Some Challenges of the Convention• 1787

– Most people wanted a government that could keep order in a country filled with conflict

– Strong enough to protect people’s rights– Not so strong that it would oppress them

• Disagreements over representation– Virginia Plan: Number of representatives based

on population– New Jersey Plan: Equal number of

representatives for all states– Great Compromise: House of Representatives

would be based on population and Senate would be equal for each state

Challenges over Slavery

Compromises on slavery• Southern states wanted to count all slaves for

representation purposes but none for taxation.• Northern states objected.

• Three-Fifths Compromise: all whites plus three-fifths of the slave population would be counted for both representation and taxation.

• Native Americans were not counted.

• In order to maintain unity between North and South, delegates agreed to a clause allowing the slave trade to continue for 20 years.

• Another clause, the fugitive slave clause, stated that a slave who fled to another state had to be returned to his or her original state.

• Also agreed that no laws would be made regarding slavery until 1808

Branches of Government

The Constitution is passed• Delegates passed the Constitution on

September 17, 1787

• All but 3 of the 42 present signed the Constitution

• It was then sent to each state for approval/ratification.

• Constitution had been debated for months

• Founders began to work to convince others to ratify it

• Federalists: in favor of accepting the Constitution

• Antifederalists: opposed to the Constitution

Federalists and Antifederalists

• Thought others would fear how much power was given to national government

• Explained that it was based on a system of federalism

• The Federalist Papers– James Madison– Alexander Hamilton– John Jay– Described why people should support ratification

Concerns of the Federalists

“Yes, my countrymen,… I am clearly of opinion it is your interest to adopt it [the

Constitution]. I am convinced that this is the safest course for your liberty, your dignity,

and your happiness.”

Alexander Hamilton, The Federalist “Number 1”

• Thought it took too much power away from states and did not guarantee rights for people

• Feared president could become a king

• Rural areas supported antifederalists– Afraid of high taxes

• Large states were also unsupportive at first

Concerns of the Antifederalists

The Battle for Ratification• Many citizens supported the Constitution

but wanted to add a guarantee that the government would protect the rights of people

• Virginia Convention: June 1788– Antifederalists would not ratify without a bill of

rights– Federalists gave in and promised to add a bill

of rights if the state ratified the document

Final Ratification• December 1787: Delaware, New Jersey, and

Pennsylvania• January 1788: Georgia and Connecticut• February 1788: Massachusetts• By late June: 9 out of 13 states had ratified• At this time, the Constitution was ratified• But still wanted support of largest states: Virginia and

New York• Virginia and New York ratified with promise of bill of

rights• North Carolina and Rhode Island were the last states

The Bill of Rights and the Constitution

• James Madison wrote the first 10 amendments (additions to the document)– Became known as the Bill of Rights

• Believed that government needed to protect religious freedom to prevent social conflict

• Separated Church and State• Ended conflicts that had earlier affected the

colonies

The Bill of Rights

1. Religious and Political Freedom

2. Right to Bear Arms

3. Quartering Troops

4. Search and Seizure

5. Rights of Accused Persons

6. Right to a Speedy, Public Trial

7. Trial by Jury in Civil Cases

8. Limits of Fines and Punishments

9. Rights of People

10.Powers of States and People

Amending the Constitution• The Bill of Rights showed that the

document can be changed to fit the PEOPLE’S needs

• 2/3 of each house and state legislatures can propose an amendment

• ¾ of states have to approve the amendment

• 17 more amendments have been added since the original 10

Confederation Weaknesses

New Government Strengths

Taxes Congress could not pass or collect taxes

Congress can pass and collect taxes

Trade Congress had no control

Congress could control

Courts No federal courts, only states

National system of courts

Executive No executive branch or enforcement of laws

National government could enforce laws

State’s Rights

Each state had equal power (voting)

Population based in House, Equal in Senate

Amendments

Unanimous vote to amend

2/3 vote in Congress

Laws Nine states had to approve

A majority required to pass