Origin & Development of the US Constitution Module 1.3: The Constitutional Convention

The Public Sector Problem Government tends to coalesce into one body Governments necessarily wield power Those who hold power are invariably led to abuse it (from Montesquieu) Governments tend to emerge as a single faction, destroying liberty in the name of preserving it

The Solution? Build upon factions that already exist in the United States Establish a multiplicity of faction where it would not otherwise form Set government and governments in tension with one another Institutionalize political power in separate potentially factious bodies Ensure regular pressure from interests outside government

Virginia’s Proposal Legislative power –Bicameral parliamentary legislature Lower house elected directly in states, numbers determined by population Upper house chosen by the lower house from candidates submitted by state legislatures Executive power –Unspecified number of executives –Chosen by the legislative power from candidates submitted by state legislatures Judicial power –One Supreme Court chosen either by the executive or by a combination of executive and legislative powers –Regional courts inferior to the Supreme Court –No state courts States PeopleLH UH Executive Judiciary

New Jersey’s Proposal Legislative power –Unicameral confederate Congress –Representatives chosen by state legislatures –Number of representatives vary by population –Each state votes with a single voice Executive power –An executive committee –One executive member from each state –Appointed by state legislatures Judicial power –One Supreme Court with federative and appellate jurisdiction –No inferior courts –States retain their respective judicial systems States People Executive Judiciary Legislature

Hamilton’s Proposal Legislative Power –Bicameral legislature Assembly –Directly elected in states –Three-year terms –Principal legislative authority Senate –Chosen by electors »Electors directly elected by the people in states –Serve “during good behavior” –Principal federative power, including declarations of war Executive Power –Unitary Governor Chosen by electors Same manner as the Senate Holds the negative on all public acts Executes law Sole appointment power Pardon power checked by the Senate Judicial Power –Judges Serve “during good behavior” Original jurisdiction in capture Appellate jurisdiction in all other federative matters except impeachment –State courts Established by the Legislature –Impeachment court Composed of chief justices of state courts States PeopleLH UH Executive Judiciary Electors

Connecticut Compromise Legislative Power –Bicameral legislature of co-equal houses House of Representatives –Chosen by apportioned districts –Two-year terms Senate –2 members per state –Chosen by state legislatures –Overlapping 6-year terms Executive Power –Unitary Executive President –Chosen by electors in states –Electors chosen according to state legislatures’ direction –Four-year term Other officers –Established by legislative power –Appointed in such manner as the legislature may direct Judicial Power –Federal Court system One supreme court Inferior courts established by the legislature Appointed by executive, approved by the Senate Serve ‘during good behavior” –State Court system Determined by state legislatures StatesPeople Executive Judiciary HRSenate Electors