THE MAKING OF THE CONSTITUTION

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THE MAKING OF THE CONSTITUTION
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Composition of the Constitutional Convention, 1787

• Background of the Delegates
• Crucial Procedural Decision

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Independence Hall, Philadelphia
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Consensus on Goals

• Defects in the Articles Were Clearly Recognized
• No Power of Taxation
• No Power to Control Trade
• No Power to Raise a Standing Army
• Unstable Representation
• No Independent Executive
• Impractical Amending Procedure
• No Power to Coerce States
• Impractical Procedural Rules

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Drafting the Constitution
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First Obstacle to Agreement

• Equal Representation of Small and Large States
• Virginia 747,000
• Rhode Island 68,000

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Second Obstacle to Agreement

• Southern Concern About Taxation and the Slave
  Trade

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Third Obstacle to Agreement

• Taxation, Representation and Slaves

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The Virginia Plan

• Three Separate Branches of Government Executive,
  Legislature and Judiciary
• House, Elected by popular vote, would Elect the
  Senate
• Representation in Congress Determined by
  Proportional Representation
• System of Checks and Balances

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New Jersey Plan

• State Legislatures would Chose Members for a
  Unicameral Legislature (Congress)
• Equal Representation for All States
• Gave Congress Power to Tax and Control Trade
• Constitution and Treaties would become Supreme
  Law of the Land
• Less Radical Plan Resembled Articles of
  Confederation

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Resolving the Two Plans

• The Great Compromise for Congress Proposed by
  Benjamin Franklin
• Upper House (Senate)
• Lower House (House of Representatives)

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Compromises on Taxation and the Slave Trade

• All Taxes on Exports Banned
• Slave Trade Granted Immunity for 20 Years, with
  its Ultimate Fate Left Undecided
• In 1807 Congress Banned Slave Trade from 1808
  Onwards

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The 3/5th Compromise

• For Purposes of Both Taxation and Representation,
  Slaves Would Be Counted on a Ratio of Five Slaves
  Being Equivalent to Three Whites
• Political Consequences

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Three Branches of National Government

• Executive President
• Powers
• Term of Office
• Electoral College

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The Electoral College and Democracy

• Election of 1876 Votes Electoral
  Votes
• Rutherford B. Hayes 4,036,572 185
• Samuel J. Tilden 4,284,020 184
• Election of 1888 Votes Electoral Votes
• Benjamin Harrison 5,477,129 233
• Grover Cleveland 5,537,857 168

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The Electoral College, II

• Election of 2000 Votes Electoral
  Votes
• George W Bush 50,455,156 271
• Albert Gore 50,992,335 266

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Current Electoral Votes
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Second Branch of National Government

• Legislature (Congress)
• Senate
• --Method of Election
• --Powers
• House of Representatives
• --Method of Election
• --Powers

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Third Branch of the National Government

• Judiciary (Court System)
• Judiciary Act of 1789
• Doctrine of Judicial Review

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Signing of the Constitution
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Foreign Reactions to the Constitution

• The Constitution would provide the "pattern for
  all future constitutions and the admiration of
  all future ages." ----William Pitt, the Younger,
  Prime Minister of Great Britain

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• The Constitution was "most wonderful work ever
  struck off at a given time by the brain and
  purpose of man." ---W.E. Gladstone, Four Times
  Prime Minister of Great Britain in the late 19th
  century

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Ratification of the Constitution

• Federalists (Pro-Ratification)
• Sought Stronger Central Government
• Supporters
• Leaders

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• Antifederalists (Opponents of Ratification)
• Sought Individual and Local Autonomy
• Supporters
• Leaders

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Most Contentious Issues

• Infringement of State Sovereignty
• Heavy Burden of Taxation
• Absence of a Bill of Rights

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Bill of Rights, 1791

• Amendment 1 Freedom of Expression
• Amendment 2 Militia and Bearing of Arms
• Amendment 3 Quartering of Troops
• Amendment 4 Unreasonable Searches and Seizures
• Amendment 5 Safeguards Against Arbitrary Arrests
  and Punishment
• Amendment 6 Speedy and Public Trial (Confronting
  Witnesses and Nature of Accusation)
• Amendment 10 Delegation of Powers