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Creating the ConstitutionCreating the Constitution
Political DictionaryPolitical Dictionary
• FramersFramers
• Virginia PlanVirginia Plan
• New Jersey PlanNew Jersey Plan
• Connecticut CompromiseConnecticut Compromise
• Three fifths CompromiseThree fifths Compromise
• Commerce and Slave Trade Commerce and Slave Trade CompromiseCompromise
The FramersThe Framers
• Framers are the Framers are the group of delegates group of delegates who attended the who attended the Constitutional Constitutional ConventionConvention
• 55 Delegates met55 Delegates met• ““Never before or since, Never before or since,
has so remarkable a has so remarkable a group of men been group of men been brought together in brought together in this country.” Thomas this country.” Thomas JeffersonJefferson
FramersFramers
• Many had fought in Many had fought in the Revolutionary the Revolutionary WarWar
• 39 members of 39 members of Continental CongressContinental Congress
• Eight had signed the Eight had signed the Declaration of Declaration of Independence.Independence.
• 31 had attended 31 had attended collegecollege
FramersFramers
• 2 would become 2 would become President and 1 President and 1 Vice-PresidentVice-President
• 17 would serve in 17 would serve in the Senatethe Senate
• 11 would serve in 11 would serve in the House of the House of RepresentativesRepresentatives
FramersFramers
• Average age was Average age was 4242
• Half were in there Half were in there 30’s30’s
• Ben Franklin oldest Ben Franklin oldest at 81at 81
• George George Washington was 55Washington was 55
Organization and ProcedureOrganization and Procedure
• Met in the same Met in the same room in which the room in which the Declaration of Declaration of Independence had Independence had been signed.been signed.
Organization and ProcedureOrganization and Procedure
• Rules of procedureRules of procedure– Majority of the Majority of the
states needed to states needed to conduct businessconduct business
– Each state Each state delegation had one delegation had one vote on all mattersvote on all matters
– majority of the majority of the votes would carry votes would carry the proposalthe proposal
Organization and ProcedureOrganization and Procedure
• Worked in secrecyWorked in secrecy
• James Madison James Madison became the floor became the floor leaderleader– Madison contributed Madison contributed
the mostthe most– Also kept records of Also kept records of
the meetingthe meeting– Called the “Father of Called the “Father of
the Constitution”the Constitution”
Organization and ProcedureOrganization and Procedure
• Framers met for 89 Framers met for 89 out of 116 daysout of 116 days
• Full body settled all Full body settled all questionsquestions
Organization and ProcedureOrganization and Procedure
• May 30 adopted May 30 adopted proposal:proposal:– Edmund Randolph Edmund Randolph
from Virginiafrom Virginia– Supreme Supreme
Legislative, Legislative, Executive and Executive and JudiciaryJudiciary
• New ConstitutionNew Constitution
Virginia PlanVirginia Plan
• Offered the first plan for new Offered the first plan for new Constitution.Constitution.
• Work of James Madison and Edmund Work of James Madison and Edmund Rudolph Rudolph – Called for a new governmentCalled for a new government– Three separate branchesThree separate branches– Legislature would be bicameralLegislature would be bicameral– Representation in each housed based onRepresentation in each housed based on
•States populationStates population•Amount of money it gave to central governmentAmount of money it gave to central government
Virginia PlanVirginia Plan
• Lower house were popularly elected.Lower house were popularly elected.
• Senate (upper house) were chosen by Senate (upper house) were chosen by the house from list of persons the house from list of persons nominated by state legislatures.nominated by state legislatures.
• Congress was given all powers under Congress was given all powers under Articles plus:Articles plus:– Veto state law in conflict with national lawVeto state law in conflict with national law– Use force to gain complianceUse force to gain compliance
Virginia PlanVirginia Plan
• Congress would choose a “National Congress would choose a “National Executive” and a “National Judiciary”Executive” and a “National Judiciary”
• These two branches called the “Council of These two branches called the “Council of Revision”Revision”
• Could veto congressCould veto congress
• Veto could be overridden by the two Veto could be overridden by the two houses.houses.
• Congress could admit new states to the Congress could admit new states to the unionunion
Virginia PlanVirginia Plan
• Create a new Constitution by revising Create a new Constitution by revising the Articlesthe Articles
• Create a truly national government Create a truly national government with greatly expanded powerswith greatly expanded powers
• Ability to enforce those powersAbility to enforce those powers
• Smaller states did not like itSmaller states did not like it
The New Jersey PlanThe New Jersey Plan
• James PattersonJames Patterson
• Retained unicameral Retained unicameral CongressCongress
• Each state equally Each state equally representedrepresented
• Added powers to tax Added powers to tax and regulate trade and regulate trade between states.between states.
• Federal executive of Federal executive of more than one person more than one person
New Jersey PlanNew Jersey Plan
• Chosen by CongressChosen by Congress
• Could be removed by a majority of Could be removed by a majority of the states governors.the states governors.
