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The Constitutional Convention The Real Revolution • More than a war for independence…”radical change in the principles, opinions, and sentiments, and affections of the people” • Legitimate government= consent and written constitution • 1776- eight states adopted written constitutions (Connecticut and Rhode Island relied on previous charters) • Most state’s constitutions had a bill of rights and most placed the highest political power in the hands of representatives (legislatures) • The eleven years between the Declaration and the signing of the Constitution were years of turmoil, uncertainty, and fear: – Waged war without strong national government – Ran low on money and supplies – Many parts of the nation were in shambles – British still powerful in North America – Spain claimed the Mississippi , Florida and California – Soldiers returned to the farms to discover themselves in debt with no money and heavy taxes – Paper money printed to fight the war was worthless State Constitutions What basic ideas about government were contained in the new state constitutions? • Higher law and natural rights • Social contract • Popular sovereignty • Representation and the right to vote • Legislative supremacy • Rule of Law • Republicanism • Checks and balances The Articles of Confederation The first constitution of the United States, created to form a perpetual union and a firm league of friendship among the thirteen original states. It was adopted by the Second Continental Congress on November 15, 1777, and sent to the states for ratification. Achievements – Victory in the American Revolution – Recognition by European governments – Congress created executive departments to administer finance, foreign relations, and military affairs – Congress established the first “federal” courts (they had no true power to settle disputes between or among states and their citizens) – Northwest Ordinance of 1787 Weaknesses – Congress had no power to tax – Congress could make treaties with foreign nations, but in had no power to force states to honor agreements – Congress had no power to make laws regulating trade among the states – Congress had no power to make laws directly regulating the behavior of citizens – Unanimous approval of the states was required to amend – Unicameral Congress meant no of separation of powers – Major laws required approval by 9 of the 13 states – No common currency (Congress could coin money but states could use their own) – Gave states unprecedented power (foreign affairs) – One vote per state regardless of size – Delegates to Congress were chosen by state legislatures – Army dependent on support from independent militias Shays’ Rebellion •Armed revolt in 1786 by Massachusetts farmers seeking relief from debt and mortgage foreclosures •Rebellion fueled support for amending the Articles of Confederation The Philadelphia Convention • Many leaders of the Revolution believed a stronger national government was needed as a result of the disruption of trade, quarreling states, fear of foreign intervention… • 2 meetings failed • Philadelphia Convention - May 1787 called to consider ways to remedy the Articles of Confederation (revise, not re-create) • 55 delegates appointed by state legislatures • Youngest- Hamilton…Oldest- Franklin • Most were young, but experienced: – Governors, congressmen, revolution soldiers, lawyers • The framers were called “an assembly of demi-gods” – – – – George Washington (President of Convention) Benjamin Franklin Alexander Hamilton James Madison (Father of Constitution) The Framers…Noticeably Absent • • • • Thomas Jefferson (US Minister to France) John Adams (US Ambassador to Great Britain) Patrick Henry…“I smell a rat” John Hancock, Samuel Adams, Richard Henry Lee were not chosen or were skeptical of the proceedings • Rhode Island The Virginia Plan • Many delegates came to the Philadelphia Convention convinced that the Articles of Confederation should be replaced, not amended… • James Madison’s plan for a new national government – – – – – Strong national government Power to make and enforce laws Collect taxes Federalism (with central government superior) Both federal and state governments would gain authority from governed – 3 branches of government (Legislative, Executive, Judicial) – Legislative supremacy (power to select those who served in executive and judicial branches) – Bicameral Congress (House of Representatives and Senate) – House chosen by popular vote…Senate chosen by members of House from list compiled by state legislatures • Number of representatives from each state in the House and Senate based on population • Congress would have the power to make laws states could not (regulating trade, etc) • Congress could veto laws in violation of the Constitution or national interest • Congress would have the power to call militia The Virginia Plan…the Controversy • The issue of proportional representation brought the Convention to a boiling point • Many argued that the government derived from and represented the states, not the people as a whole • Mainly, small states feared domination from larger states The Alternative…The New Jersey Plan • Kept the framework of the Articles of Confederation and the intent of the Philadelphia Convention • Unicameral Congress with increased powers including: – – – – Power to levy import duties Levy stamp tax Power to collect $ from the states Power to regulate trade among states and with foreign nations • Executive Branch made up of several persons appointed by Congress had the power to: – Administer national laws – Appoint other executive officials – Direct military operations • A supreme court , appointed by the officials of the Executive Branch, would have the power to: – Decide cases involving treaties – Decide on issues of trade among the states or with other nations – Decisions on the collection of taxes The Bundle of Compromises • New Jersey Plan only supported by three states • So, the Virginia Plan was the basis but the ideas of the New Jersey Plan were considered • The greatest impasse of the Convention remained with the issue of representation… • The Great Compromise (Connecticut Compromise) – House of Representatives - elected by the people of each state on the basis of proportional representation – Senate - equal representation (2 per state) in the Senate chosen by state legislature – HOR has the power to develop all bills for taxation and spending – Great Compromise passed by one vote • The Three-Fifths Compromise – The greatest controversy centered on whether slaves should be counted when apportioning representatives to states – One of the first significant North vs. South issues – According to the compromise: • Census taken every ten years to determine apportionment and amount of direct taxes owed by states to national government • State’s population = free population + 3/5 of “all other persons” • The Commerce and Slave Trade Compromise – Another North vs. South Issue – Concern regarding the economic development of the commercialized NE and the slave-holding South – According to the Compromise: • The slave trade would not be abolished for a period of twenty years (1808), but slavery could remain • There would be no excise (tax) on exports