Shaping of the American Federal Constitution - Notes

The Shaping of the American Federal Constitution

Virginia Plan

The Virginia Plan proposed a federal state with a direct connection between the federal government and its citizens, differing from the indirect relationship of the confederation.
Representation in the federal legislature (Congress) would be proportional to the population of each state.
This was revolutionary because smaller, less populated states would have fewer seats than larger states.
The federal government would be appointed by the legislature,centralizing power.
A supreme court at the federal level would interpret the constitution and federal laws.
Residual powers (powers not explicitly given to the states) belonged to the federal government.
A council of revision, composed of the federal government and the supreme court, would have veto power over laws, which Congress could override with large majorities, preventing tyranny of the majority.

New Jersey Plan

The New Jersey Plan was a counterproposal submitted by smaller states to protect their rights, though it was expected to be rejected.
It proposed a legislature in which each state had equal representation, voting by slate (one vote per state).
It included a federal government, responding to post-Shays' Rebellion needs.
Congress would appoint and remove the federal government, similar to parliamentary democracies.
A council of governors could request Congress to remove the federal government, reflecting states' skepticism of federal power.
Federal supremacy was proposed only in areas of federal competence, as reflected in Article Six of the U.S. Constitution (the Supremacy Clause).
The plan granted the federal government power to regulate interstate commerce and customs duties, addressing weaknesses of the confederation.
The inability to manage trade conflicts among states convened Annapolis when they were informed about the Chase Rebellion.
States revenues came from the states to pay in proportion to the population. But after the urgency of defending the confederation, against British, the payment stopped. And that made the confederation weak.

Connecticut Compromise

The Connecticut Compromise created a bicameral legislature: a House of Representatives with state-proportional representation and a Senate with equal representation for each state.
State-proportional representation means the number of seats of a state is more or less related to the share of the population of that state in the overall US population. A lower share of your population in the overall US population, a lower number of seats.
The determination of state population is based on a census, as confirmed in the 1999 Supreme Court case House of Representatives v. Department of Commerce.
The Clinton administration wanted to use a sampling-based correction to the census, but the Supreme Court rejected it, because the constitution explicitly talks about "a census".
One chamber was considered the people's chamber, with elections every two years, allocating one seat for each $30,000$ inhabitants.
The other chamber, the Senate, was the state chamber, with members appointed by state legislatures.
The appointment of senators led to corruption, as rich business people started to buy those seats.
Senators were directly elected after the seventeenth amendment.
In 1913, the Seventeenth Amendment replaced appointment of senators by state legislatures with direct election, driven by the Progressive Era's reforms.

Progressive Era

The Progressive Era was a period of reaction to corruption, clientelism, and abuse of power, driven by journalists ("muckrakers") and media.
It was an era of mass immigration, rapid industrialization, and manifest destiny.
Massive immigration (specifically from Europe) and rapid industrialization are related to, a big labor force entering the US.
Manifest destiny is conquering the whole American continent as we know it today.
The Gulf Of Mexico.Oh, I'm sorry.The Gulf Of America.
It involved issues with large metropoles.
Clientelism, party leaders, providing jobs for people and when they became US citizen, loyal voters.
The huge capital concentration took action: monopolistic position and abuse of dominant power within specific sectors.
Pendleton Act of 1883: An act through which a merit system is being created in the growing days of growth of the federal public administration.
There was demand for antitrust reforms, the creation of the Federal Trade Commission in 1913, and the direct election of senators.

Composition of Congress & Executive Branch

The problem of the legislature's composition needed resolution because the constitutional convention was convened as a reaction to Shay's Rebellion.
The main goal to have the Philadelphia convention, was the decision that what was needed in the new American system was a government, an executive power.
Creating a government involved avoiding abuse of power (checks and balances) and protecting against legislative aggression.
The legislative branch was expected to remain the first branch, with judicial and executive branches limiting legislative power.
Connecticut Compromise: The solution created was, two houses, house of representatives and the senate.
The senate has euqual representation of each of the states.
The house, the composition would be state proportional.
The elections would be organized every two years, one seat at a time for each 30,000 inhabitants.
Members of the senate would be appointed by the state legislature of their own states.
In 1913, the Seventeenth Amendment replaced appointment of senators by state legislatures with direct election, driven by the Progressive Era's reforms.
The progressive era had massive immigration from Europe, rapid industrialization, manifest destiny, urbanization, clientelism, and capital concentration.
The progressive era brought reforms: antitrust, the creation of the Federal Trade Commission, and the direct election of senators via the Seventeenth Amendment (ratified in 1913, first direct elections in 1914).
The senate term is 6 years and has heat of public opinion should blow almost constantly at them.
Concern was that if Congress appointed the government, it would lead to political paralysis due to differing logics between the state chamber and the people's chamber.
There was a proposal to create an executive branch independent from the legislative branch.
The choice of a unitary presidency stemmed from the perceived failures of Virginia's multi-member government.
Executive power is vested in one person, the President of The United States.
The reference to president came from Charles Pinckney.
A special system of appointment/selection/election was needed for the president.
The question then was, what are you going to do when that person becomes guilty of power of abuse?