• Federal judiciary, ”supreme tribunal” Federal judiciary, ”supreme tribunal” appointed by the executiveappointed by the executive
Reaching a CompromiseReaching a Compromise
• Major disagreementMajor disagreement– How would states be represented?How would states be represented?– What would be the basis for population What would be the basis for population
or financial contribution.or financial contribution.– Based on States equality like the Articles Based on States equality like the Articles
or NJ planor NJ plan
Reaching a CompromiseReaching a Compromise
• Disagreement over representation Disagreement over representation was critical.was critical.
• Large states wanted to dominate the Large states wanted to dominate the new government.new government.
• Small states feared they would not Small states feared they would not be able to protect their interests.be able to protect their interests.
The Connecticut The Connecticut CompromiseCompromise• Roger ShermanRoger Sherman
• Settled the conflictSettled the conflict
• Congress composed Congress composed of two houses.of two houses.
• Senate states would be Senate states would be represented equally.represented equally.
• House based on House based on population.population.
• Was called the “Great Was called the “Great Compromise”Compromise”
The Three-Fifths The Three-Fifths CompromiseCompromise• How should slaves be counted in the How should slaves be counted in the
south?south?– South thought they should be countedSouth thought they should be counted– North thought they should not.North thought they should not.
• Free persons were counted and Free persons were counted and “Three fifths of all other persons”“Three fifths of all other persons”
• Money due to Congress based on Money due to Congress based on population.population.– South had to count slaves so they paid more. South had to count slaves so they paid more.
The Commerce and Slave The Commerce and Slave Trade CompromiseTrade Compromise• Congress could regulate foreign and Congress could regulate foreign and
interstate trade.interstate trade.– South afraid Congress would tax their exportsSouth afraid Congress would tax their exports
• Commerce and Slave Trade CompromiseCommerce and Slave Trade Compromise– Congress was forbidden to tax export Congress was forbidden to tax export
goods from any stategoods from any state– Forbidden to act on the slave trade for 20 Forbidden to act on the slave trade for 20
years.years.– Could not interfere with the migration or Could not interfere with the migration or
importation of such persons as any state importation of such persons as any state now existingnow existing
Bundle of CompromisesBundle of Compromises
• What the Constitution has been calledWhat the Constitution has been called– Selection of President Selection of President – Treaty makingTreaty making– Structure of national court systemStructure of national court system– Amendment processAmendment process
• Need for new National GovernmentNeed for new National Government– Popular sovereignty Popular sovereignty – Limited governmentLimited government– Separation of powersSeparation of powers– Checks and balancesChecks and balances
Sources of the ConstitutionSources of the Constitution
• Governments of ancient Greece and Governments of ancient Greece and Rome, Great Britain and Europe.Rome, Great Britain and Europe.
• Political writings of the timePolitical writings of the time– Blackstone, Rouesseau, John LockeBlackstone, Rouesseau, John Locke
• Second Continental CongressSecond Continental Congress
• Articles of ConfederationArticles of Confederation
• State governmentsState governments
Sources of the ConstitutionSources of the Constitution
Thomas Hobbes (1588-Thomas Hobbes (1588-1679)1679)• Developed the idea of Developed the idea of
a Social Contracta Social Contract
• Thought people to Thought people to selfish to govern selfish to govern themselvesthemselves
• Needed protection of a Needed protection of a strong rulerstrong ruler
• ““All mankind has a All mankind has a perpetual and restless perpetual and restless desire for power…that desire for power…that ceases only in deathceases only in death
John Locke (1632-1704)John Locke (1632-1704)
• Locke believed people Locke believed people formed governments formed governments to protect their rights , to protect their rights , not to save them from not to save them from themselvesthemselves
• ““The purpose of law is The purpose of law is not to abolish or not to abolish or restrain,” he wrote, restrain,” he wrote, “but to preserve and “but to preserve and enlarge freedom.”enlarge freedom.”
Baron de MontesquieuBaron de Montesquieu(1689-1755)(1689-1755)• Believed democracy Believed democracy
was the best form of was the best form of governmentgovernment
• Power must be divided Power must be divided among different groupsamong different groups
• ““When the lawmaking When the lawmaking and law enforcement and law enforcement are united in the same are united in the same person,” he wrote, person,” he wrote, “there can be no liberty“there can be no liberty
Jean-Jacques RousseauJean-Jacques Rousseau(1712-1778)(1712-1778)• Believed that people Believed that people
were naturally goodwere naturally good
• Corrupted by societyCorrupted by society
• ““Man is born free but Man is born free but everywhere in chains”everywhere in chains”
• Government had a Government had a duty to secure duty to secure freedom for the peoplefreedom for the people
Jean-Jacques RousseauJean-Jacques Rousseau
• If the government If the government did not, they do did not, they do not have the right not have the right to existto exist
• ““Force do not Force do not create right ,” he create right ,” he wrote, “Obedience wrote, “Obedience is due only to is due only to legitimate powers.”legitimate powers.”
