Convention and ConstitutionI. The Call for ConventionII. The ConventionIII. The Controversiesa. Virginia Planb. New Jersey PlanIV. The Final ProductV. RatificationVI. Federalists and AntifederalistsI. –Virginia legislature invites states to send delegates to Annapolis for a convention- HUGE failure. Only 5 states send delegates which was a total of 5 people.-Hamilton gets a draft resolution to congress to authorize a convention in Philadelphia to revise and approve the Articles- nothing happens.-Shay’s Rebellion was more of a symbol than an event.-Historians say Shay leads farmers to protest to take over federal depot for the government to fall apart; historians say Shay leads smaller group of farmers to protest to take over the federal depot government and had it under control.-People freak out because “what if” was the symbol of weakness of the Articles of Confederation. Didn’t have a national government strong enough for the space.-Consider to actually revise the Articles of Confederation.II. –Calls for the Convention-74 delegates elected by states. Only 55 ever show up and 39 actually sign the constitution.-First thing they do is elect George Washington to preside over the Constitution.-Franklin, Madison, Hamilton, James Wilson, Roger Sherman were all there.-Thomas Jefferson (was in Paris) and John Adams (was in London) were not there.-A lot of elites were there. Led by elites… Dominate and it was a guiding process.-Missing Radical voices; Patrick Henry “smelled a rat”, Sam Adams and Thomas Paine attempted to sell Iron Bridge. Rhode Island sent no one.-19th century- historians thought the Constitution and Convention were “extraordinary events”-“Perfect democratic document”- Constitution-Charles Beard was a historian that wrote “Economic Interpretation of the United States”. He argues they are self-interested property owner because it’s an elite process. They have property and are not interested in equality. Document protects their economic rights. Founders weren’t worried about anything but themselves.-2nd thing they do is the secrecy rule. They keep the windows closed and there are no leaks. They didn’t want the debate to get out.-They had a problem with Ben Franklin though so people had to babysit him when he went out to the pub.III. –Virginia delegation sets plan to get out of the plan.-Edmund Randolph starts Virginia Plan which is heavily influenced by James Madison.-James Madison didn’t propose it because he was too small.-This is NOT a revision. It’s a huge overhaul with big differences.-It offers strong centralized nation government-There are 3 independent branches- Bicameral legislature- representation within legislature is by population in state- House of Representatives (lower house), people vote for the House- Senate will be chosen by the house- Senate has broad powers (example: Congress veto state laws that they didn’t like). The legislative branch, judicial branch both have lifetime terms and the executive branch with a president has a maximum of 2 terms.-Council of revision comprised of president and Supreme Court which could veto anything called absolute veto.-Controversy about representation-New Jersey Plan- William Patterson- looks like a revision of the Articles of Confederation. Adds Judicial branch, adds executive committee- not an independent branch and it’s chosen by Congress. Gives Congress commerce and trade power, representation gives the states equal representation, keeps power with states, there is no centralized national government.IV. –The Great Compromise or Connecticut Compromise sets up framework of government. They take framework from the Virginia Plan (3 branches to make a strong central national government) -Senate has equal representation (2 from each state) which is from the New Jersey Plan-House of Representatives is based on population (Virginia Plan)-Hamilton isn’t happy because he wants more. He gives a 6 hour speech saying he wanted a lifetime president and lifetime Senate.-Controversy about slavery. Question was- “Slaves are property or individuals?” in the Northand South-South wants slaves defined as people when it comes to population but slaves are property and should be returned to their owners across state lines.-Northern states say it can’t be both ^. South won’t ratify the Constitution that outlaws slaves as property.-The 3/5 Compromise says slaves count as 3/5 of a person for ONLY representational purposes. Has a political consequence for the House of Representatives.-Framers avoided using the word “slaves” in the Constitution and compromises. They could not ban the importation of slaves until 1808. Slaves DO have to be returned to their owners over state lines.-Article 1- legislative branch because it’s the most important in the Republic; section 1 says bicameral legislature. Section 2 says the House members have a 2 year term and are directlyelected by the people and it also mentions the 3/5 Compromise. Section 3 says that thereare 2 senators by each state for 6 years, state legislature chooses. There are 3 groups- 1st group had shortened terms (2 year), 2nd had a 4 year, 3rd had a 6 year; 1/3 was up for election every 2 weeks. Section 8- powers congress has, to make all laws- Elastic Clause.-Article 1, Sections 1-3 were the expressed or enumerated powers.-Article 6- Supreme law of the land, supremacy clause- law of the land-Article 2- Executive branch’s rules were vague. Section 1- president with a 4 year term, president chosen by Electoral College. States receive votes from the Senate and House members, cannot be in the Electoral College If you’re in Congress. Electoral College represents the state.-Article 3- Judicial branch. Section 1- 1 supreme court, doesn’t say how many justices sit on the Supreme Court though. Congress creates the court system.-Article 5- How to change/amend the Constitution. Proposal side- 2/3 of both house of congress and 2/3 vote for it OR 2/3 vote of national convention (no one usually chooses this option). Ratification side- ¾ of state legislature OR ¾ of special state conventions (this is used to repeal prohibition, only used once for the 21st
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