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| | The attendees thereby did not limit their actions to fixing the Articles of Confederation. This same debate rages today by calls for a constitutional convention to balance the budget (1980s) or, more recently, to protect traditional marriage. There is no way to limit what a constitutional convention does. This debate over whether a constitutional convention can be limited to a particular issue (e.g., saving traditional marriage) continues today, with many saying that there is never a way to limit a constitutional convention. The only real protection from a convention exceeding its scope is that its proposal must still be ratified by the states. | | The attendees thereby did not limit their actions to fixing the Articles of Confederation. This same debate rages today by calls for a constitutional convention to balance the budget (1980s) or, more recently, to protect traditional marriage. There is no way to limit what a constitutional convention does. This debate over whether a constitutional convention can be limited to a particular issue (e.g., saving traditional marriage) continues today, with many saying that there is never a way to limit a constitutional convention. The only real protection from a convention exceeding its scope is that its proposal must still be ratified by the states. |
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| − | '''Debate: Was it proper for the delegates to go beyond their authority to amend the Articles of Confederation, and instead propose a new constitution?" | + | '''Debate: Was it proper for the delegates to go beyond their authority to amend the Articles of Confederation, and instead propose a new constitution? |
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| | Dangers aside, the delegates proceeded to write a new constitution. They divided themselves into various committees to make the overall task more manageable. But what form of government would be sufficiently effective without being corrupted by power? Two plans attempted to answer this question. | | Dangers aside, the delegates proceeded to write a new constitution. They divided themselves into various committees to make the overall task more manageable. But what form of government would be sufficiently effective without being corrupted by power? Two plans attempted to answer this question. |
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| − | The first was submitted by [[Edmund Randolph]] and was called the [[Virginia Plan]], or the Large States Plan because it was favored by the larger states. Our three branches of government -- legislative, executive, and judicial -- originated in the Virginia Plan. Unlike the Articles of Confederation, this plan gave government the power to directly enforce laws. The Virginia Plan assigned delegates to both houses of Congress (a "bicameral" legislature) based on a state's population, and the legislature selected the chief executive (president) and the judges under this Plan. The Virginia Plan contributed much to the finished Constitution, although Edmund Randolph refused to sign it in the end. | + | The first was submitted by [[Edmund Randolph]] and was called the [[Virginia Plan]], or the "Large States Plan," because it was favored by the larger states. Our three branches of government -- legislative, executive, and judicial -- originated in the Virginia Plan. Unlike the Articles of Confederation, this plan gave government the power to directly enforce laws. The Virginia Plan assigned delegates to both houses of Congress (a "bicameral" legislature) based on a state's population, and the legislature selected the chief executive (president) and the judges under this Plan. The Virginia Plan contributed much to the finished Constitution, although Edmund Randolph himself refused to sign it in the end. |
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| − | In June 1787, William Paterson next proposed the [[New Jersey Plan]], which was more favorable to the small states and which departed less from the Articles of Confederation. This plan was favored by small states because each state was represented equally in Congress. This allowed small states to have an equal amount of power. The Virginia plan, in contrast would have allowed large states much more power than small ones because representation in Congress was based on population. | + | In June 1787, William Paterson next proposed the [[New Jersey Plan]], which was more favorable to the small states and which departed less from the Articles of Confederation. This plan was favored by small states because each state was represented equally in Congress. This allowed small states to have an equal amount of power. The Virginia plan, in contrast, would have allowed large states much more power than small ones because representation in Congress was based on population. |
