Name: ______Date: ______Period: ____

Major Issues debated at the Constitutional Convention

1.  Should we be “The united States of America” or “The United States of America”?

a.  Should power rest in the states or the national government? Why?

b.  Who best represents the needs of the people?

c.  Role of a national government? (what can it do / what it can’t do)

d.  Can a large government be trusted to protect the rights of a potently unpopular minority interest (like slavery)?

2.  How should Congress reflect the will of the people?

a.  How should the government be structured? Advantages and disadvantages?

b.  How much power should each branch of government have and what specifics need to be considered about each branch (legislative, executive, judicial)?

c.  How should representation be decided? Advantages and disadvantages?

d.  How should voting in Congress take place?

e.  Should slaves count in the population?

3.  What should be done about the slave trade?

a.  Is it a state matter or a national matter?

b.  It is a moral issue or an economic issue?

4.  Do we need to guarantee individual rights?

a.  Should the government provide order or liberty?

b.  Does the Constitution protect existing state rights or does it supersede them?

c.  What recourse do the states or the people have to protect their rights from tyranny?

d.  Does a separate document need to express the “unalienable” rights of life, liberty, and the pursuit of happiness (property)?

Part One: Answer the questions above using the Virginia Plan and New Jersey Plans.

Part Two: Research your delegate to discover information on your delegate in this order:

a.  Personal background of your delegate

b.  How geography affected your delegate (location, occupation, religious beliefs)

c.  Delegate feelings and attitudes towards the five issues of the Mock Convention (personal and political purpose of being selected to attend)

d.  Enemies and allies of your delegate at the convention (regional backers or regional adversaries, personal friends/enemies, etc.)

e.  Did your delegate have a special role at the Constitutional Convention?

Research help:

·  http://www.archives.gov/exhibits/charters/constitution_founding_fathers_overview.html

·  http://www.archives.gov/exhibits/charters/constitution_founding_fathers.html

·  http://constitutioncenter.org/ncc_edu_Founders.aspx

·  http://en.wikipedia.org/wiki/List_of_signatories_of_the_United_States_Constitution

Part Three: Examine the issues addressed at the Convention and write a position statement for each as to how your delegate feels about that issue. You will use these at the convention during debate on the issues.

a.  Which of the two plans would he most likely agree with? Why would he support that plan (and be specific to your delegate)?

b.  How would your delegate tweak the plan he disagrees with to make it more acceptable?

c.  What personal, political, or regional concessions do you seek in order to vote for the resolutions?

d.  What are “non-negotiable” issues that if removed or added would result in you withdrawing support from the Constitution?

How the Articles of Confederation Answered the Questions

Question

1.  Should we be “The united States of America” or “The United States of America”?

  1. Should power rest in the states or the national government? Why?
  2. Who best represents the needs of the people?
  3. Role of a national government? (what can it do / what it can’t do)
  4. Can a large government be trusted to protect the rights of a potently unpopular minority interest (like slavery)?

Answer

1. The Articles of Confederation explicitly gives the states power over the national government.

a.  State sovereignty over national sovereignty due to fear of a strong central authority that can abuse its powers (i.e. – Great Britain)

b.  States Governments are more aware of the situations facing their own citizens then a national government hundreds of miles away

c.  To declare war, to set weights and measures (including coins), and for Congress to serve as a final court for disputes between states

d.  No, given past examples of British “oppression” (Intolerable Acts, taxation without representation, American Revolution). However, events like Shay’s Rebellion question the ability of even state governments protecting the rights of a minority (a reason for this convention in the first place).

Question

2.  How should Congress reflect the will of the people?

  1. How should the government be structured? Advantages and disadvantages?
  2. How much power should each branch of government have and what specifics need to be considered about each branch (legislative, executive, judicial)?
  3. How should representation be decided? Advantages and disadvantages?
  4. How should voting in Congress take place?
  5. Should slaves count in the population?

Answer

2. The Articles of Confederation (and the founders in general) did not trust the “will of the people,” which they would have referred to as the “will of the mob” (because the common person often reacts with passion instead of insight due to a knowledge gap on issues).

a.  State Governments maintain sovereignty as independent entities with the national government in charge of maintaining peaceful relations (mostly economic) between them. The national government is made up of one elected branch that picks a judiciary and executive.

b.  No real enforcement power given to the Confederation Congress. Members would decide from within the body a person to preside over Congress (similar to a Prime Minister, although with limited power).

c.  Each state, which was entitled to a delegation of between two and seven members (number determined by the state). Members of Congress were appointed by state legislatures. Individuals could not serve more than three out of any six years.

d.  One chamber with one vote per state (based on majority of each states delegates), majority rules (2/3 have to agree to add additional states, all have to agree to amendments).

e.  Since states set the number of delegates, the Articles of Confederation did not discuss this provision.

Question

3.  What should be done about the slave trade?

  1. Is it a state matter or a national matter?
  2. It is a moral issue or an economic issue?

Answer

3. The Articles of Confederation had no statement on the matter. During the Second Continental Congress (prior to passing the articles), however, discussions regarding blaming Great Britain for the creation and facilitation of the slave trade in the Declaration of Independence nearly led the body to dissolve.

  1. Given the difficulties at the Second Continental Congress, it was seen as a state matter.
  2. No language refers to it as either in this document, although at this time period it was generally considered an economic issue.

Question

4.  Do we need to guarantee individual rights?

  1. Should the government provide order or liberty?
  2. Does the Constitution protect existing state rights or does it supersede them?
  3. What recourse do the states or the people have to protect their rights from tyranny?
  4. Does a separate document need to express the “unalienable” rights of life, liberty, and the pursuit of happiness (property)?

Answer

4.  No, because the states are sovereign and therefore can set their own laws to best suit their own needs. Each state (and citizens of each state), however, must accept with faith and credit rulings, laws, and records passed in other states.

  1. National government should protect liberty only when threatened by an exterior foe or an internal disagreement between states.
  2. No right to supersede state laws.
  3. Amend or scrap the Articles Confederation.
  4. No, states decide those issues.

Madison (VA) – Virginia Plan of governance

C. Pinckney (SC) – Pinckney Plan of governance

Paterson (NJ) – New Jersey Plan of governance

Hamilton (NY) – British Model of governance

Sherman (CT) – Great Compromise

Wilson (PA) – Committee of Detail / 3/5th compromise

Randolph (VA) – Committee of Detail / refused to sign

Gerry (MA) – refused to sign

Mason (VA) – refused to sign (Bill of Rights)

Rutledge (SC) – Committee of Detail

Ellsworth (CT) – Committee of Detail / refused to sign

Gorham (MA) – Committee of Detail

Morris (NJ) – anti-slavery advocate

http://ratify.constitutioncenter.org/constitution/

http://www.constitutioncenter.org/timeline/flash/cw.html

http://www.congresslink.org/print_lp_mockconvention.htm