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Term
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February 21, 1787: Continental Congress resolves that:
• “...it is expedient that on the second Monday in May next a Convention of delegates who shall have been appointed by the several States be held at Philadelphia for the sole and express purpose of revising the Articles of Confederation ...” |
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| The Philadelphia Convention |
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May 14 – First meeting, but no quorum present
• May 25 – September 17, 1787 • 55 delegates from 12 states |
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Two main camps:
• Broadly nationalist camp that favored strong central government
• Group of advocates for the states who feared centralized power |
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Secrecy • One vote per state • Committee of the Whole
• Committee of Detail
• Committee of Style • Washington presides |
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| Key Issues of the Convention |
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Representation • What relationship between the national government
and the people? • Federalism
• What relationship between the states and the national government?
• Executive • What kind of chief officer and how selected?
• Slavery • How to accommodate the “peculiar institution?” |
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| May 29: Edmund Randolph introduces the Virginia Plan |
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National legislature with 2 houses
• 1st House: Elected by the people, representation proportional to population
• 2nd House: Elected by the 1st House
National executive chosen by the legislature for one 5 year term
National judiciary chosen by the legislature
“Council of revision”:
• Executive and judiciary could review and veto national and state laws
Sovereignty in the nation |
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| Arguments Against the Virginia Plan |
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• Violated official purpose:
• “for the sole and express purpose of revising the Articles of Confederation”
• Violated state sovereignty
• Violated “small state” theory of republics/ democracies
• Government must remain close to the people • Citizens must share similar values/preferences |
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| June 15:William Paterson Presents the New Jersey Plan |
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Congress largely the same as under the Articles • Unicameral • Equal state representation
National executive • Could be a council • Single term, subject to recall by state governors
• Judiciary • Lifetime terms of service
• Retained State Sovereignty
• Laws set by Congress took precedence over state law, but . |
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Hamilton’s “British” Plan
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Bicameral legislature
• Lower house elected by the people for 3-year terms
• Upper house elected by electors chosen by the people, lifetime term of service
Executive (called the Governor) • Elected by electors, lifetime term of service • Absolute veto over bills
Judiciary • Lifetime term of service
State governors appointed by the national legislature National veto power over any state legislation |
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| Equal representation for each state vs. Representation weighted by population? |
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| May 29: Edmund Randolph introduces the Virginia Plan |
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Definition
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National legislature with 2 houses
• 1st House: Elected by the people, representation proportional to population
• 2nd House: Elected by the 1st House
National executive chosen by the legislature for one 5 year term
National judiciary chosen by the legislature
“Council of revision”:
• Executive and judiciary could review and veto national and state laws
Sovereignty in the nation |
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| Representation: Argument for States |
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Definition
| States have unique interests as states; these state interests must be represented equally |
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| Representation:Argument for Weighting by Population |
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| The great diversity of interests must be represented; individual interests should be represented equally |
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| How to Resolve the Differences? |
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Twolegislative bodies
• Senate representing the state
• House of Representatives representing the people as individuals |
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The strongest electoral connection • Frequent elections
• Every two years • Smaller districts
• In 1790 each legislator represented about 30,000 people. Today each House member represents around 710,000 people. |
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| Always Running for Re-Election |
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“...the House of Representatives is so constituted as to support in the members an habitual recollection of their dependence on the people.”
~ James Madison, Federalist #57 |
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A weaker electoral connection
• Senators run every six years, instead of every two years.
• And until 1913—with the passage of the 17th amendment—Senators were elected by the state legislatures.
• Two senators per state means large and diverse constituencies for most senators. |
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• Filters of consent
• Much more distant from the people
• Only connection is the appointments process. |
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• The form of consent matters!
• Different forms of representation, including indirect representation, can actually improve self-government. |
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• Divide sovereignty between states and national government
• Preserve the smaller units (states) so cherished by so many |
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| Federalism: Vertical Division of Power-STATE |
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| Crime Property Rights Education Domestic Order Local Commerce |
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| Federalism: Vertical Division of Power-NATIONAL |
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| Defense Diplomacy Foreign Trade Interstate Commerce |
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The Constitution is a series of compromises on key issues surrounding how to govern.
• Decisions about issues like the form of representation or the division of sovereignty have a profound effect on the way government works. |
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