The Constitutional Convention
- Calling for Convention
o However, only five States sent Representatives to the Convention
o George Washington called the Confederation
§ A “half starved, limping government”
o And it was agreed that all the States would meet for another convention in Philadelphia in May of 1787
- Constitutional Convention (Philadelphia Convention, Federal Convention)
§ When?
o Took place over 4 months
o May 14th –September 17th of 1787
§ Where?
o Met in Philadelphia, Pennsylvania
§ Who?
o President: George Washington
o Other prominent figures: James Madison, Alexander Hamilton, Roger Sherman
§ Why?
o Main purpose: To revive and revise the government under the Articles of Confederation
§ How?
o It’s a long story
- The Issues:
§ Representation
§ Slavery
§ Trade
- Representation
§ Proposed by James Madison
§ Proposed that the Congress (Legislative Branch) should be Bicameral, that is, consisting of two houses
§ The number of Representatives was based on population
§ The Congress would have enormous power compared to the Articles of Confederation
§ Based on Population, so favored the large States
o The New Jersey Plan
§ Presented by William Paterson
§ Proposed a Unicameral (one house) Congress
§ Each State would have one vote, regardless of population or the number of representatives
o John Dickinson quote:
§ “Some of the members from the small States wish for two branches in the General Legislature, and are friends to a good National Government; but we would sooner submit to a foreign power, than submit to be deprived of an equality of suffrage, in both branches of the legislature, and thereby be thrown under the domination of the large States”
o Representation by Population
§ Benefits:
o “Each Person” is essentially represented and “has a say”
§ Problems:
o States with a larger population will always win over states with smaller population
o Representation by State
§ Benefits:
o Each State has equal status and equal say
§ Problems:
o The people of the smaller States are “better” represented
- Slavery
§ Slaves do not count in determining representation
§ Slaves cannot vote, so why should they be represented?
§ Counting slaves would increase the votes of the slave states
§ Slaves should, however, count when determining taxes
o Arguments of Slave States:
§ Slaves count for representation
§ After all, they live here and the land supports them
§ Slaves should not count when determining taxes
- Trade
o Under the Articles of Confederation, Congress was not strong enough to solve interstate trade disputes
o The South
§ Was fearful that the Congress might interfere in the slave trade
§ Was also fearful that Congress would place high export tariffs on goods
o Exportation of raw materials was the South’s primary source of revenue
Compromises:
Representation
- The Great Compromise
o House of Representatives
§ Based on population
o Senate
§ Based on State
§ 2 votes per state
Slavery
- Three-Fifths Compromise
Trade
- Congress was given power over foreign and interstate commerce
- Unable to place any tariffs on exports
- Unable to ban the slave trade for 20 years