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| | This conflict between the big and small states may have been the most difficult to resolve in the entire Convention. For weeks there was no progress. Then Benjamin Franklin proposed that each day be opened by prayer. He said, "In the beginning of the Contest with Great Britain when we were sensible of danger we had daily prayer in this room for the divine protection. - Our prayers, Sir, were heard, and they were graciously answered.... And have we now forgotten that powerful friend? or do we imagine that we no longer need His assistance? I have lived, Sir a long time, and the longer I live, the more convincing proofs I see of this truth - that God Governs in the affairs of men. And if a sparrow cannot fall to the ground without His notice, is it probably that an empire can rise without His aid?" But the delegates felt a minister was needed for that, and they could not afford one! | | This conflict between the big and small states may have been the most difficult to resolve in the entire Convention. For weeks there was no progress. Then Benjamin Franklin proposed that each day be opened by prayer. He said, "In the beginning of the Contest with Great Britain when we were sensible of danger we had daily prayer in this room for the divine protection. - Our prayers, Sir, were heard, and they were graciously answered.... And have we now forgotten that powerful friend? or do we imagine that we no longer need His assistance? I have lived, Sir a long time, and the longer I live, the more convincing proofs I see of this truth - that God Governs in the affairs of men. And if a sparrow cannot fall to the ground without His notice, is it probably that an empire can rise without His aid?" But the delegates felt a minister was needed for that, and they could not afford one! |
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| − | After many weeks of arguments, a compromise was reached. In July 1787, Connecticut delegate Roger Sherman proposed the Connecticut Plan, in which representation in the House would be proportional to population, and representation in the Senate would be 1 vote per state. This became the Great Compromise or the [[Connecticut Compromise]], and it resolved that Congress would have one house with equal representation and one house with representation based on population. This compromise became part of the Constitution (with the change that there would be two votes per state), and today we have both the House of Representatives and the Senate. | + | After many weeks of arguments, a compromise was reached. In July 1787, Connecticut delegate Roger Sherman proposed the Connecticut Plan, in which representation in the House would be proportional to population, and representation in the Senate would be 1 vote per state. '''''This became the Great Compromise or the [[Connecticut Compromise]], and it resolved that Congress would have one house with equal representation and one house with representation based on population'''''. This compromise became part of the Constitution (with the change that there would be two votes per state), and today we have both the House of Representatives and the Senate. |
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| | This compromise also reflected the spirit of the Constitutional Convention. Disagreements arose on a myriad of issues. Again and again, the delegates compromised, gradually formulating the Constitution that we still use today. | | This compromise also reflected the spirit of the Constitutional Convention. Disagreements arose on a myriad of issues. Again and again, the delegates compromised, gradually formulating the Constitution that we still use today. |
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| | And there was one additional compromise required for slavery: the new Congress could not ban the importation of slavery for 20 years, until 1808. | | And there was one additional compromise required for slavery: the new Congress could not ban the importation of slavery for 20 years, until 1808. |
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| − | The Constitution was written through the use of the following committees:<ref>http://www.usconstitution.net/constcmte.html</ref> | + | The Constitution was written through the use of the following committees, which illustrates how to organize a large group of people in order to accomplish a good result:<ref>http://www.usconstitution.net/constcmte.html</ref> |
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| | : Rules Committee, appointed May 25 in order to set rules for the convention, including Alexander Hamilton and Charles Pinkney | | : Rules Committee, appointed May 25 in order to set rules for the convention, including Alexander Hamilton and Charles Pinkney |
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| | : Committee of Style and Arrangement, appointed September 8 in order to revise the style and arrangement of the Constitution, including Alexander Hamilton and James Madison | | : Committee of Style and Arrangement, appointed September 8 in order to revise the style and arrangement of the Constitution, including Alexander Hamilton and James Madison |
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| − | After all the compromises and hard work of the committees, most (but not all) of the delegates at the Convention agreed to the final version of the Constitution; 39 (out of the original 55) signed it on Sept. 17, 1787 (now honored as "Constitution Day"). Next it was sent to the states for ratification, and the publicity and political arguments began. | + | After all the compromises and hard work of the committees, most (but not all) of the delegates at the Convention agreed to the final version of the Constitution; 39 (out of the original 55) signed it on Sept. 17, 1787 (now honored as "Constitution Day"). Next it was sent to the states for ratification, and then the "fun" began. There was bitter opposition by the Anti-Federalists who did not like the idea of a powerful new central government. |
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| − | The new government established by the Constitution is a mixture of other forms of government. At the time, nearly every country in the world was a monarchy. The new American government was the first of its kind.
