Drafting the Constitution

Ch. 5Section 2

Focus Question?

What new system of national government did the delegates agree upon at the Constitutional Convention of 1787?

The Constitutional Convention

By 1787 most citizens agreed that the Articles were flawed and needed at least two major changes:

1. The power to regulate interstate

and international commerce.2. The power to tax

To amend the Articles, 12 of the 13 states send delegates to Philadelphia in May of 1787.

53 of the nation’s top leaders convenedat the Pennsylvania State House.

• Most helped to write their state constitutions.

• Most were rich.

• All were white males.

• 21 fought in the Revolution.

• 8 were signers of theDeclaration of Independence.

• Missing: Thomas Jefferson and John Adams. They were serving as diplomats in Europe.

• George Washington was chosen as president of the Convention.

James Madison

Roger Sherman

George Mason

Elbridge Gerry

William Paterson

James Wilson

John Dickinson

Charles Pinckney

Benjamin Franklin

Alexander Hamilton

Edmund Randolph

Gouverneur Morris

Leaders present:

Who Came?

• Conservative; he feared too much democracy

• Favored a balance of aristocracy, monarchy, and republicanism

Alexander Hamilton James Madison

• Favored a large republic with diverse interests to preserve the common good

• Favored a system where different interests would “check” each other’s power to ensure liberty

Framers of the Constitution The convention’s leading thinkers

were Alexander Hamilton & James Madison.

Hamilton v. Madison

Hamilton argued that a strong central government would help strengthen the republic and correct earlier struggles.

An eager Madison concluded that only a strong nation could rescue their states.

Despite being critical of democracy, Madison preferred republicanism rather than a constitution modeled of the British.

Madison look to construct a government that was both strong & republican.

Rival Plans of Government:The Virginia Plan-

Proposed by Madison & preferred by the majority.

It proposed a 3 branch government: Legislature, Executive, Judicial.

Created a bi-cameral house in the Legislature. Called the House of Representatives & the Senate.

In both houses, each state would be proportionately represented. (ex. Larger states get more reps.)

The Virginia Plan

A strong federal government with power to tax, regulate commerce, and veto state laws.

The Va. Plan also called for a strong President. Would have 1 term for 7 years.

The President would control the military & manage foreign relations.

Could appoint Judicial and Executive positions.

Critics like Patrick Henry worried a President could become a “king”.

Rival Plans of Government:The New Jersey Plan

Some delegates preferred only minor changes to the Articles.

Favored by small states, William Paterson proposed the NJ Plan.

The New Jersey Plan

The NJ Plan gave congress the powers to regulate commerce & tax.

An executive by committee rather than one leader

A unicameral legislature with one vote per state regardless of population

States retain sovereignty except for a few powers granted to the federal government

Settling the Differences Through Compromise.

Roger Sherman of Connecticut led the delegates to a compromise called the Great Compromise.

Two Houses in Congress: The House of Representatives was based on a state’s population. In the Senate, each state had two representatives.

Compromise Creates Unity

A system of federalism: Power would be divided between the federal government and the states. Certain powers, such as issuing money, were forbidden to states.

Slavery Becomes an Issue

Southern states feared larger free states would dominate Congress and threaten slavery.

They saw slavery as essential for their economy and demanded protections in the Constitution.

Delegates from Georgia and South Carolina threatened to walk out.

Three-Fifths Compromise

A slave counted as three-fifths of a person in determining representation in Congress and electoral votes for presidential elections.

Importation of slaves could not be forbidden for twenty years.

Northern states could not pass laws to help runaway slaves.

The Convention Concludes

On Sept. 17, the Constitutional Convention concluded with 42 delegates remaining.

Alexander Hamilton accepted the Constitution as the only alternative to “anarchy and convulsion.”

39 delegates signed the Constitution, while 3 refused out of protest.

The next challenge was having the states ratify this revolutionary document.