Drafting the Constitution

The Constitution was drafted at the Constitutional Convention on May 14th, 1787 in Philadelphia. It was kept in total secrecy because they didn’t want the public to debate and for those debates to influence the legislatures and to muddy the waters.

The framers of the Constitution made the Constitution function more as a frame so that future governmental leaders could expand on it and fill parts in as necessary, to fit with future needs.

James Madison is known as the ^^Father of the Constitution^^ because he kept journals of all the debates.

Most of the delegates were nationalists.

  • Some of them were monarchists (Alexander Hamilton)
  • Others believed in a democratic government founded on public support (James Madison / James Wilson)

^^Virginia Plan^^

  • Bicameral legislature
    • Lower house was chosen by the people
    • Upper house members were picked by members of the lower house
    • Bigger population = more representatives
  • National executive and judiciary chosen by Congress
  • Favored bigger states with larger populations

^^New Jersey Plan^^

  • Unicameral legislature
    • Every state got one vote, regardless of population
  • Closer to the Articles of Confederation, would have made a weak national government
  • Several people elected by Congress to form the executive branch
  • Executive branch appointed the Supreme Court
  • Favored by smaller states with less population

Congress → Executive Branch → Supreme Court

^^Connecticut Compromise^^

  • Bicameral legislature
    • Lower house / House of Representatives with the amount of representatives based on population
    • Upper house / Senate with the amount of representatives being 2 for every state
    • Legislatures used to vote for Senate members instead of the people
  • ^^3/5th Compromise:^^
    • Debates were held because slaves were not considered citizens so it was heavily debated whether they should be counted in matters of government.
    • Northern states wanted to count slaves for taxation purposes
    • Southern states wanted to count slaves for representation purposes
    • Debate was settled that 3/5ths of the slave population of a state would be counted for both taxation and representation

^^Madisonian Model^^

  • Introduced separation of powers and checks and balances
    • Written about in No.51 of the Federalists Papers
  • Introduced electoral college
    • Elects president
    • Allows state significance when electing

Candidate wins state → Wins all electoral college votes for the state