Constitutional Convention

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Notes 5: Constitutional Convention

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Delegates appointed to the convention

74

Attended the meetings regularly

55

Signed the document

39

Refused to sign the document

3

Average age of those in attendance

42

Years: Age of the youngest delegate, Jonathan Dayton

27

Years: Age of the oldest delegate, Benjamin

Franklin

81

George Washington

James Madison

Alexander Hamilton

George Mason

Benjamin Franklin

Thomas Jefferson

John Adams

Patrick Henry

Charles Norris

When?

May 25—September 17, 1787

Where?

Independence Hall; Philadelphia, PA

Where?

Independence Hall; Philadelphia, PA

Why?

The Weaknesses of the Articles of Confederation

Why?

Major Points of Debate

• POWERS OF THE NATIONAL GOVERNMENT/STATE GOVERNMENTS

• LEGISLATIVE: Representation? Who elects?

• EXECUTIVE: Number? Term length? Who elects?

• JUDICIARY: How are courts created?

• SLAVERY: Existence and representation?

• A BILL OF RIGHTS?

Virginia Plan

Presented by Edmund Randolph May 29; conceived by James Madison, “the Father

of the Constitution”

Virginia Plan

LEGISLATIVE EXECUTIVE JUDICIAL

COUNCIL OF REVISION

Supreme Tribunals

Elected by the people

Proportional representation

based on population/tax

Elected by state

legislatures

Elects

Establishes

Inferior Courts

VETO

HO

US

E

SE

NA

TE

New Jersey Plan

Presented by William Paterson on June 13

New Jersey Plan

LEGISLATIVE EXECUTIVE JUDICIAL

Supreme Tribunals

Equal representation; vote as a state

Elected by state

legislatures

Elects Establishes

Inferior Courts

HO

US

E

• Revision of the Articles

• Empowers government to regulate commerce and collect revenue

Multiple people

Hamilton’s Plan

Britain?

The British government is the best in the world.

Dear George,

…People are now willing to accept something not very remote from that which they have lately quitted…

The Great Compromise (Connecticut Compromise)

Presented by Roger Sherman on July 5

Equal representation

The Great Compromise

LEGISLATIVE EXECUTIVE JUDICIAL

Supreme Court

Elected by the people

Proportional representation

based on population (65)

Elected by state

legislatures

Establishes

Inferior Courts

JUDICIAL REVIEW

HO

US

E

SE

NA

TE

Appoints

Elected by Electoral College

“A bundle of compromises”

• Representation in Congress

• Three-fifths compromise

• 4-year term for President

• Judicial appointment, Senate approval of justices

Ratification

Federalists vs. Anti-Federalists

• 9 out of 13 states needed to ratify

• Two groups emerge

• Federalists—for the ratification of the US Constitution; Anti-Federalists—opposed to its ratification

Arguments: The Anti-Federalists

Leading Anti-Federalists: Edmund Randolph, Patrick Henry, George Mason; leading state politicians

Why?

• States would lose sovereignty

• Too much Presidential power—monarchy, aristocracy

• Republic: untested; US is too big

• No Bill of Rights

Arguments: Federalist Defense

Leading Federalists: Alexander Hamilton, James Madison, John Jay…write The Federalist Papers under the name Publius

• A defense of the republican form of government over (direct) democracy

Victory in defeat for the Anti-Federalists

Bill of Rights—first order of business for the new government; passed in 1791