THE CONSTITUTIONAL CONVENTION & THE CONSTITUTION

Lane 2002-03

I. GETTING THERE

  1. first meeting was held in Pennsylvania State House
  2. Officially began on May 25, 1787

1. very hot, humid, and uncomfortable

II. SETTING THE RULES

  1. because of security concerns, the notes were not removed from the meeting room; delegates feared the press would interfere and influence the outcome.
  2. if public debate began over the issues, the delegates would have a harder time compromising on

    issues and possibly backing down.

  3. the express purpose of the meeting was to change the Articles of Confederation, not create a new government
  4. each state was given 1 vote
  5. James Madison wanted a new government plan with separation of powers and checks and balances (our system is referred to as the Madisonian Model)
  6. George Washington was elected president of the Convention because he added integrity and respectability

III. FACTIONS AMONG THE DELEGATES

  1. a majority of the delegates were nationalists (favored a strong national government)
  2. some nationalists distrusted the ability of the common people to participate in self-government
  3. Alexander Hamilton was a monarchist –
  4. 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."

  5. Other nationalists wanted a strong central government based on democratic support

IV. PRINCIPLES

  1. The Constitution is the supreme law of the land
  2. 1. it provides the framework for American government

  3. The Constitution begins with the Preamble (introduction)
  4. The Preamble states the goals of the Constitution
  5. There are 6 goals listed in the Preamble (use p.64 in your text to fill in the goals):
  6. 1.

    2.

    3.

    4.

    5.

    6.

  7. The Constitution was based on the following principles:
  8. 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

        1. the "Necessary & Proper Clause" states that Congress can make any laws it deems

necessary and proper in order to carry out its constitutional job/duties

V. STRUCTURE OF THE CONSTITUTION

  1. Following the Preamble, the Constitution is divided into 7 Articles (parts). Each part deals with a specific topic:
    1. Article I: Legislative Branch
    2. Article II: Executive Branch
    3. Article III: Judicial Branch
    4. Article IV: Relations Among the States
    5. Article V: Amending the Constitution
    6. Article VI: National Supremacy
    7. Article VII: Ratification (approval)

 

VI. SEARCHING FOR COMPROMISE

  1. Structure of the National Government

1. Virginia Plan

    1. bicameral legislature (2 houses)

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

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