Constitutional Convention Philadelphia 1787

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Constitutional Convention Philadelphia 1787
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THE CONSTITUTIONAL TRADITIONIMPORTANT ANTECEDENTS

• MAGNA CARTA, 1215
• FEDUAL RIGHTS AND LIMITING POWER
• MAYFLOWER COMPACT, 1620
• CONTRACTUAL GOVERNMENT
• COLONIAL CHARTERS, 1630-1732
• CHARTERS AUTHORIZING THE COLONIES
• DECLARATION OF INDEPENDENCE, 1776
• CREATING THE FRAMEWORK FOR A NEW NATION AND ITS
  GOVERNMENT
• ARTICLES OF CONFEDERATION, 1781-1789
• AN ALLIANCE OF INDEPENDENT NATIONS

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The Articles of Confederation

• Inability to tax resulting in a weakening of
  bonds
• Trade wars erupted between the states
• Inflation resulted from each state printing
  currency

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PROBLEMS FOR A NEW NATION

• FINANCIAL DIFFICULTIES
• NEED FOR TAXATION
• COMMERCIAL OBSTACLES
• TARIFFS BETWEEN STATES
• CURRENCY PROBLEMS
• STATES ISSUED THEIR OWN MONEY
• CIVIL DISORDER
• OPEN REBELLIONS AGAINST THE NEW GOVERNMENT

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Powers of the Congress Under the Articles of
Confederation
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THERE WAS MORE AGREEMENT THAN CONFLICT IN
PHILIDELPHIA AT THE 1787 CONVENTION
REACHING CONSENSUS

• LIBERTY AND PROPERTY
• INALIENABLE RIGHTS
• SOCIAL CONTRACT
• CONSENT TO GOVERN AND THE PROMISE OF SECURITY
• REPRESENTATIVE GOVERNMENT
• REPUBLICANISM
• LIMITED GOVERNMENT
• A SYSTEM OF CHECKS AND BALANCES
• NATIONALISM
• AGREEMENT OVER HAVING A STRONG NATIONAL GOVERNMENT

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AND THE CONFLICT

• REPRESENTATION
• SERIOUS DISAGREEMENTS OVER HOW THE PEOPLE WOULD
  BE REPRESENTED
• THE VIRGINIA PLAN
• THE NEW JERSEY PLAN
• THE CONNECTICUT COMPROMISE
• SLAVERY
• THE DESIRE OF SOME STATES TO COUNT SLAVES TO
  DETERMINE REPRESENTATION
• VOTER QUALIFICATION
• PROPERTY QUALIFICATIONS
• SOME STATES RESTRICTED VOTING TO FREE, WHITE,
  MALE CITIZENS

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The Constitutional ConventionConflict and
Compromise

• The Virginia Plan- proposed 3 branches of govt.,
  bicameral house, it favored states with large
  populations
• The New Jersey Plan- proposed 3 branches of
  govt., unicameral house and favored the smaller
  states.
• The Great Compromise reached a compromise over
  representation- 3 branches of govt., bicameral
  house with equal representation in Senate and
  House of Representatives based on states
  population.

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The Constitutional ConventionThe Question of
Slavery

• Were the slaves to be counted for representation
  purposes?
• The slave population would count as 3/5 of a
  person for taxation and representation purposes.

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The Constitution

• The Constitution embraces seven basic principles.
• 1) Republicanism-
• 2) Federalism
• 3) Separation of Powers
• 4) Checks and Balances
• 5) Popular Sovereignty
• 6) Limited Government
• 7) Individual Rights

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3 Branches and Separation of Powers
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The Constitution Three Branches

• Article I- creates and outline qualifications and
  duties of the Legislature Branch
• Article II- creates and outline qualifications
  and duties of the Executive Branch
• Article III- creates and outlines qualifications
  and duties of the Judicial Branch

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The Fight for RatificationFederalists v.
Anti-Federalists

• The Federalists and the Anti-Federalists, each
  had viewpoints worth examining, as they both have
  sound reasoning.
• These two groups debated the necessity and design
  of the new and stronger central government on the
  following grounds

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The Anti-Federalists did not want to ratify the
Constitution. Basically, they argue that

• It gave too much power to the national government
  at the expense of the state governments.
• There was no bill of rights.
• The national government could maintain an army in
  peacetime.
• Congress, because of the necessary and proper
  clause,' wielded too much power.
• The executive branch held too much power.

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The Federalists had answers to all of the
Anti-Federalist complaints.

• The separation of powers into three independent
  branches protected the rights of the people. Each
  branch represents a different aspect of the
  people, and because all three branches are equal,
  no one group can assume control over another.
• A listing of rights can be a dangerous thing. If
  the national government were to protect specific
  listed rights, what would stop it from violating
  rights other than the listed ones? Since we can't
  list all the rights, the Federalists argued that
  it's better to list none at all.

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The Bill of Rights

• The first 10 amendments of the Constitution
• 1 Religion, speech, and press
• 2 Right to bear arms?
• 3 Quartering troops
• 4 Security from unwarrantable search and
  seizure.
• 5 Rights of Accused Persons in Criminal
  Proceedings
• 6 Right to Speedy Trial, Witnesses, Etc.
• 7 Trial by jury
• 8 Limits of fines and punishments
• 9 Right of people
• 10 Powers Reserved to the States or People

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Amendment Process