FRAMING THE CONSTITUTIONThe Federal ConventionDelegates to the Federal ConventionDelegates to the Federal Convention (cont.)The Virginia DelegationSlide 6The Virginia PlanThe Virginia Plan (cont.)Slide 9The New Jersey PlanThe New Jersey Plan (cont.)Slide 12Constitutional BargainingCompromises that Made the ConstitutionConstitutional Compromises (cont.)Slide 16Slide 17Summary: Pure Federal DiagramSummary U.S. Federalism DiagramImplications of a Federal SystemFRAMING THE CONSTITUTIONTopic #6The Federal Convention•A resolution of the Confederal Congress (Feb. 1787) called for a–convention of delegates who shall have been appointed by the several states be held at Philadelphia •for the sole and express purpose of revising the Articles of Confederation, and •reporting to Congress and the several [state] legislatures such alterations and provisions therein as shall . . . render the [con]federal constitution adequate to the exigencies of Government & the preservation of the Union. •This led to the federal convention that actually proposed to scrap the A. of C. entirely and replace them with a new federal constitution based on different (federal) principles.Delegates to the Federal Convention•The convention delegates [“framers of the Constitution”]:–All states except RI sent delegates.–55 delegates attended the convention for at least some of its sessions [that extended over about 4 months].–About 12-15 delegates played highly active roles at the convention.–39 delegates signed the resolution transmitting the proposed constitution to Congress on September 17, 1787,•but 3 delegates present that day refused to sign.–Delegates included: Washington, Madison, Hamilton, Morris, Randolf, Paterson, Sherman, Wilson, Franklin•Adams and Jefferson, U.S ambassadors to Britain and France respectively, were not delegates.Delegates to the Federal Convention (cont.)•Delegates were mostly “men of substance,” well educated and in many cases wealthy, most with extensive political experience.–Delegates were in considerable measure self-selected:•mostly “nationalists/continentalists” sought to become delegates, while•potential anti-federalists, opposed to a stronger central government, were confident that they could block an objectionable proposal at the ratification stage (which, under the A of C, required the assent of every state) and mostly opted out.–So the delegates were not a representative sample the population, or even of the politically active stratum.The Virginia Delegation•Virginia had a heavy-weight delegation, numerically, intellectually, and politically. –James Madison [“father of the Constitution”] was the principal driving force in getting the convention underway and in pressing it to do its business.–Madison gave himself a seminar in political science preceding the convention and •wrote a “final paper” on The Vices of Political System of the U.S. [see Supplementary Documents]–The Virginia delegation caucused in advance and drew up a series of resolutions (referred to as the Virginia Plan) to introduce at the outset of the convention that •in effect called for the complete scrapping of the A. of C., and•outlined the essential features of a new much stronger central government.The Federal Convention•The convention was scheduled to begin its work in May but didn’t achieve a quorum until the end of the month.•Early procedural decisions:–George Washington was elected presiding officer.–It would use of standard parliamentary procedure.–It would operate on the basis of one-state delegation one-vote, in the manner of the Articles of Confederation.–However (unlike the A. of C.), motions could be adopted on the basis of simple majority rule (7/12).–The proceedings would be kept secret [Independence Hall windows were sealed shut] to facilitate candid deliberation and compromise.–An official secretary/recorder was appointed,•but others, especially Madison, kept better records.•Madison’s authoritative Notes on the Federal Convention were not published until 50 years later.•The convention made extensive use of committees, in particular–resolving itself into a committee of the whole (to use more informal parliamentary procedures), and–appointing smaller committees delegated particular tasks.The Virginia PlanThe Virginia Plan was introduced by Edmund Randolph.1. Resolved that the Articles of Confederation ought to be so corrected & enlarged as to accomplish the objects proposed by their institution; namely, "common defence, security of liberty and general welfare." 2. Resolved therefore that the rights of suffrage in the National Legislature ought to be proportioned to the Quotas of contribution, or to the number of free inhabitants. 3. Resolved that the National Legislature ought to consist of two branches. 4. Resolved that the members of the first branch of the National Legislature ought to be elected by the people of the several States every _____ for the term of _____; . . . to be incapable of reelection for the space of _____ after the expiration of their term of service, and to be subject to recall. 5. Resolved that the members of the second branch of the National Legislature ought to be elected by those of the first, out of a proper number of persons nominated by the individual Legislatures . . . .The Virginia Plan (cont.)6. Resolved that each branch ought to possess the right of originating Acts; that the National Legislature ought to be impowered to enjoy the Legislative Rights vested in Congress by the Confederation & moreover to legislate in all cases to which the separate States are incompetent, or in which the harmony of the United States may be interrupted by the exercise of individual Legislation; to negative all laws passed by the several States, contravening in the opinion of the National Legislature the articles of Union; and to call forth the force of the Union agst. any member of the Union failing to fulfill its duty under the articles thereof. 7. Resolved that a National Executive be instituted; to be chosen by the National Legislature for the term of _____ years, and to be ineligible a second time; and that besides a general authority to execute the National laws, it ought to enjoy the Executive rights vested in Congress by the Confederation. 8. Resolved that the Executive and a convenient number of the National Judiciary, ought to compose a Council of revision with authority to