WHY ARE WE HERE?“for the sole and express purpose of revising the Articles of Confederation”
What’s wrong with the Articles? Weak central governmentStates aren’t forced to follow laws No taxing power No national executive No national judicial branchCan’t control interstate commerce Can’t stop conflicts between states Can’t stop domestic rebellion Difficult to pass laws Very difficult to amend
The Articles legislative branch A unicameral, or one-house, legislatureEach state has one vote, regardless of size executive branch none judicial branch none
The divisive issues The national or general government Representation of states The executive branch Slavery and the slave trade Elections and others …
The Virginia PlanMadison Randolph WE NEED A NEW FORM OF GOVERNMENT
Which should bestronger, the stategovernment or thenationalgovernment?Why?
The decisionA stronger national government is necessaryA federal system was developed – both the national government and state governments have powerShould be limited by the constitutionA republican form of government is best Supremacy
How should wedetermine therepresentation of thestates in Congress?Bypopulation, money, equality ...?
The Virginia Plan legislative branch A bicameral, or two-house, legislatureRepresentation determined by population of the state executive brancha single national executive selected by Congress Some veto power judicial branch judges selected by Congress
Virginia 691,737 249,073 South Carolina 68,825 Rhode Island 434,373 PennsylvaniaPopulation 393,751 North Carolina 340,120 184,139 New York 141,885 New Jersey 378,787 New Hampshire 319,728 82,548 Massachusetts 59,096 Maryland 237,946 Georgia Delaware 0 200,000 400,000 600,000 800,000 Connecticut
The New Jersey PlanPaterson WE NEED TO STRENGTHEN THE ARTICLES OF CONFEDERATION
The New Jersey Plan legislative branch A unicameral, or one-house, legislaturemembership based on equality – one vote per state More powers than under the AOC executive branch a multiple national executive selected by Congress Some veto power judicial branch
Hamilton’s Plan proposed a government based on the British monarchy and parliament all powerful national government Senators with life terms President with life term Judges with life term
The Great Compromise legislative branch A bicameral legislatureA House of Representatives, based on population A Senate, based on equality executive branch Determined by a committee judicial branch Determined by a committee
“When a broad table is to be made, and the edge of the planks do not fit, the artist takes a little from both, and makes a goodFranklin joint.”
WE NEED TOCOMPROMISE Sherman The GreatCompromise
Should there be one or more than one chief executive?
What power(s) should the chief executive have?
National ExecutiveA single executive – the President Checked by the legislative branch Veto power
What should bedone about slaveryand the slave trade in the United States?
Slavery Compromise #1 What should be done with the Trans-Atlantic slave trade? SLAVE TRADE COMPROMISE Slave trade (importation of slaves) could be banned byCongress, but not for 20 years NOT SLAVERY ITSELF
Should slaves count in the population towardrepresentation?Why or why not?
State Population Slave popConnecticut 237,946 2,764Delaware 59,096 8,887Georgia 82,548 29,264Maryland 319,728 103,036Massachusetts 378,787 0New Hampshire 141,885 158New Jersey 184,139 11,423New York 340,120 21,324North Carolina 393,751 100,572Pennsylvania 434,373 3,737Rhode Island 68,825 948South Carolina 249,073 107,094Virginia 691,737 292,627
Slavery Compromise #2How should slaves count in matters of representation? THREE FIFTHS COMPROMISE“Other persons” would count as 3/5 of a person for matters of representation
COMPROMISEHow should the members of Congress be elected? Compromise House of Representatives is elected by the peopleSenate is elected by the state legislatures
Who should select the chiefexecutive orexecutives?
COMPROMISEHow should the Chief Executive (President) be elected? Compromise The Electoral College The people would vote for electors, who would then select the President
ADDITIONAL QUESTIONS Should there be religious test or requirements for public office? NOWho should have the power to declare war? CONGRESS Should there be a standing army during times of peace? YES Should Congress control interstate commerce? YES - a big deal! Lots o’ power for Congress
Writing the Constitution July - Committee of Detail August – Debate again over the document September – Committee of Style Who wrote it? Never really established, but Gouverneur Morris takes credit
“I confess thatthere are severalparts of thisconstitution whichI do not at presentapprove, but I amnot sure I shallnever approvethem … I agree tothis Constitutionwith all its Franklin Wilsonfaults…”
Weakness SolutionWeak national government Stronger (but limited) national governmentOnly one branch Three branchesNo national executive to enforce Single national executivelawsNo national judicial system National judicial branch can solve disputes between statesDifficult to pass laws (9/13 states) Simple majority in both houses (50%+1)Very difficult to amend (all 13 Easier to amend (but still astates) challenge –3/4 states)Inability to tax National government may taxNo regulation of commerce National government can regulate interstate trade