Download Drafting a Constitution

Drafting a
Constitution
Influences

Thomas Hobbes
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Origin of centralized government
‘Social contract’– citizens give up certain rights in
order to receive protection from the government.
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“consent of the governed”
John Locke
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Shared Hobbes’ view of protection by gov’t
All citizens possess certain “natural rights”
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Life, liberty and property
Influences
 Baron
de Montesquieu
Origin of three branches of
government– each would have a
different function
 Improve efficiency in the government
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Constitutional Convention
 Philadelphia,

PA – May 1787
12 states; 55 men-- only RI was absent
 Top
secret proceedings
 Intended to REVISE the Articles
 Key figures – Franklin,
Washington, Hamilton

Not attending: Jefferson, Henry
Convention Demographics
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Wealthy
2/3 lawyers
50%+ had been officers in the Continental
Army
7 former state governors
Average age 42
Issues
 Fair
representation of large
and small states
 Role of slaves and slave
trade
 Increase national gov. while
maintaining states’ rights
Virginia Plan
2-house
legislature
(bicameral) based upon
state population
This gave the 4 biggest
states the most power
NJ Plan
 Single
house of Congress
(unicameral) with each state
having equal # of votes
 This gives power to the 7
smallest states who only
made up 25% of the pop.
Great Compromise/Conn.
Plan
 Bicameral
(2 house) legislature
 Senate – each state would
have equal representation
 House of Reps –
representation based upon
population
What is Population?
 Slaves
become an issue
 Should
 3/5ths
they be counted?
Compromise
 3/5
of the slave populations
would be counted
 Slave
trade would end in 1807
Electoral College
 Writers
believed the general
public was not educated
enough to make the decision
 Electors equaling the number of
senators and reps. would vote
for the president
Electoral College
 Another
compromise: more
electors from larger states;
BUT, in case of a tie, vote goes
to HoR, where each state gets 1
vote (benefits smaller states)
The New Government
 Power
was divided between
federal & state governments
 Federal would always
supercede state power
Federal Affairs
 The
federal government
could regulate:
Defense
Foreign affairs
Federal Taxes
Trade
Money
State Affairs
The
state governments
could regulate:
Education
Intrastate
trade
State taxes
Ratifying the Constitution
9
of thirteen states need
to start following; all to
ratify
 Constitution was
officially ratified on May
29, 1790 (RI was last)
Federalists
 Favor
a strong national government.
 Argue checks and balances prevent
one branch from too much power
 Bill of Rights not needed:
Const. protected rights (people govern
themselves)
 Most states already had basic bill of
rights

Anti-Federalists
 Anti-Federalists
were concerned
about the amount of power in
national gov. and lack of rights of
citizens
 Feared the new gov. would only
benefit the wealthy
 Want Bill of Rights
Important Figures
 Anti-Federalists:
Patrick
Henry, Sam Adams, James
Monroe, Richard Henry Lee
 Federalists: Alexander
Hamilton, Ben Franklin, John
Adams, George Washington
Bill of Rights
Madison studies 80 proposed
amendments
 12 submitted, 10 ratified
 First Ten Amendments to the Constitution
 Took effect in 1791
 Protect certain basic rights of all citizens
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