Creating the ConstitutionCreating the Constitution

The FramersThe Framers

• In total 74 delegates were chosen by legislatures In total 74 delegates were chosen by legislatures from 12 different states to attend the conventionfrom 12 different states to attend the convention

• Rhode Island was the only state not to send Rhode Island was the only state not to send representatives to Philadelphia. representatives to Philadelphia.

• This was an exceptional group of people.This was an exceptional group of people.• 34 attended college when colleges were few, two 34 attended college when colleges were few, two

became President, one Vice President, many had became President, one Vice President, many had fought in the revolution, 46 were members of fought in the revolution, 46 were members of congress, 7 were state governors.congress, 7 were state governors.

• Thomas Jefferson called them an assembly of Thomas Jefferson called them an assembly of demigods.demigods.

Organization and ProcedureOrganization and Procedure

• The framers met in the state house in The framers met in the state house in Philadelphia. (Now independence Hall)Philadelphia. (Now independence Hall)

• Probably in the same room many had signed Probably in the same room many had signed the Declaration of Independence.the Declaration of Independence.

• They organized immediately and They organized immediately and unanimously nominated George Washington unanimously nominated George Washington as president of the convention.as president of the convention.

• A majority of states needed to be present to A majority of states needed to be present to conduct business.conduct business.

• Each state had a single voteEach state had a single vote• A majority vote would carry any proposal.A majority vote would carry any proposal.

Reforming the GovernmentReforming the Government

• Congress had called the meeting only to revise Congress had called the meeting only to revise the Articles of Confederation.the Articles of Confederation.

• However almost immediately they decided that However almost immediately they decided that a new form of government for the United States a new form of government for the United States was needed.was needed.

• The resolution read: “Resolved… that a national The resolution read: “Resolved… that a national Government ought to be established consisting Government ought to be established consisting of a supreme Legislative, Executive and of a supreme Legislative, Executive and Judiciary.” -Edmund Randolph, Delegate from Judiciary.” -Edmund Randolph, Delegate from Virginia.Virginia.

• With adopting this proposal the delegates With adopting this proposal the delegates affirmed that the Articles needed to be replaced.affirmed that the Articles needed to be replaced.

ProposalsProposals

• Once the Articles were voted to be Once the Articles were voted to be replaced two major plans were put replaced two major plans were put forward.forward.

• The Virginia PlanThe Virginia Plan

• New Jersey PlanNew Jersey Plan

Virginia PlanVirginia Plan

• This plan set up for several things we have todayThis plan set up for several things we have today• The Government would have 3 branches: Executive, Legislative, and The Government would have 3 branches: Executive, Legislative, and

JudicialJudicial• Legislature: Bicameral (2 Houses) with the Senate and House of Legislature: Bicameral (2 Houses) with the Senate and House of

Representatives. Representatives to each house would be based on state Representatives. Representatives to each house would be based on state population or how much money they gave to the central government.population or how much money they gave to the central government.– Members to the lower House of Representatives would be based on Members to the lower House of Representatives would be based on

popular vote in the states and the Senate would be elected from a list popular vote in the states and the Senate would be elected from a list of candidates given to the house by state legislatures.of candidates given to the house by state legislatures.

– Congress would retain all powers it had under the Articles as well as Congress would retain all powers it had under the Articles as well as have the power to veto any state law that conflicted with national law, have the power to veto any state law that conflicted with national law, legislate in all cases where the states were incompetent to act, to use legislate in all cases where the states were incompetent to act, to use force to make states obey national laws, and to create national law.force to make states obey national laws, and to create national law.

– Under this plan congress would elect a National Executive and a Under this plan congress would elect a National Executive and a National Judiciary each with the power to veto laws passed by National Judiciary each with the power to veto laws passed by congress but congress could override the veto.congress but congress could override the veto.

• The Executive and Judical branches would be a “council of revisions.” The Executive and Judical branches would be a “council of revisions.” • The executive would have the ability to execute national laws.The executive would have the ability to execute national laws.

Virginia Plan problemsVirginia Plan problems

• What would be some issues encountered What would be some issues encountered if representatives were by population?if representatives were by population?

• Small states including Delaware and Small states including Delaware and New Jersey were concerned because of New Jersey were concerned because of their smaller populations.their smaller populations.

• They feared the larger states would run They feared the larger states would run the country.the country.

• So New Jersey presented the counter for So New Jersey presented the counter for the smaller states.the smaller states.

New Jersey PlanNew Jersey Plan

• The Virginia Plan would completely rewrite the Articles.The Virginia Plan would completely rewrite the Articles.• The New Jersey Plan called for smaller changes.The New Jersey Plan called for smaller changes.

– The one house congress under the Articles would be kept.The one house congress under the Articles would be kept.– Congress would retain all it’s powers from the articles plus a Congress would retain all it’s powers from the articles plus a

limited power to tax and regulate trade.limited power to tax and regulate trade.– Congress would elect a plural executive (more than one person) Congress would elect a plural executive (more than one person)

and the Judiciary branch would consist of one “Supreme and the Judiciary branch would consist of one “Supreme Tribunal” appointed by the executives. Tribunal” appointed by the executives.

