Constitutional Convention 1787

Constitutional Convention 1787

What should we do with the Articles?

What should we do with the Articles?They were given permission by the national congress under the Articles to meet and make a list of suggestions for possible revisions.

This mind-set allowed a certain amount of freedom to create total change because in the end a delegate could say – we’ll its just a suggestion.

Structure of the Legislative Branch?

Structure of the Legislative Branch?Connecticut compromise- 2 Houses

one house based on equal representation- Senate- 2 per state (State’s house)

Another house based on population (435 total) seats shift with population shift (house of rep.) (The people’s house)

House of Reps.- $ bills start in House- “the people decide what they give to the government”

both houses “check and balance” each other

Will the slave population count toward representation?

Will the slave population count toward representation?

North feared- unfair representation by south

South feared northern dominance and argued that the southern lifestyle that also benefited the North led to small populations by south

taxation and representation could also be based on property values

3/5th Compromise (the federal ratio)

# derived from a previous amendment to the articles of conf. in 1783 changed taxation from property to population- south objected if slave population counted Virginia said- only ½ slaves New England said ¾ slaves Madison suggested 3/5th

amendment later failed to be ratified but the number was remembered by Madison

Madison suggested the old Federal Ratio (3/5th)

Not counting all of the slaves gave the south a sense of urgency to increase #, also this resulted in unfair political impacts- slave states dominated Presidency, electoral college, HOR, speaker of house, Supreme Court .

They were taxed on representation

Powers to Congress- Enumerated

Powers to Congress- Enumerated Tax

Declare War

Post offices

Create Laws

Regulate immigration

Check and Balance the President and Supreme Court

Article I Section 8- expressed powers

Necessary and Proper clause

Commerce Compromise$ Power of the Purse $

HOR – majority rules, Senate- majority rules but in reality 60/100 to pass a bill

Commerce Compromise

Commerce CompromiseSouth feared north would increase shipping rates, North feared that southern slavery would expand out of control.

Small sates feared that larger states would squeeze them out of foreign markets.

The South threatened Congress to have the impossible 2/3 vote on all trade laws.

Southerners (South Carolina and Georgia) wanted slave trade untaxed

(Mass, nh, sc, conn, ga) helped write up a compromise

Compromise

South to import slaves tax free- importation of slaves to end in 20 years

No tax on exports

Tax imports except slaves

Congress could decide on foreign trade with a simple majority vote

Results on slave trade- cheapened value of slaves= decrease in slave conditions

Regulate interstate trade

3/5th + no tax on slaves + 20 year limit= explosion of slave trade

SC has more slaves than white people- south doubles its voting power

$ Power of the Purse $

$ Power of the Purse $Congress has the ability to raise money (tax), create currency, issue bonds, and approve debt.

Congress also has the ability to determine who receives those national funds.

The “Power of the Purse” or the power to provide or cut funding has been a powerful unwritten check that the Legislative branch has had over the other branches and the states.

Who elects the Reps.?

Who elects the Reps.?1787- House of Reps- people, Senate- State Leg

Now- HOR- people, Senate- people , if a vacancy occurs during the term

Governor from that state appoints Senator to fill seat. (amendment 17 1913)

HOR- every 2 years- people move, attitudes changeSenate- every six years- difficult and expensive to have frequent elections.

HOR- people’s branch, Senate was the state’s branch – this has changed since 1913, The senate use to be elected by state leg, therefore forcing National Senators to adhere to state rights.

Term length of the Reps.?

Term length of the Reps.?1787 and now

H.O.R. – 2 years

Senate- 6 years

Is re-election possible?

Is re-election possible?Yes- Unlimited then and now

should it be amended?

Type of Executive?

Type of Executive?1787- single president with the ability to create positions president and vice president with advice and approval by the senate vs. HOR

national/state vs people

Executive/Senate vs HOR

Hamilton first suggest the term checks and balances to discuss relationship between S/HOR.

Now/Tradition

When Washington created the first cabinet he eliminated the need for Senate advice this limited their role to simply approval- thus changing a working relationship into a competitive check

National vs State and People

Executive vs Senate and HOR

The formation of the cabinet- also lead to an expanded executive branch

President & Vice PresidentCabinet members are also secretaries of executive departments

Executive Departments and Umbrella Agencies

Who elects the Executive?

Who elects the Executive?Electoral College System

People vote for electors that are selected by state legislators

number of electors per state equals HOR + S from state

usually a winner-take all but it depends upon state rules (plurality)

electors cannot currently be in government office

highest number of electoral votes- president, 2nd highest VP (changed by 12th amendment 1804)

Electoral votes needed= 270 , this is a majorityif 270 not obtained run-off election in HOR

elector votes are cast in December in state capitals

inauguration in January

A compromise that satisfies- people, states, national congress, big states and small states

Powers and Roles of the Executive?

Powers and Roles of the Executive?“Art. II- The executive power shall be vested in a President of the United States”- broad power leads to Increase of power.

executive orders

roles- chief leg, chief exe, chief diplomat, chief citizenChief of state, commander in chief, chief judiciary,

Executive privilege- tradition- established by separation of powers

Treaties, Executive – agreement, ex-leg agreement

Powers and Roles of the Executive?Presidential Powers and Congressional Relationship

Less Power More Power

Topic -------------------------------------------------------------------------------------------------------0 1 2 3

Executive no power 2/3 senate approval 51% Congress power to create ordersno approval

Diplomacy no power 2/3 Senate 51% Congress no approval needed

Leg- Veto no veto 51% congress override 2/3 Override absolute

Pardon no power 2/3 approval 51 % approval no approval needed

Appointment no power 2/3 senate approval 51 % congress no approval needed

War making no power approval needed approval not needed absolute Congress controls funding

Presidential Term and Re-election?

Presidential Term and re-election?1787- 4 years – unlimited re-election

Thomas Jefferson’s letters to Madison and Washington- Washington’s farewell address and refusal of 3rd term

Created a tradition of a two term limit

FDR broke from tradition elected in 1932, 1936, 1940, 1944. FDR died in office.

22nd amendment 1947- 2 term limit (10 years total)

Judicial Branch structure

Judicial Branch structure Dual Court System

Supreme CourtFederal Court State Court

Federal Court of Appeals

Lower Federal Courts based on topic, location,

parties involved

State Superior Court

State Appeals Court

Lower State Courts based on topic, location, parties

involved

Supreme Court

Supreme Court9 Supreme Court Justices1 Chief JusticeAppointed by the PresidentApproved by the SenateLife long termImpeachment possible

Traditions and debates of current Government

Traditions and debates of current Government

Federalist vs Anti-Federalist

“A Republic if you can keep it”- voting and pluralism

Checks and Balances

Judicial Review

Executive Traditions

Power of the Purse- earmarks, interest groups, pork

Bill of Rights Ratification process

Amendment Process

Unwritten Power- implied power

Political Parties