants a strong national government

Who were the Framers?George Mason Roger Sherman

From VirginiaDoes not agree with a

strong national government

Wants a list of rights that will protect the rights of the people called a Bill of Rights

From ConnecticutCame up with the

Connecticut Plan which became the Great Compromise

Not at the ConventionPatrick Henry Thomas Jefferson

A FounderDuring Revolution said

“Give Me Liberty or Give Me Death”

Did not go to the convention because he “smelled a rat”

He feared a strong national government

From VirginiaAgreed with a strong

national governmentWas in France as an

ambassador so was not at the convention

It’s a Secret!Why?1. Don’t want the

delegates to be influenced by special interests of the people

2. Want an open discussion to get more ideas

3. Afraid the people will not agree with it

Issue #1Small States Big States

What did they want?Just wanted to fix the

Articles of Confederation because each state only had one vote

Equal Representation: Each state has same number of votes regardless of size

Afraid big states would become too powerful

What did they want?Proportional

Representation: number of votes should be determined by population

Bigger states would have more votes

Solution:Legislative Branch

would have two houses

1. House of Representatives: Proportional Representation by population

2. The Senate: Equal Representation-every state has two Senators

• Proportional Representation

• Deals with Government Spending & Taxes

HOR

• Equal Representation

• Every State has 2 Senators

Senate

Congress

Legislative Branch

Issue #2:Northern States Southern States

Wanted to end slave trade

Did not want slaves to count as population for representation

Wanted tariffs on foreign trade

Tariff: tax on trade

Did not want to abolish slavery

Abolish: to rid of or endWanted run away slaves

returnedWanted slaves to count

toward population so have more representatives

Did not want tariffs on trade goodsWhy is this important?

Solution:Northern States

Southern States

If Southern states counted slaves toward population they had to pay more tax

Congress got the power to control trade which helped Northern states

Slave Trade could not end until 1808

Three-fifths Clause: each Slave would count as 3/5 of a person for representation

Fugitive Slave Clause: run away slaves must be returned

Issue #3: Who Has More Power?National Government State GovernmentFederalists: want a

strong national government

Afraid a Bill of Rights would limit the rights of citizens

Feel need a stronger government to unify the states

Anti-Federalists: want a weak national government

Want a Bill of Rights to guarantee citizens’ rights

Afraid of another kingThe Federalist Papers were written by James Madison, Alexander

Hamilton & John Jay to encourage support for a

strong national government.

Solutions:What the National

Government Can Do:Apportioned: to divide

and assignEx: Taxes will be

apportioned among the states

Enumerated Powers: list of jobs given to Congress specifically listed in the Constitution

Ex: The Constitution enumerates the powers of Congress

Necessary & Proper Clause: Congress can make laws that are needed to carry out their powers

Supremacy Clause: the Constitution is the highest law of the land & must be followed by everyone (including the states & courts)

Solutions:What the National

Gov. Can’t Do:Bills of Attainder:

Punishing someone for a crime without a trial

Ex Post Facto: (After the Fact)

Can’t punish someone for a crime if it wasn’t a crime when they committed it

Writ of Habeas Corpus: can not hold a prisoner unless have a reason to put them in jail

Terms to Know:National Government +

State Government= Federal System

Treason: aiding the enemy during wartime; betraying your country

The only crime listed in the Constitution

Separated Powers: Each branch has different jobs

Balance of Powers: no one branch can become too powerful over the other