What should we do with the Articles? They were given permission by the national congress under the Articles to meet and make a list ofsuggestions for possible revisions. This mind-set allowed a certain amount of freedom to create total changebecause in the end a delegate could say – we’ll its just a suggestion.
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? 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 1783changed 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 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
South 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 Commerce Compromise
$ 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.? 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 change Senate- 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.? 1787 and now H.O.R. – 2 years Senate- 6 years
Is re-election possible? Yes- Unlimited then and now should it be amended?
Type of Executive? 1787- single president with the ability to create positionspresident 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 advicethis 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 President Cabinet members are also secretaries of executive departments Executive Departments and Umbrella Agencies
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 majority if 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? “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 citizen Chief 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% Congresspower to create orders no approval Diplomacy no power 2/3 Senate 51% Congressno approval needed Leg- Veto no veto 51% congress override2/3 Overrideabsolute Pardon no power 2/3 approval 51 % approvalno approval needed Appointment no power 2/3 senate approval 51 % congressno approval needed War making no power approval neededapproval not needed absolute Congress controls funding
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 traditionof 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 Dual Court System State Court Federal Court Supreme Court State Superior Court Federal Court of Appeals State Appeals Court Lower Federal Courts based on topic, location, parties involved Lower State Courts based on topic, location, parties involved
Supreme Court 9 Supreme Court Justices 1 Chief Justice Appointed by the President Approved by the Senate Life long term Impeachment possible
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