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The Supreme Law of the Land

The Supreme Law of the Land. Chapter 4 in People’s. The Presidency. Madison’s Federalist view: Strong national government with 3 branches. The Presidency. Localist view:

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The Supreme Law of the Land

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  1. The Supreme Law of the Land Chapter 4 in People’s

  2. The Presidency • Madison’s Federalist view: • Strong national government with 3 branches

  3. The Presidency • Localist view: • Retain state sovereignty in a slightly restructured confederation, with limited powers of Congress and no national executive or judicial officers

  4. The Presidency • Wilson (Penn): executive consists of a single person • Randolph (Virginia): three men to safeguard against tyranny and avoid monarchy-like government

  5. Electing the President: Arguments • Gerry (Mass): governors to elect president with each state having two votes • Madison: the national legislature elects president (Prime Minister style) • Morris (Penn): the people should elect

  6. Electing the President: Debate • Morris: if legislators elect, then it will be the work of a faction, elected by a conclave, no true merit to the appointment

  7. Debate (con’t) • Sherman (CT): the people will not be adequately informed on candidates, and will thus vote for the person from their home state, the populous states will win the election (before Political Parties)

  8. Debate (con’t) • Morris: the President should be the guardian of the people, to protect from the wealthy legislative elite

  9. Well, How is the President Elected? • Pg 39 • Article II, Section 1;12th Amendment;20th Amendment

  10. Judicial Branch: Proposal to Appoint Justices

  11. Judicial Branch: Proposal to Appoint Justices • Madison: judges elected by the legislature • Wilson: opposed Madison; intrigue, partiality, and concealment were the necessary consequences of allowing lawmakers to choose judges • Rutledge: appoint by national legislature

  12. Proposal Debate • Wilson: the legislature should not elect because politicians reward their backers with prizes such as judicial offices • Rutledge: if the President appoints, then leans toward monarchy • Ben Franklin chimes in with humor Pg 41

  13. Proposal Debate • Madison: not by the legislature, legislators can help one another seek judicial appointments without proper qualifications • Pg 41

  14. Well, How are Supreme Court Justices Appointed? • Madison: the president nominates individuals; the Senate votes, needs 2/3 of votes • Article III, Section 2, Paragraph 2

  15. Supremacy Clause Debate Make the Constitution and federal laws the supreme law of the land- binding every state to federal law and enforcing it • Supremacy Clause Article VI, Section II • Supremacy Clause strengthens the Supreme Court’s power- Article III, Section 2 (Jurisdiction)

  16. Supreme Court’s Awesome Powers: Strike down laws of both states and Congress Many delegates seemed unaware they had granted these powers to the national judiciary when creating Article III Judicial Review of legislation was clearly understood when the Framers inserted the Supremacy Clause in the Constitution Supremacy Clause Debate

  17. Quiz • Meet with the members of your group to share any information, you have 5 min. • Write your name and date on a sheet of paper

  18. Quiz • Outline the arguments in the debate the representatives of the Constitutional Convention had on the Executive Branch. • Outline the arguments in the debate the representatives of the Constitutional Convention had on the Judicial Branch. • It is the year 1787, you have been summoned by Governor Peña to represent the state of Oz in the Constitutional Convention. Provide your thoughts on the debate.

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