Constitution Day 2006

Sponsored by

Vice President for Academic Affairs

NJCU Political Science Department

Program

“Roads Not Taken: Constitutional Ideas Proposed and Rejected at the Founding"

Dr. Moran, Political Science

“Your Rights Under Review: Race, Gender, and Class in the New Supreme Court”

Prof. Axel, Political Science

ProgramSpecial Constitution Day edition of

Hosted by:Dr. Moskowitz, Political Science

“Roads Not Taken:Constitutional

Ideas Proposed

and Rejected

at the Founding”

Prof. MoranNJCU

Political ScienceDepartment

Overview

We should reconsider the potential benefits of some provisions introduced but ultimately rejected at the constitutional convention

Outline

• The Articles of Confederation

• Background to the Constitutional Convention

• Structure of the National Government

Articles of Confederation

• First government of the United States was the one set up under the “Articles of Confederation and Perpetual Union”

• A “Confederation” may be understood as a “voluntary union of independent states”

Confederations

CB

D

States

A

Confederations

SG

SGSG

SG

SG = Sovereign Government

Confederations

SG

SGSG

SG

National

Government

National Government is not Sovereign

Articles of Confederation

• Based on a “firm league of friendship” among the states

• Power dispersed to the state governments

• Primary political attachment for most people was to the state rather than to the national government

Articles of Confederation

National Government

Could:

Levy Taxes

National Defense

Coin Money

Negotiate Treaties

State Governments Could:

Collect TaxesRetain MilitiasPrint Money

Determine Own Economic Policy

Decide Own Foreign Policy

Articles of Confederation

• Structure of National Government– Unicameral legislature with each state given

equal weight– No independent executive– No national judiciary

Constitutional Convention

• Charged with amending the Articles of Confederation

• Convenes on

14 May 1787 in the Pennsylvania State House (Independence Hall) in Philadelphia

The Legislature:One House or Two?

• The Legislative Branch– Edmund Randolph

(VA) proposed bicameral legislature based on population size (29 May)

– William Paterson (NJ) proposed a unicameral legislature, each state equal (15 June)

The Legislature:One House or Two?

– Alexander Hamilton (NY) proposed bicameral, one elected directly by people; the other from electoral districts (18 June)

– George Read (Delaware) proposed we eliminate states as political entities in favor of special electoral districts of equal population (25 June)

The Legislature:One House or Two?

• Debate deadlocks between Randolph and Paterson versions.

• On 16 July, smaller states (plus New York) agree to back plan of equal representation

• Randolph, on behalf of the larger states, makes motion to adjourn to ponder next move

The Legislature:One House or Two?

“Mr. PATTERSON, thought with Mr. R. that it was high time for the Convention to adjourn that the rule of secrecy ought to be rescinded, and that our Constituents should be consulted. No conciliation could be admissible on the part of the smaller States on any other ground than that of an equality of votes in the 2d. branch. If Mr. Randolph would reduce to form his motion for an adjournment sine die, he would second it with all his heart...” (Madison’s Notes to the Convention)

The Legislature:One House or Two?

• Advantages of Paterson plan– equal representation insured continuity with the

Articles government– equal representation insures that all states

would need to be considered on issues; that the larger states couldn’t dictate to the smaller states

The Legislature:One House or Two?

• Advantages of Paterson plan– Unicameral legislatures can function

• (e.g., Nebraska today; United Nations; indeed the Continental Congress itself)

– Without the extra legislative hurdle, more legislation could be passed

• (e.g., civil rights legislation, women’s rights legislation died in the Senate for decades)

The Legislature

• But if we have bicameral legislature, next issues raised were:– what do they represent?– in what proportion?– how long are the terms?

The Legislature: Representation

1. Population– Gouvenor Morris (PA),

Madison (VA)

2. Wealth– Contribution in taxes(e.g., John Rutledge, SC)

3. Geography– protect states (Patterson)– protect original 13 states

(Elbridge Gerry, MA)

The Legislature: Terms

• Annual Elections – Elbridge Gerry (12 June)

“The people of New England will never give up the point of annual elections, they know of the transition made in England from triennial to septennial elections, and will consider such an innovation here as the prelude to a like usurpation. He considered annual elections as the only defence of the people agst. tyranny.”

Madison’s Notes to the Constitution Convention

The Legislature: Terms

• Madison (12 June) proposes 3 year terms

“Instability is one of the great vices of our republics, to be remedied. Three years will be necessary, in a Government so extensive, for members to form any knowledge of the various interests of the States to which they do not belong, and of which they can know but little from the situation and affairs of their own. One year will be almost consumed in preparing for and travelling to & from the seat of national business.”

Madison’s Notes to the Constitution Convention

The Legislature: Terms

• Term Limits or not?– Some debate over whether or not members of Congress

should be allowed to seek re-election.

– Concern that the option to reelect will lead to a permanent political class, especially if the terms themselves are relatively long

The Executive

• Size/Composition of the Executive

• Terms of Office

• Who Elects the Executive

The Executive: Composition

• Edmund Randolph (VA); William Patterson (NJ)– a plural executive

• Single executive– James Madison

(VA)

The Executive: Composition

• Most democracies in the world have a plural or “collegial” executive

• In parliamentary democracies, like in the United Kingdom, the Prime Minister is “first among equals”

• Potentially limits power of the Prime Minister and allows for the removal of the Prime Minister without necessarily waiting until the next election

The Executive: Term of Office

James Wilson (PA), 3 year term, with option to run again

Roger Sherman (CT)3 year term, no option to run again

James Wilson (PA), Oliver Elseworth (CT)– Single 6 year term

The Executive• Charles Pinckney

(SC)

single 7 year term -- tentatively adopted by convention on 7 June

• William Davie (NC) – Single 8 year term

The Executive

• Alexander Martin (NC)– single 11 year term

• Elbridge Gerry (MA)– single 15 year term

• Rufus King (MA)– single 20 year term

“This is the medium life of princes “

The Executive: Mode of Election

Sherman (CT), Pinckney (VA), Mason (VA), Elsworth (CT) et. al. favored election by legislature

Wilson (PA): Election by the people

Gerry (MA): Election by Governors of the states

The Executive: Mode of Election

1. Advantages of Election by legislature:• Most democratic governments in the world

have adopted this mode of electing the executive with apparent success

• Better ensures that actions of the legislature will be faithfully executed and administered

The Executive: Mode of Election

2. Advantages of Direct Election by the People:

• More “democratic” since it provides an immediate connection between the governed and their government

• May increase voter interest in the campaigns and voter turnout in the election

Helpful Resources

1. Madison’s Notes to the Constitutional Convention Debates

2. Brief Biographies of the convention delegates

3. Documents Connected to the Founding Period

“Your Rights Under Review:Race, Gender and Class in the

New Supreme Court”

Prof. Axel

NJCU

Political Science

Department

Jeopardy Rules

• Teams select answers in rotation

• Answer must be in form of a question

• Teams designate a spokesperson to provide official final answer

• Penalty for wrong answers