Chapter 5- Creating the Constitution

The Constitutional Convention•Took place in the Pennsylvania State House

•Friday, May 25, 1787, the convention began with a unanimous selection of George Washington as presiding officer

•Doors and windows were to be kept shut

•Conversations should only take place inside the State House and no one should remove their notes

Rules at the Convention

•Each state had one vote, regardless of its number of delegates

•The delegates met six days a week from 10:00 a.m. until 4:00 p.m.

•Average of 40 delegates attended each day

Madison’s Plan• The delegates voted not to revise the Articles

▫Too weak and needed a new plan• James Madison’s (from Virginia) Plan

▫Strong national government with legislative, executive, and judicial branches

▫Legislative Branch- 2 branches House of Representative- people would

directly elect members Senate- members of the House would

choose the senators The number of seats in the House and

Senate would be based on each state’s population

Sharing Power

•Many delegates feared that a strong national government might abuse its power

•After arguing out the details, the delegates decided which powers would be given to the national government, the states, and shared

•One issues would have the power to either protect or abolish was the slave trade▫It couldn’t interfere with the slave

trade until 1808

Reaching Compromise

Virginia Plan

Two-house legislature; representation based on each state’s population

Compromise Two-house

legislature; House of Representatives elected on basis of state population; two Senators for

each state, regardless of population

New Jersey Plan One-

house legislature; representation equal for

all states

The Great Compromise

•Proposed by Roger Sherman of Connecticut

•Like the Virginia Plan, it called for a bicameral, or two-house, legislature▫The House of Representatives would be

elected on the basis of population▫The Senate would have equal

representation, regardless of its population•Power in the House- Larger states•Power in the Senate- Equal to both

The 3/5 Compromise

•Although slaves were treated as property, the southern states wanted to count each slave as a person

•Why?•The northern states objected •Why?•3/5 Compromise: counted each slave as three fifths of a person when a state’s population was calculated

Voting and Elections

•The delegates decided that all eligible citizens– white men with property– would elect member of the House

•State legislature would select senators, and they would determine how the electors would be chosen

•A group of electors known as the Electoral College would select the President

The Signing

•The convention drew to a close, with 39 delegates signing the Constitution on September 17, 1787

•The delegates of the Constitutional Convention are often called “the Framers”

Federalists vs. Anti Federalists•Federalists: supporters of the Constitution and a strong federal, or national government

•Anti Federalists: feared a strong central government would endanger people’s liberties; wanted a bill of rights

“Necessary and Proper”

•This statement giving Congress power to make laws “necessary and proper” to carry out its stated powers

•Anti-Federalists argued it left the door open to an abuse of power

The Federalist Papers

•James Madison, Alexander Hamilton, and John Jay wrote this collection of essays

•85 essays outlining the need for a new government and the way the new government should take

•Published in 1787 and 1788

Ratified?•Ratified: approved •For the Constitution to go into effect it had to be ratified by at least nine state conventions

•After the Federalists agreed to add a bill of rights many more states approved and the Constitution was ratified

•June 1788- the Constitution was ratified when New Hampshire became the 9th state

The Goals of our Government1. To Form a More Perfect Union2. To Establish Justice3. To Insure Domestic Tranquility4. To Provide for the Common

Defense5. To Promote the General Welfare6. To Secure the Blessing of Liberty

to Ourselves and Our Posterity

The Articles•Article 1: The Legislative Branch•Article 2: The Executive Branch•Article 3: The Judicial Branch•Article 4: The States•Article 5: Amending the Constitution

•Article 6: The Supremacy of the Constitution

•Article 7: Ratification•Amendments to the Constitution

Federalism

•Federalism: the division of power between the states and the federal or national government

•Concurrent Powers: powers shared by the federal and state governments

•Reserved Powers: powers that the Constitution neither giver to Congress nor denies to the states

Checks and Balances

•Diving power among the executive, legislative, and judicial branches

•Checks and Balances: gives each branch of government ways to limit the powers of the other two

•Impeach: accuse the President or other high officials of serious wrongdoing▫If found guilty in a trial in the Senate, the

official will be removed