The Constitution of the United States

The Constitution of the United States

• Articles were doomed to Fail– USA Lacked Central leadership– A Constitutional Convention was called in 1787– Many states called for stronger central

Government• Delegates– Revolutionary Veterans– Signers of Declaration of Independence– White, Landowning, males

Drafting a Constitution

Problems that need to be solved:•Problem 1: Balance between State and Federal•Problem 2: Balance between North and South•Problem 3: Balance between BIG states and Small states

•Two Plans proposed– The Virginia Plan & New Jersey Plan

Convention Problems

The Virginia Plan• Gov. would have 3

branches: – Executive, Legislative,

Judicial• Legislature would be bi-

cameral (2 house)– Voters choose lower

house – lower house chooses upper house

• Population would determine number of votes of each state

• National Gov. is above each state

New Jersey PlanSmaller states objected: Virginia plan would give large states (Virginia) Most of the votes and powerNJ Plan:– Change system to give

congress more power– Each state would have

EQUAL Representation in Gov.

“The Two Ideas…ought to be combined; that one branch the people ought to be represented; in the other the states.”•The Senate (upper house) would have 2 reps from each state•The Representatives (lower house) would be based on states population

“The Great Compromise”

Compromise on Slavery

Slave Population gave South huge Pop. Advantage

– Also Raise taxes – Property Tax

– Southerners wanted to count for Reps. But not for Taxes

•3/5 compromise– Slave = 3/5 person– Compromise on Reps.

And Taxes

Compromise on Slavery

No Ban on Slavery Considered – Unity Needed more than Abolition•Agreed:

– Importation would continue for 20 more years – then no more

– Fugitive Slave Clause: A runaway slave to another state must be returned to its owner across state lines

Enlightenment ideals states that effective governments need Checks & Balances•Balance between President/ Congress•Balance between States/ Federal•Convention gave MOST Power to the Congress (fear of Monarchy)•President elected by the states – Electoral College– States should follow popular vote

Checks and Balances

Checks and Balances• Office of VP – 2nd

place vote recipient• Each Branch had the

ability to slow/stop another branch– Ensured no branch

would have too much power

– Ensured no branch could not dominate the others

Checks and Balances• Planning the Court

System–Wanted courts to

maintain independent status – Judges nominated

by President/ Approved by Congress– Judges could not be

fired without just cause

• Fear of Strong Central Government• Federalists: Supporters of Constitution with

strong central Gov.

• AntiFederalists: Opponents of the constitution in its present form and sought a weaker central Gov.

Federalists vs. AntiFederalists

The Federalists• Leaders: James Madison,

Alexander Hamilton, John Adams, Washington, Franklin

• Strong National Gov. = Republic Survives

• Fed. Gov. could end chaos between states

• Separation of Powers can prevent Tyranny

The AntifederalistsLeaders: Sam Adams, Patrick Henry, Thomas Jefferson•Wanted a new Gov. but not the one proposed•Suspicious of Strong central Gov. = just left a strong Gov.•Feared Fed. Gov. would abuse states/ Individuals– Demanded a Bill of

Rights for protection

Final Ratification?• Final draft was

submitted to the states for approval

• Some delegates refused to sign because it lacked 1 component – A Bill of Rights