Electoral College

Hamilton in Federalist Papers #68 described the president should be elected by a number of men selected by their fellow citizens to get the smartest delibration

The electoral college act as a buffer between ordinary people, white man able to vote, so they tried to find a system that is seen as democratic, but is not prone to direct democracy.
The system the ruling classes, the farmer Elites created could be seen as democractic.
The number of seats in the electoral college is the sum of the seats in the house and the senate. Provides smaller states, the least populated states also has an advantage. because every state has at least two seats in the senate.
The state legislation decides how many members are going to be in the state of legislators.
There was a debate of people included to calculate the numbers of seats for each state. The Southern states were with slavery. So blacks not been included in voting.
Every American citizen, black people, were excluded and would count as one.
All other person count 60% which is three fifths.
This system solved a number of problems such as fear of democracy, fear of ruler classes that occurred in Shay's Rebellion, fear of the smallest state by the largest

State Legislatures & Electors

The method of appointed members of the electoral college is decided by the state legislations.
That member of the electoral college isn't in the constitution
The constitution says how many electors of certain states.
The state legislator says if they want to appoint people through elections.
Given the outcome of that it decides how the electors of state.
They apply through two expectations from Nebraska, the winner gets the states for electors in the state.
The campaign tried to change that, a state can the change of voters for the candidates who won the US popular vote.
The presidential election in the US are separated to organize elections on the same day.
Federal constutional rights protect voting to the house.
Article two, section one states the criteria for executive power.

Appointment of the Judicial Branch

Federal judges and the supreme Courts are appointed by the president.The president does nomitates federal jugdes and need to be confirmed by the senate.
When they are confirmed by the senate chamber advise them. Then they become judges for life during good behavior.
Veto used as a system from the Virginia plan both chambers need to overide
The first that acts with respect to taxes is the house and after the the senate can.

Checks and Balances

Checks and balances is when on branch has instruments to prevent encrochments by other branches.
System is not supposed to be an effort to become a parliamentary democracy.
Power abuses by the power can only be removed under their own system.
The impeachments
and removal procedure cant kick out the government.
Peachers from abuse power individuals.
House, senate judiciary
Senate trail chairs is there chief Justice, the president who will de defend it their case.
Article of impeachment is approved by at least two thirds of senators.
The trial will take place the Senate convened in closed sessions.
The vice president is going to be be in the lobby for senator because articles of the approval is approved by two third. Then there automatically from office. And president can never become the owner again or bare federal function. and the trial. After the trial in Senate the president, the executive of the legislation involvement because the chiefs are being involved and the judicial branch
It did happen 4 times.
Andrew Johnson has succeeded Abraham Lincoln and was too soft to the South.
Bill Clinton a
Made that joke once in The US when I was giving guest lectures in The US, and nobody was laughing. Nobody and and I asked, why is this? And and during the break was the students. He came to me and said, you know, as a non American, you shouldn't make these jokes.
Trump and the Zelenksy.
Zelensky Oh well, complicated story.
Then in the second impeachment he resigned because he was impeached.
There was a judiciary committee working on his impeachment. It was a very large majority including Republicans, people from his own party, who supported this impeachment. And then a small group of of Republican senators went to the White House,
And that's the reason why it's suddenly falling still is, because I have a name that I can't come up. The the senator from Arizona who was, the opponent of the Lyndon Johnson in the sixty four elections. Goldwater. Barry Goldwater. Yeah.
*The the system works under the leadership, berry Goldwater at the time.
Weakness in the system is that treason of poverty that was at the Philadelphia Convention, limited to 2 and expand it a little when powers get abused.

Party Discipline

Party loyalty prevents the system from working because there is always this doubt in legal terms between what Trump was doing and not doing what people were stormed at Capitol and there is a linkage.
Because of increasing party discipline and what led to the situation what are the 2 or the political group can punish the backbenchers in the congress.
The institution in the legislative branch, specifically executive, is going to lead to independent checks and power become disappear.
In terms of being strong in balance, and throughout the existence of American is system from the 20th century on.