• The big issue between the two plans were how the The big issue between the two plans were how the states would be represented.states would be represented.

• Would it be by population or financial contributions Would it be by population or financial contributions (Virginia Plan) or would it be based on state equality (Virginia Plan) or would it be based on state equality (New Jersey Plan)(New Jersey Plan)

• The lines were sharply drawn and for weeks delegates The lines were sharply drawn and for weeks delegates debated this issue.debated this issue.

Connecticut CompromiseConnecticut Compromise

• The delegation from Connecticut The delegation from Connecticut proposed this compromise.proposed this compromise.

• Here the Senate would be elected Here the Senate would be elected equally for each state (2 senators from equally for each state (2 senators from each) and the House would be based on each) and the House would be based on population.population.

• This would resolve the most serious issue This would resolve the most serious issue of the convention and satisfy the smaller of the convention and satisfy the smaller states.states.

The three-fifths compromiseThe three-fifths compromise

• Once it was decided that the house would be elected Once it was decided that the house would be elected based on population southern states wanted to count based on population southern states wanted to count slaves.slaves.

• Now all could see the contradictions between slavery Now all could see the contradictions between slavery and the Declaration of Independence but slavery was and the Declaration of Independence but slavery was still legal in every state but Massachusetts. still legal in every state but Massachusetts.

• Debate was fierce.Debate was fierce.• Finally it was decided that all free persons would be Finally it was decided that all free persons would be

counted and then three-fifths of all other persons.counted and then three-fifths of all other persons.• The south won here but the north made it come at a The south won here but the north made it come at a

price.price.– Taxes levied by congress would also use the same formula.Taxes levied by congress would also use the same formula.– This compromise would disappear from the constitution once This compromise would disappear from the constitution once

slavery was abolished.slavery was abolished.

The Commerce and Slave The Commerce and Slave Trade CompromiseTrade Compromise• The framers agreed that Congress should have the The framers agreed that Congress should have the

power to regulate foreign and interstate trade.power to regulate foreign and interstate trade.• However the south had issues again.However the south had issues again.• They feared that Congress, likely to be controlled They feared that Congress, likely to be controlled

by the larger cities of the north, would act against by the larger cities of the north, would act against the interests of the agricultural south.the interests of the agricultural south.

• They also feared that the new government would They also feared that the new government would be paid for out of export duties (Taxes on exports).be paid for out of export duties (Taxes on exports).– And tobacco was a huge export in the south.And tobacco was a huge export in the south.

• They also feared congress would interfere with the They also feared congress would interfere with the slave trade.slave trade.

Commerce and slave trade Commerce and slave trade cont.cont.

• So the Commerce and Slave Trade So the Commerce and Slave Trade Compromise was reached.Compromise was reached.

• Under this compromise Congress was Under this compromise Congress was forbidden the power to tax exports of forbidden the power to tax exports of goods from any state.goods from any state.

• It was also forbidden the power to It was also forbidden the power to act on the slave trade for a period of act on the slave trade for a period of at least 20 years.at least 20 years.

A Bundle of CompromisesA Bundle of Compromises

• Benjamin Franklin said most of the time at the Benjamin Franklin said most of the time at the convention was spent “sawing the boards to make convention was spent “sawing the boards to make them fit”them fit”

• And there were many compromises.And there were many compromises.• Final decisions on issues like the selection of the Final decisions on issues like the selection of the

President, the treaty-making process, the structure of President, the treaty-making process, the structure of national court system, and the amendment process national court system, and the amendment process were all reached as a result of compromises.were all reached as a result of compromises.

• But not all, or even most, of what happened at the But not all, or even most, of what happened at the convention came from compromise.convention came from compromise.

• Everyone understood that a new government was Everyone understood that a new government was needed to support the social and economic issues of needed to support the social and economic issues of the country.the country.

Finally finishedFinally finished

• The convention went the entire summer of 1787.The convention went the entire summer of 1787.• Finally on September 17Finally on September 17thth the convention finished their the convention finished their

draft and 39 names were placed on the finished document.draft and 39 names were placed on the finished document.• Not all delegates may have agreed with the finished work.Not all delegates may have agreed with the finished work.• To that Ben Franklin said this: “Sir, I agree with the To that Ben Franklin said this: “Sir, I agree with the

Constitution with all its faults, if they are such; because I Constitution with all its faults, if they are such; because I think a general government necessary for us…I doubt…. think a general government necessary for us…I doubt…. whether any other Convention we can obtain, may be able whether any other Convention we can obtain, may be able to make a better Constitution. For when you assemble a to make a better Constitution. For when you assemble a number of men to have the advantage of their joint number of men to have the advantage of their joint wisdom, you inevitably assemble with those men, all their wisdom, you inevitably assemble with those men, all their prejudices, their passions, their errors or opinion, their local prejudices, their passions, their errors or opinion, their local interests and their selfish views. From such as assemble interests and their selfish views. From such as assemble can a perfect production be expected? It therefore can a perfect production be expected? It therefore astonishes me, Sir, to find this system approaching so near astonishes me, Sir, to find this system approaching so near to perfection as it does….”to perfection as it does….”