The Articles of Confederation were intentionally weak in order to protect state & individual liberties But, the Confederation inability of Government in the national New York City govt to tax & unify the states led to problems like Shays Rebellion In May 1787, 55 delegates held a Constitutional Convention in Philadelphia to discuss ways to strengthen the national govt
But instead of revising the Articles of
Confederation, they replaced it with the Constitution The Constitution was a The supremacy clause radical shift from the AOC establishes the because it gave more Constitution (not the power to the national govt states) as the "the than to the state govts supreme law of the land" The national government under the Constitution would have new features & powers that the Articles of Confederation did not have
Rather than a single unicameral Congress, the
new national government would be divided among three equal branches of government Like the AOC, Unlike the AOC, the new the govt had govt had a president a Congress (executive branch) to lead (legislative branch) the nation and enforce laws to make laws passed by Congress
Unlike the AOC, Unlike the AOC, the new govt
Congress had the had a court system (judicial power to tax & branch) to interpret laws and coin money prosecute federal crimes Delegates at the Constitutional Convention agreed on some major philosophical ideas for the new national government Popular Sovereignty: the people have power by voting for leaders Limited govt: even though the national government was stronger, citizens liberty was still protected Federalism: the national govt shares power with state govts Separation of powers: Checks & balances: each branch three branches with can limit the power of the others defined powers The delegates at the convention had to negotiate a series of compromises in order to agree on a framework for government
Many of these compromises dealt with
how representatives would be chosen from the states to serve in Congress Critical Thinking Question A: Large States vs. Small States The large states supported The small states the Virginia Plan which supported the a proposed adding a New Jersey Plan which president to lead the called for a unicameral nation and a bicameral congress in which states congress in which larger states have more are equally represented representatives just like the AOC The Great Compromise resolved the differences between the large & small states by creating a bicameral Congress In the Senate In the House of each state has Representatives, the 2 reps who number of reps is serve 6-year determined by each terms states population Critical Thinking Question B: Southern Slave States vs. Northern Free States Northern & Southern states could not agree whether or not to count slaves towards population size
If slaves are counted,
Southern states would have more votes and power in the House of Representatives The Three-Fifths Compromise allowed states to count three of every five slaves toward taxation and population size Critical Thinking Question C: To End Slavery or Not Many Northerners wanted to use the Constitutional Convention to end slavery, but Southerners threatened to leave the USA anytime slavery was discussed As a compromise for the South, the slave trade could continue for 20 more years & runaway slaves would be returned to slave masters James Madison negotiated and wrote much of the framework of the new government and is referred to as the father of the Constitution
Ronald Francis Smart v. William D. Leeke, Commissioner, South Carolina Department of Corrections Attorney General of South Carolina, 917 F.2d 1302, 4th Cir. (1990)