| + | At the time, nearly every country in the world was a monarchy. The new American government was the first of its kind. |
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| − | The Constitution divides government into three separate branches that can check and balance each other. If one branch grabs too much power, then the other two can work to stop it. | + | The Constitution divides government into three separate branches that check and balance each other. If one branch grabs too much power, then the other two can work to stop it. |
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| − | The three branches are these: | + | The Articles of the Constitution are as follows: |
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| − | :The Legislative Branch makes the laws. Congress is established in Article I of the Constitution. The Executive Branch carries out the laws. The President's powers are established in Article II. The Judicial Branch interprets the laws. The Supreme Court is established in Article III. | + | :Congress (the legislative branch) is established in Article I of the Constitution. The Executive Branch (led by the President) carries out the laws as provided in Article II. The Judicial Branch (including the Supreme Court), established in Article III, interprets the laws. |
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| | :Article IV of the Constitution outlines the relationship between the federal (national) government and the states. | | :Article IV of the Constitution outlines the relationship between the federal (national) government and the states. |
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| | Every state except Rhode Island held a ratifying convention to consider adopting it. Many small states ratified the Constitution quickly (the first state to ratify it was Delaware), because they liked the idea of having equal representation in the Senate. But bigger states, such as [[Virginia]] and [[New York]], were more reluctant to give up their power to a national government. | | Every state except Rhode Island held a ratifying convention to consider adopting it. Many small states ratified the Constitution quickly (the first state to ratify it was Delaware), because they liked the idea of having equal representation in the Senate. But bigger states, such as [[Virginia]] and [[New York]], were more reluctant to give up their power to a national government. |
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| − | The debate over ratification in the large states pitted the Federalists (for example, Alexander Hamilton) against the Anti-Federalists (for example, Patrick Henry, Samuel Adams and John Hancock). Federalists supported the ratification of the Constitution. The Anti-Federalists opposed it, primarily because it lacked the Bill of Rights. | + | The debate over ratification in the large states pitted the Federalists (for example, Alexander Hamilton) against the Anti-Federalists (for example, Patrick Henry, Samuel Adams, George Mason, and John Hancock). Federalists supported the ratification of the Constitution. The Anti-Federalists opposed it, primarily because it lacked the Bill of Rights. |
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| − | Massachusetts became the sixth state to ratify the Constitution, but did so only after the Anti-Federalists Samuel Adams and John Hancock negotiated a compromise (the "Massachusetts Compromise") guaranteeing that the new Congress would immediately consider amendments to establish a Bill of Rights. Subsequently nearly all the ratifications by other states also demanded amendments as part of their ratifications. | + | Massachusetts became the sixth state to ratify the Constitution, but did so only after the Anti-Federalists Samuel Adams and John Hancock negotiated a compromise (the "Massachusetts Compromise") guaranteeing that the new Congress would immediately consider amendments to establish a Bill of Rights. Subsequently the remaining states also ratified it, many with the understanding that the Bill of Rights would be added to it. |
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| − | To persuade New Yorkers to ratify the Constitution, Alexander Hamilton, James Madison, and John Jay anonymously wrote the Federalist papers, which were a series of editorials that ran in a prominent New York newspaper. The most famous of these is Madison's Federalist No. 10: "Among the numerous advantages promised by a well constructed Union, none deserves to be more accurately developed than its tendency to break and control the violence of faction." Madison's insight was that a new United States of America, with its large size and separation of powers, could actually guard against tyranny and evil factions better than individual colonies could. The Federalist papers set forth the arguments -- like a debater's handbook -- to be used by supporters of the Constitution to obtain ratification in Virginia and New York, and the many other states that had not yet ratified. Later, the Federalist papers became a reference source for judges to use in interpreting what the Constitution means. | + | To persuade New Yorkers to ratify the Constitution, Alexander Hamilton, James Madison, and John Jay anonymously wrote the ''Federalist'' papers, which were a series of editorials that ran in a prominent New York newspaper. The most famous of these is Madison's Federalist No. 10: "Among the numerous advantages promised by a well constructed Union, none deserves to be more accurately developed than its tendency to break and control the violence of faction." Madison's insight was that a new United States of America, with its large size and separation of powers, could actually guard against tyranny and evil factions better than individual colonies could. The Federalist papers set forth the arguments -- like a debater's handbook -- to be used by supporters of the Constitution to obtain ratification in Virginia and New York, and the many other states that had not yet ratified. Later, the Federalist papers became a reference source for judges to use in interpreting what the Constitution means. |
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| | When the ninth state ([[New Hampshire]]) ratified the new Constitution on June 21, 1788, the Constitution became law of the land. Shortly afterward, the large states of New York and Virginia also ratified it. | | When the ninth state ([[New Hampshire]]) ratified the new Constitution on June 21, 1788, the Constitution became law of the land. Shortly afterward, the large states of New York and Virginia also ratified it. |
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| − | The final two states, North Carolina and Rhode Island, still opposed the Constitution and did not ratify it until George Washington began serving as president. North Carolina ratified it in 1789. Rhode Island, known for its "separation of church and state," wanted to hold onto its power to tax imports which the Constitution would take away from it and did not ratify it until the other 12 states threatened to boycott it. Rhode Island ratified it in 1790. | + | The final two states, North Carolina and Rhode Island, still opposed the Constitution and did not ratify it until George Washington began serving as president. North Carolina ratified it in 1789. Rhode Island, also known for its "separation of church and state," wanted to hold onto its power to tax imports which the Constitution would take away from it. Rhode Island did not ratify the Constitution until the other 12 states threatened to boycott it. Rhode Island ratified it in 1790. |
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| | The first ten amendments -- the Bill of Rights -- were passed by the first Congress in 1789 and ratified by all the states by 1791. New Jersey was the first to ratify the Bill of Rights. | | The first ten amendments -- the Bill of Rights -- were passed by the first Congress in 1789 and ratified by all the states by 1791. New Jersey was the first to ratify the Bill of Rights. |