Congress and the Constitutional Convention

Introduction to Congress

  • Discussion focus: Understanding the logic of congressional structures as established during the Constitutional Convention.
  • Aim: Connect institution structure to the intentions of the founding generation for a well-functioning society.

Midterm Notice

  • Current status: Midterm number one is in progress.
  • Reminder: Students must have the exam in their possession by 11 AM on Friday to take it at the testing center.
  • Encouragement: Students performing well or needing improvement should know that scores are not final.

Key Concepts: Constitutional Convention

  • Objective: To understand the basic plans presented at the Constitutional Convention.
  • Representation: Discussion of what entities deserve representation.

What is a Constitution?

  • Definition: A constitution is a formal legal framework for governance, policy-making, and political society.
  • Constitutionalism: The approach to structuring institutions and systems based on constitutional principles.
  • Aspects Discussed:
    • Legal Framework: Establishes rules on what is constitutional, rather than merely legal.
    • Policy-Making Framework: Tools and procedures for creating policies.
    • Institutional Framework: Outline of important institutions, such as:
    • Article I: Legislative Branch
    • Article II: Executive Branch
    • Article III: Judicial Branch
    • Political Framework: Defines characteristics of the political community and mandates frequent elections for accountability.
    • Unity Framework: The constitution serves to unite citizens and commands allegiance, as evidenced by oaths taken by military and officeholders.

The Journey to the Constitution

  • Early governance attempt: Articles of Confederation were deemed ineffective, described as a “dumpster fire.”
  • Significant Events:
    • May 14: Start of delegates arriving in Philadelphia; a quorum was needed to begin deliberations.
    • May 25: Enough delegates arrived (55 from 12 states, Rhode Island absent) to commence the convention.

Secrecy and Deliberation Rules

  • Deliberations were to be kept confidential to avoid external pressures.
  • Voting Rules:
    • One vote per state.
    • A majority required for a state’s vote to be counted in the total.

Delegates and Leadership

  • George Washington: Presided over the convention, lending credibility and trust to the proceedings.
  • James Madison: Instrumental in having Washington attend and guiding the direction of discussions.
  • Observations from the painting of the convention’s last day:
    • Uniformity in appearance among delegates masks significant ideological differences.

Major Divisions Among Delegates

  • Nationalists favoring strong central government vs. advocates for state sovereignty.
  • Conflicts based on population size (large vs. small states) and economy (slave labor dependence).

Key Discussion Topics: Representation

  • Federalism: Relationship between national government and states, encompassing representation forms.
  • Chief Executive: Debates over how to structure the executive branch.
  • Slavery: Controversial topic accommodating the “peculiar institution” in various indirect forms.

Madison’s Proposal

  • Agenda Setting: Madison steered deliberations with a clear framework for discussion.
  • Proposed Structure:
    • Bicameral legislature with one chamber elected based on state populations and another by the first chamber.
    • National executive chose by the legislature with a five-year term.
    • National judiciary also chosen by the legislature.
    • Legislative power emphasized as crucial, reinforcing the need for representation to align interests with constituents.
  • Sovereignty: Resided with the national government, positing a relationship of law and order.

Legislative Structure and Representation

  • Acknowledgement of distinct political interests and the need for varied representation as a check on power.
  • Importance of creating a balance of representation affecting legislative behavior.

The Virginia Plan vs. The New Jersey Plan

  • Virginia Plan: Proposed a strong federal government emphasizing population representation, criticized for centralizing power.
  • New Jersey Plan: Advocated for equal state representation in a unicameral legislature, avoiding overreach by larger states.
  • Compromise outcome: A bicameral system balancing population-weighted and equal state representation.

Significance of State Identity in Representation

  • Debate over the value of states as political entities versus representing individual interests.
  • Example of differing state identities:
    • Critique of arbitrary geographical boundaries forming state lines.
  • Legislative behaviors influenced by how representatives are elected and their constituencies.

Implications of Representation Structure

  • Single Member Districts vs. Proportional Representation:
    • Discusses the impact of electoral systems on representative accountability.
    • States emphasized different interests affecting how representatives behave in legislative contexts.

Conclusion

  • The foundational purpose of the constitution revolves around establishing institutional choices about governance and accountability.
  • Structure and representation significantly influence legislative dynamics and the overall functionality of the government.