The Constitutional Convention

1
The Constitutional Convention

• Aw yea

2
Articles Dont Work.. Now what?

• Annapolis Convention, designed to change the AoC
• Quickly realize a whole new Constitution is
  necessary, to meet in Philadelphia.
• 55 delegates attended, voted as state blocks.
  Rhode Island was not present.
• Delegates commonly met in the committee of the
  whole to debate.
• Deliberations were to be secret
• Madisons notes are our best source
• Overall goal was to create a stronger central
  government. Madison had put in great thought
  into specifics. Hamilton was keen on a more
  monarchical system. Washington also on board
  which was vitally important. He was trusted and
  seen as a Cinncinatus figure as he could have
  been a dictator towards the end of the
  Revolutionary War (Newburgh conspiracy). Most
  who opposed the idea didnt bother to show up

3
Virginia Plan

• Madisons ideas presented in the Virginia Plan
  which would be the basic building block of the
  Constitution.
• Gave much power to the national government. New
  Legislature, much of it protected from popular
  will, even a Council of Revision which could
  veto laws if they were poor. Giving sort of an
  idea of judicial review.
• National Legislature could override state laws.
  Madison had examples (like Pennsylvania) where
  the states were inappropriate and didnt trust
  them.
• Of course council of revision could also check
  the legislature if they were unfair to the
  states.
• Executive was included, but selected by the
  legislature
• National Judiciary too.
• Lower house elected by people, upper house
  elected by lower house.
• Well read more about his whole system later.

4
New Jersey Plan

• New Jersey plan enters next, doesnt disagree too
  much with the ideas of the Virginia plan, but
  importantly looks for power for the small states.
• Huge problem though, almost ruined the
  Convention.
• Connecticut Compromise finally steps in to solve
  this.

5
Other Compromises

• Assumption of State Debts
• National Government will take it all on,
  agreement to have future capital in the South.
• National Judiciary
• Extremely vague on the specifics, only a Supreme
  Court, others established by Congress (1st
  Congress will do this with the Judiciary Act).
  Can read Article 3 many different ways
• Power of the Federal Government?
• Vague, a lot left to be decided, would lead to
  early political parties.
• Supremacy clause, elastic clause
• Later reserved powers clause in tenth amendment
• How to choose President?
• Electoral College, popular but not popular (like
  all of you).
• 4 year term
• Would slavery continue?
• Avoided by they agree to end the slave trade
  after 1808, it was assumed slavery would die out.
• How will slaves be represented?
• 3/5 compromise
• Came from articles taxation methods.

6
Ratification

• To be done by special state ratifying
  Conventions.
• Some say this is trying to pull one over, why not
  go through the states?
• Authority now comes from PEOPLE not states
• States cant vote to remove own power
• Many voting restrictions relaxed at the
  Conventions.