constitutional convention

The Constitutional Convention

Creation of the Constitution

Articles of Confederation

  • First system of government in America

  • Major Shortcomings:

    • Lacked an executive branch.

    • Lacked a judicial branch.

  • Difficulties faced during the American Revolutionary War (1775-1783):

    • Inability to acquire necessary supplies for troops.

13 Original Colonies

  • Large States (Most populous):

    • Pennsylvania

    • Virginia

    • Maryland

    • Massachusetts

    • New York

  • Small States (Less populous):

    • Rhode Island

    • New Jersey

    • Delaware

    • Connecticut

    • New Hampshire

Downfall of the Articles of Confederation

  • Annapolis Convention:

    • A significant meeting that highlighted the weaknesses of the Articles of Confederation.

  • Shay's Rebellion:

    • An armed uprising that illustrated the inability of the federal government under the Articles to maintain order.

Limited Government

  • The major issues arising from the Articles of Confederation were due to the absence of a strong national government, which limited its ability to respond effectively to crises.

The Constitutional Convention

Competing Plans for Government

  • Virginia Plan:

    • Proposed by larger states.

    • Advocated for a strong central government with a bicameral legislature.

  • New Jersey Plan:

    • Proposed by smaller states.

    • Called for a weaker central government with a unicameral legislature where each state had equal representation regardless of population.

The Great Compromise

  • Formed a committee known as the Connecticut Compromise or Great Compromise.

  • Proposed a bicameral legislature:

    • House of Representatives:

    • Membership based on each state's population, favoring larger states.

    • Total seats = 435, calculated as roughly one seat per 565,166 people.

    • Senate:

    • Each state allotted two senators, benefitting smaller states by providing equal representation.

    • Total seats = 100.

Structure of the Great Compromise

Bicameral Legislature

  • House of Representatives:

    • Composed of 435 seats with membership determined by population proportions.

  • Senate:

    • Composed of 100 seats, with each state receiving 2 senators irrespective of population.

USA Electoral Votes by State

  • Example states and their electoral votes:

    • New Hampshire (NH) - 4

    • Vermont (VT) - 3

    • Maine (ME) - 4

    • California (CA) - 55

    • Texas (TX) - 38

    • Florida (FL) - 29

    • Comprehensive list available at fairvote.org

Three-Fifths Compromise

  • Referenced in Federalist Paper No. 54 by Alexander Hamilton and James Madison.

  • Definition:

    • Slaves were considered property, not persons, thus taxed as property but excluded from representation in congressional apportionment based on population.

    • Slaves counted as three-fifths of a person to bolster Southern state populations in Congress.

Advantages for Slave States

  • Statistical Impact:

    • Approximately 65% of South Carolina's population was enslaved.

    • Southern slave states secured 47 members of Congress in 1793 based on the three-fifths counting, compared to 33 members without counting slaves (source: Dooley, 93, 2015).

Theory & Practice: The Expansion of Political Rights

Voting Rights Act of 1965

  • Signed into law by President Lyndon B. Johnson.

  • Historical Context:

    • Southern states effectively nullified the Fifteenth Amendment until after World War II.

    • The Act abolished literacy tests and poll taxes that discriminated based on race.

  • Significant Historical Events:

    • In 1896, Louisiana saw African American voter registration plummet from 95.6% to 1.1% by 1904.

    • By 2012, African American voter turnout exceeded that of White voters for the first time in history.

    • 2013 case of Shelby County v. Holder allowed states to amend voting laws, previously restricted under the Voting Rights Act.

    • Laws requiring photo identification for voting in Texas and North Carolina were under scrutiny; disparities in identification possession were evident: 25% of African Americans compared to 8% of White voters lacked government-issued photo IDs.

    • Additionally, in Texas, $2.4 million eligible voters were likely to be turned away due to photo ID laws.

Ratifying the Constitution

  • Key Decision at the Convention:

    • Required that 9 out of the 13 state legislatures must ratify the Constitution for the new government to begin operations.

  • Political Divisions:

    • Ratification led to intense political debates, dividing the nation into two factions: Federalists and Anti-Federalists.

Federalists vs. Anti-Federalists

  • Federalists:

    • Advocated for a strong national government to effectively address national issues.

    • Notable supporters included George Washington, Alexander Hamilton, and Benjamin Franklin.

  • Anti-Federalists:

    • Mostly opposed the Constitution, fearing the new government would overpower state governments.