THE CONSTITUTIONAL CONVENTION & THE CONSTITUTION
Lane 2002-03
I. GETTING THERE
1. very hot, humid, and uncomfortable
II. SETTING THE RULES
if public debate began over the issues, the delegates would have a harder time compromising on
issues and possibly backing down.
III. FACTIONS AMONG THE DELEGATES
1. He was quoted as saying, "I have no scruple in declaring…that the British government is the
best in the world and that I doubt much whether anything short of it will do in America."
IV. PRINCIPLES
1. it provides the framework for American government
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1. popular sovereignty (control by the people)
2. A republican form of government in which the people choose their reps.
3. limited government with written constraints on the power of govt.
4. separation of powers – divides power among 3 branches to limit the influence of each.
a. in our model, the branches share key parts of the others’ powers.
b. each branch can then limit the power of the others. This is called checks and balances
1. Example: making a law
a. Congress passes the law
b. The President can veto the law
c. Congress can then override the veto with a 2/3 vote
d. Supreme Court can rule laws and executive actions unconstitutional
5. Federalism – power is shared between the national government and the state governments.
a. some powers are exclusive (only belong to 1 level of government)
1. Delegated/Enumerated = granted specifically to the national government (coin money)
2. Reserved = granted specifically to the states; any power not given to national govt.
(education)
3. Concurrent Powers = shared between both national and state (power to tax)
4. Implied Powers – not directly mentioned in the Constitution
necessary and proper in order to carry out its constitutional job/duties
V. STRUCTURE OF THE CONSTITUTION
VI. SEARCHING FOR COMPROMISE
1. Virginia Plan
1. House of Representatives (lower house): number based on population and chosen by
the people
2. Senate (upper house): number based on population too; appointed by the House of
Reps.
b. The executive (unspecified) and judicial branches would be chosen by Congress
c. Congress could void (cancel) state laws
d. This plan obviously favored the larger states
2. New Jersey Plan
a. worried about influence of larger states
b. wanted only to amend the Articles of Confederation, but keep the 1 state = 1 vote rule
c. unicameral legislature (1 house): each state gets an equal number or reps
d. Congress could tax and regulate trade
e. Congress would choose the executive office
f. Executive office would choose the Supreme Court
g. Congress chosen by the state legislatures
3. Great Compromise
a. 5 states voted for it; 4 opposed; 2 did not vote; and 2 were not present
b. bicameral legislature
1. House of Representatives: number based on population; chosen by people (VA Plan)
2. Senate: 2 members from each state; elected by the state legislatures (NJ Plan)
3. laws must pass both houses = checks & balances on the power of the masses (people)
B. The Slavery Issue
1. Counting the Population
a. the North wanted to only count free persons in the census, which would determine
representation in the House of Reps.
b. the South wanted to count its slaves in the census to increase its power in the House of Reps.
c. 3/5 Compromise
1. each slave would count as 3/5 of a person – so Southern population would be counted as
(# of free persons) + 3/5 of the slaves; it took 5 slaves to make 3 persons for the census
2. Controlling Trade & Slave Trading
a. the problem = the Northern states wanted the national govt. to control trade, but the South
worried that it would pass laws unfavorable to its interests.
b. the South feared that Congress would tax exports – items sent to other countries.
c. the South also feared that Congress would ban the slave trade
d. Slave Trade Compromise
1. Congress can regulate trade, but exports will not be taxed
2. The slave trade will be protected for 20 years (until 1808).
3. Fugitive slaves will be returned to their owners