The Constitutional Convention Weaknesses of the Confederation

The Constitutional Convention • Weaknesses of the Confederation Congress worried many American leaders that the US would not survive without a strong central govt. – People who supported this known as nationalists (George Washington, John Adams, Alexander Hamilton etc. ) • NY delegate Alexander Hamilton recommended that Congress call a convention in Philly 1787 to revise Articles of Confederation.

Weaknesses of the Articles of Confederation

The Founders • 55 Delegates—majority were lawyers, had experience in colonial, state, or national govts. – RI sent no delegates – Thomas Jefferson was unable to make convention but said it was an “assembly of demigods” • George Washington chosen as presiding officer

George Washington at the Constitutional Convention

Independence Hall, Philadelphia Pennsylvania

The Assembly Room in Independence Hall

The Virginia Plan • James Madison from Virginia arrived with a detailed plan for a new national govt. – Proposed legislature divided into 2 houses • In both houses the # of representatives for each state would reflect that state’s population

James Madison

The New Jersey Plan • Delegates accepted dividing govt into 3 branches, but smaller states opposed basing representation on pop • William Paterson of NJ offered their plan: – Did not abandon Articles, but modified them to make central govt. stronger – Congress would have single house, each state was equally represented, and would also have power to raise taxes and regulate trade.

The Great (Connecticut) Compromise • Connecticut’s Roger Sherman came up with this idea • The Great Compromise: – One house of Congress (House of Representatives) the states would be represented according to size of their population – In other house (Senate) each state would have equal representation – Eligible voters in each state would elect the House of Representatives, but state legislatures would choose senators.

The Problem of Slavery • The Convention delegates also had to deal with the problem of slavery • Each state could elect one member to House of Rep for every 40, 000 people – South wanted to include slaves in count – North objected (slaves can’t vote). Suggested if slaves count in population they should also count in taxes

Three-Fifths Compromise • Every 5 enslaved people would count as 3 free persons for determining representation and taxes • Also, Congress could not vote to ban slave trade until 1808 or impose taxes on import of enslaved persons

Framework for Limited Govt. • New constitution based on principle of popular sovereignty (rule by the people) • Representative system in which elected officials represented voice of people • System of govt. known as federalism – Divided govt. power between federal (national) govt. and the state govts.

Federal System

Separation of Powers • Constitution provided for a separation of powers among 3 branches of the federal govt. – Legislative—make the laws (2 houses of Congress) – Executive—implement and enforce laws (president) – Judicial—interpret laws (system of federal courts)

Powers of the President

Checks and Balances • Set up system to prevent any one branch from becoming too powerful – President could propose legislation, appoint judges, and veto (reject) acts of Congress – However, Legislature could override veto with 2/3 vote in both houses – Senate could approve or reject presidential appointments to executive branch and treaties – Congress could impeach (formally accuse of misconduct and remove) president or other high officials in executive/judicial branch – President could nominate members of judiciary, but senate had to confirm or reject them

Amending the Constitution • Might need to be changed over time • Created a clear system for making amendments (changes to the constitution – 2 -step process • Proposal and ratification