Creating a new Constitution, Ratification Redesign Flashcards
Constitutional Convention 1787
Attendance
12 states, except RI. Held in secrecy, being able to vote freely without hesitance of opinions. Some people argue that it was illegal what happened in Philladelphia. James Madison comes with this plan. GW, Benjamin Franklin, James Madison, Alexander Hamilton (annapolis convention). Stronger Government. Sam Adams, and Thomas Jefferson not in attendance
Constitutional Convention 1787
Delegates
men of property who want a stronger central government. Shays rebellion, not strong enough to suppress it. Merchants, land speculators, bankers. Afraid of Mobocracy from the mob in the west.
Divisive issues at the convention
Representation in the Government- The New Jersey Plan
Unicameral Legislature, 1 congress. Equal representation, each state got 1 vote.
Divisive issues at the convention
Representation in the Government- The Virginia Plan
Bicameral legislature, 2 houses, the senate and houses of rep. Proportional representation based on population.
Divisive issues at the convention
Representation in the Government- The Connecticut Plan (The Great Compromise)
Bicameral legislature. Senate= Equal representation with 2 senators. HOR is proportional to the population. Why we have a census every 20 years because of population growth. Tax bills can only start in the house, where people can vote on tax bills. Elected by the people.
Divisive issues at the convention
Slavery
Should slaves count as people for determining number in the HOR. Southern states wanted to count their slaves as people to get more representatives and have more power. Northerners are against this because they’re not treated as people and shouldn’t get the same people. Resolution is the 3/5 compromise, an attempt by the northerners to not let the Southerners benefit their population and HOR members.
Divisive issues at the convention
Slave Trade
Should the gov. stop the slave trade? Spirit of 76 and northerner states doing gradual emancipation. Unalienable rights. Agree that the slave trade will be outlawed in 20 years so the people who run on the slave trade can manage their business. SOuth is okay with this because of the natural population growth.
Divisive issues at the convention
Powers of the Executive
Commander in Chief, Chief Legislature, Appoint officials, and conduct foreign policy. Not like a king but with power that wasn’t in the AOC
Divisive issues at the convention
Limitations of the Executive
President can veto, but he can be impeached if he is being to reckless and break laws. Congress can override the President’s veto. Senate must ratify the treaties. Can’t declare war. Four year term, then re-election
A conservative Document
COnservative
Strong Gov/power to the elite. Power too the wealthy and elite of the land. Process of the electoral college. State has people who are designated electors. Men who are knowledgable about politics and who is running vote. Based on membership in congress. Indirect election of senators, State legislature can decide who selects our senators. Serve in senate for 6 year term. Judges appointed for life. Keeps the mass amount of uneducated farmers away from making decisions. Has power to make standing army. Strong legislative branch, can tax, declare war, borrow money, regulate trade, issue patents, and has elastic clause. Allows congress to make any laws they deem necessary or proper.
A conservative Document
Liberal Aspects= Spirit of 76
3 branches- no tyrants, checks and balances insures no funny business. No property requirements for holding office, opens up the role for all men. 1/6 of the government is directly elected.
Requirements for ratification
An illegal affair
Convention was not supposed to write new constitution. Didn’t have all 13 states. 9/13 instead of 13/13 to ratify the constitution. RI rejected. Each state would have a state constitutional convention where delegates are elected.
The Ratification Debate 1787-88
Federalists
Well organized, had helped to write the document. Go out and try to rally support. Members are well educated, wealthy east coasters. Merchants. Urban. Wealthy epople who put down Shay’s Rebellion. GW< BF, JM, John Jay, and AH
The Ratification Debate 1787-88
Anti-Federalists
Many leaders not at the convention. Debtors, people who aren’t educated, who supported states rights over federal rights, local politicians. Sam Adams, Patrick Henry, John Hancock, Thomas Paine, people who wanted to fight in the Revolution. Patriots
Issues during ratification
Too Strong of a Government
no annual elections. Didn’t like they have the power to tax, fearful because of Britain. Didn’t like standing army. Capital district where the power resides, like a monarchy and kindgom.
