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ConstitutionalConventionof17872.pptxConstitutional Convention of 1787
Constitution written in 1787 by 55 men whom we refer to as the Framers of the Constitution or our Founding Fathers.
To name a few: George Washington, James Madison, Alexander Hamilton, and Ben Franklin.
A government created by all white, wealthy men definitely needed to be updated and inclusivity had be added.
Who is missing from the previous image?
Who was excluded from the conversations?
The Magna Carta
(The Great Charter)
1215, England
Contained 63 clauses, promising all freemen access to courts and a fair trial
Eliminated unfair fines and punishments
Gave power to the Catholic Church in England
Idea taken from the Magna Carta:
Laws exist, and all citizens must obey them.
King is not above the law.
King cannot levy extra taxes “without the common consent of the realm.”
Preserves the right of subjects to own property
Limits the powers of the king and barons.
Due Process of Law
Judgment By One’s Peers
The introduction to the Constitution is called the Preamble.
It begins with “We the people…”
Meaning that our government is based on the consent of the people.
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Why is a democracy so fragile?
What does it depend on to continue?
Benjamin Franklin quotes: “Our new Constitution is now established, everything seems to promise it will be durable; but, in this world, nothing is certain except death and taxes.” in 1789 “Democracy is two wolves and a lamb voting on what they are going to have for lunch. Liberty is a well-armed lamb contesting the vote.”
In 1787, “upon exiting the Constitutional Convention Benjamin Franklin was approached by a group of citizens asking what sort of government the delegates had created.
His answer was: "A republic, if you can keep it."
The brevity of that response should not cause us to under-value its essential meaning: democratic republics are not merely founded upon the consent of the people, they are also absolutely dependent upon the active and informed involvement of the people for their continued good health.”
quote taken from Perspectives on the Constitution: A Republic, If You Can Keep It by Dr. Richard R. Beeman
Federalism
Federalism: Governmental power divided between the states and the federal government.
States may make laws that are not dictated in the Constitution.
State law cannot contradict or over-rule federal law.
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If the will of the majority are not reflected in the Constitution, how did it get approved?
Virginia Plan
states with large populations should have the most power. The larger the population, the better representation in government!
More representation = More POWER
New Jersey Plan
Each state should have EQUAL representation, in ONE house.
One State, One Vote, one voice
Women, African-Americans, & Native Americans were NOT recognized as citizens
And, therefore, not considered.
THE GREAT COMPROMISE!
Proposed by Roger Sherman from Connecticut.
Create a TWO-House Legislature:
House of Representatives - based on population
Senate - EQUAL representation for all states.
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Roger Sherman & James Wilson proposed 3/5 Compromise
Both believed that slavery was already dying out and would end naturally.
WRONG
Eli Whitney’s invention and Great Britain’s demand for cotton changed all of that.
Wm Lloyd Garrison called the Constitution "a Covenant with Death, an Agreement with Hell"
Northern states agreed to the 3/5 Compromise. Why??
North agreed because NW Ordinance of 1787 banned slavery in future states of the Northwest. See next slide.
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As a compromise: the North received the Northwest Ordinance, which did not allow slavery.
ELECTORAL COLLEGE
2 SENATORS
+
NUMBER OF REPRESENTATIVES
=
NUMBER OF ELECTORAL VOTES
1790 VIRGINIA:
TOTAL POPULATION = 690,000
404,000 people are FREE
288,000 people are SLAVES
288,000 x 60% (3/5) = 172,800
NEW Total = 576,800
1790 PENNSYLVANIA:
TOTAL POPULATION = 434,000
430,000 people are FREE
4,000 people are SLAVES
4,000 x 60% (3/5) = 2,400
NEW Total = 432,400
QUESTIONS: In what ways is the Constitution democratic? In what ways is it NOT democratic?
