The Constitutional Convention 宪法公约
The Constitutional Convention
Convention
1. Held in a hot steamy Philadelphia
2. Took four month to generate the document governed the U.S. for over 200 years
3. Convention was called for during an unsuccessful meeting to change the government in
Annapolis Maryland 1786
4. Delegates invited from all states
5. After Annapolis various disputes and events caused fears that government might fail
6. Fifty- five Delegates
7. All states except Rhode Island
8. Make up of convention, ? over age of 42, a few were rich, most were comfortable, many
educated
Father of the constitution
1. James Madison: attended every meeting, took members notes, became our source of
what occurred
2. Became known as the “Father of the Constitution”
3. Background studies history, government and law
4. Wanted a new government and spent time preparing to do it
5. Reserved man but became an early leader in independence movement
6. Served in Constitution Congress 1780
7. Helped draft Articles of Confederation
8. After Constitution served in House of Representatives
9. Became President 1808 served until 1817
First Decision
1.First elected GW as its President
Divisions
1. Major Division
2. Some wanted to amend or revise. The Articles of Confederation
3. Some want to abandon them
4. Most agree on need for a stronger. national Government
5. Some felt needed to start from scratch
6. This convention only empowered to amend Articles
7. To replace would means overstep authority and it did
The Virginia Plan
1. Meeting dominated by Virginia brought plan with them, the Virginia Plan
2. Submit by Edmund Randolph Va.
3. Called for creation of bicameral- two house legislature
4. Representation based on population ,large states more votes
5. This plan benefited larger states
6. Va. Plan addressed Articles
a. New legislature added powers, right to tax and regulated foreign and interstate
commerce
b. Legislature power to veto or prohibit from becoming a law, any act of the state
legislature, if states defies national authority, National government had right to
use force, fear National government greater than states
c. Added to legislature was an Executive and Judicial branch
7. Small state opposed Va. Plan
8. Feared little power in the new government
9. William Paterson NJ proposed new plan
the New Jersey plan
1. Congress power to tax and regulate foreign and interstate commerce
2. Create executive and judicial branches
3. Every state equal vote in unicameral congress, small same power as large
4. This plan was like articles, keep state more powerful than national government
5. Small not overpowered by large
6. Central difference was representation in legislature
7. Congress voted on issue on July 2, vote was split
8. The connecticut compromise
9. Submitted by Roger Sherman
10. small states opposed
The Great Compromise
1. Solution to representation
2. Created legislature, two houses as in the Va. Plan
3. On house the senate, each state regardless of size same number of
representatives,now two per state, this please small states
4. The House of Representatives,number of seats based on population winning support of
large state
5. Approved on July 16th 1787
The Three fifths Compromise
1. How do we cont enslaved people
2. South wanted a one for one
3. Many of founders hand but yet know it was immoral and did mouthing about it
4. Counting slaves changed complexion of representation giving southern states great
power in House of Representatives,if not counted southern states would be weak in
South
5. Compromise known as Three fifths Compromise, ?’s of states slave population would be
counted to determine representation
6. Did not provide rights to enslaved like voting or that they would be represented, they
were excluded from government participation
7. Madison’s Virginia plan survived in many ways although Madison wanted more
A lasting document
1. Final draft approved September 17,1787
2. Many strength helping it to endure
3. Flexible enough to adapt to social,economic,political and technological changes
4. Only been amended 27 times
5. Many nations model their governments after it, modeling structure and goals Government structure
1. Power can corrupt
2. Framers kept government under control by dividing power in two ways
Federal and the state
1. Constitution created what has been called a federal government
2. Federal government power is shared among states and national authorities
3. Federal government delegates power declaring war
4. State government reserved power, educational system
5. Share powers: occurrent power -tax
Separation of Power
1. Constitution created separation of powers among the three branch, to keep power under
control,each branch has their own ….
2. Cheeks and balances system set up giving each branch power to stop or check the
other in Certain ways
3. Example President can veto acts of Congress, Congress can overturn veto by a 2/3’s
veto of each House
Congress
1. Separation of powers preserved and limited people’s control over the government
2. House of Reps: determine by size of population,House directly responsible to the
people,Two Year terms, membership of house could change quickly
3. Senate elected by states legislature not by voters (change by 17th amendment 1913) six
years terms, every two years ?
4. Senate less influenced by power votes, senate needed to make hill a law so they could
not be forced by the President
5. House had powers Senate did not have, all bills dealing with money had to be
introduced in the House
6. When combined the House and Senate were the Congress
7. The Congress could coin money, declare war, raised an Army. Provide a navy and
regulate commerce
President
1. Constitution created executive branch
2. Powers include overall command of the armed forces, power to veto acts of Congress
3. Four year terms, could be continued re-elect ,(Change 22nd amendment 1951)
4. Elections of president by people indirect
5. President elected by vote of electors from each state, number equaled number of
representatives in Congress, candidates with majority of votes I'm Electoral College
would become President
6. Constitution provided if no clear majority then election moves to the house， each state
one vote and voting would continue until one candidate would receive a
majority,happened twice in House in 1800 and 1824
Federal Courts
1. Called for national court system
2. Chose by the president ,with advice and consent of Senate
3. Choosing judges two step removed from the people, president indirectly chosen by the
people and president chooses the judges, removing judges difficult so people could not control them
4. Federal judges served for life unless they acted dishonorably
5. Development of Courts, Supreme etc left
Ratification
1. Required nine of 13 states, approved would not be easy.
2. Madison,John Jay, Alexander Hamilton wrote 85 federalists letters