Constitutional Plans and the Great Compromise Study Guide to the Great Compromise

Overview of Constitutional Proposals and Government Development

• This lecture focuses on the specific plans and debates that occurred during the constitutional convention to determine the structure, development, and functionality of the new United States government.
• While several plans were proposed, the discussion centers on the Virginia Plan, the New Jersey Plan, and the eventual Connecticut Compromise (the Great Compromise).

The Virginia Plan: The Big State Proposal

• Background and Timeline: Submitted to Congress in late May (around May $29$, $1787$), the Virginia Plan was designed to favor states with larger populations.
• Structure of Government: The plan proposed a three-branch government, a concept that exists in the current United States system.
• Bicameral Legislature: The plan featured a legislature with two chambers where both chambers were proportional to population.     * Lower Chamber: Members would be elected directly by the people.     * Upper Chamber: Members would be elected by the lower chamber.     * Inherent Bias: Because representation in both houses was based on population, the largest states would effectively control the legislative branch.
• Executive Branch: The plan included an executive (often referred to in notes as the president) whose primary role was to ensure the will of the legislature was carried out. The executive was to be chosen by the legislature.
• Judiciary Branch:     * Judges would have life terms of service.     * Judges would be appointed by the legislature.
• Impeachment: The legislature held the power to impeach national officers.
• Veto Power:     * The executive and some members of the national judiciary would have the power to veto legislation, subject to legislative override.     * Use of judicial veto differs from the current system, where the judiciary cannot simply veto laws based on preference but must wait for legal challenges to reach the Supreme Court.
• National Veto over State Law: This was the most controversial aspect of the Virginia Plan. It proposed that the national government (controlled by big states) could veto any legislation passed by an individual state (e.g., small states like Rhode Island or Delaware). Small states felt this system would leave them with no power or voice.

The New Jersey Plan: The Small State Proposal

• Background: Proposed approximately two weeks after the Virginia Plan by delegates from New Jersey (a small state). This plan was a reaction to the Virginia Plan and aligned more closely with the original mandate of the convention: to tweak the existing Articles of Confederation.
• Congress and Representation: The current Congress would be maintained with a "one state, one vote" system. This ensured that large and small states maintained identical levels of power.
• New Congressional Powers: Congress would gain the authority to create national taxes and enforce their collection.
• Multiperson Executive:     * Fearing the rise of a king, the New Jersey Plan proposed an executive made up of several individuals (e.g., three or five people) who would divide power.     * The executive would be elected by Congress, creating a system similar to a Prime Minister (first among equals).     * Recall and Terms: These executives would serve only one term and were subject to recall by state governors, shifting ultimate power back to state leadership.
• Judiciary: Judges would be appointed by the executives, who themselves were under the influence of state governors.
• The Supremacy Clause: The plan established that the laws set by Congress would take precedence over state laws. This concept remains in the current Constitution.

Alternative Proposals: Pickney and Hamilton

• The Pickney Plan: Proposed by Charles Pickney. Its primary historical significance is that Pickney was the first to explicitly call the executive the "President."
• The Hamilton Plan: Alexander Hamilton proposed an executive called the "Governor" who would be elected but serve for life.     * The "King" Accusation: Critics often labeled Hamilton a "secret monarchist" because a life-term executive mirrors a monarchy.     * Negotiation Strategy: The instructor suggests Hamilton's plan might have been a "mic drop" or an extreme anchor point used to make other proposals seem more reasonable by comparison (the metaphor of asking to stay out until $4:00\,AM$ to get a midnight curfew).

The Great Compromise (Connecticut Compromise)

• Origin: Proposed by Roger Sherman of Connecticut. It combined elements of both the big state and small state plans and became the foundation of the current U.S. Constitution.
• Bicameral Legislature Structure:     * The House of Representatives (Lower Chamber): Representation is proportional to population. Every state, regardless of size, is guaranteed at least $1$ member.     * The Senate (Upper Chamber): Representation is fixed at exactly $2$ senators per state, regardless of population size.     * Examples: States like Wyoming or Alaska, which have populations smaller than the city of Austin, still receive $2$ senators.
• Power of the People and Revenue:     * To keep power close to the people, all bills regarding revenue (raising taxes) must originate in the House of Representatives.     * The Senate cannot start tax-raising bills.

The Issue of Slavery and the Three-Fifths Compromise

• Conflict: Slavery was a "hot button issue" that caused delegations to walk out. Massachusetts (which included the area now known as Maine) wanted to abolish it, while Georgia viewed abolition as a non-starter.
• Omission from the Constitution: The word "slavery" was largely left out of the final document to keep the states at the table.
• Slave Trade: The compromise stated that the international slave trade would end in the year $1808$. Founders incorrectly believed that ending the import of slaves would cause the institution to wither away; however, the population grew through natural birth rates.
• Representation vs. Rights:     * The South wanted slaves to count toward population totals to increase their seats in the House of Representatives and their votes in the Electoral College.     * The North was unwilling to give the South this power if those slaves were not given rights or the path to citizenship.
• The Trade/Port Compromise:     * After the Revolution, the British closed their ports to Americans. In response, Northern ports closed to the British.     * Southern states kept their ports open because Britain needed raw materials like cotton and timber.     * The Deal: The North agreed to a population compromise if the Southern states agreed to close their ports to British trade. The British eventually opened their ports worldwide to the U.S. because they needed Southern raw materials.
• The Three-Fifths Calculation:     * Slaves were counted as $\frac{3}{5}$ of a person for both taxation and representation.     * The number $\frac{3}{5}$ was chosen because it resulted in the North and the South having the exact same number of representatives—and thus the same number of Electoral College votes—in the very first session of Congress.

The Executive and the Prevention of Monarchy

• Paranoia Regarding Kings: Founders were extremely worried about executive overreach. Early state governors often had one-year terms and very limited power.
• George Washington's Influence:     * Washington was a national hero but gained trust by surrendering power after the Revolutionary War.     * Personal Circumstances: Washington had no biological children (likely due to contracting mumps as an adult, which can cause sterility). This eased fears of a hereditary monarchy as there were no "princes" to inherit the presidency.

The Electoral College System

• Origin: Put forward by James Wilson, a product of the Scottish Enlightenment. It was a novel concept with no real historical precedent.
• Logistical Challenges: In the $18^{\text{th}}$ century, transportation (mud roads) and communication were so poor that it could take two months to travel across the states. A direct national election on a single day was impossible.
• Mechanics:     * Instead of one national election, there were $13$ separate state elections (now $50$).     * Each state counts its own votes and certifies a slate of electors.     * Formula: The Number of Electors = Number of House Members + $2$ Senators. The minimum number of electoral votes per state is $3$.     * Certification: The winning team's electors sign certification documents at the state capital and send copies to the national government.
• Winning Threshold: In a departure from other high-bar constitutional requirements (like two-thirds or three-fourths), the president is elected by a simple majority of total electors: $50\% + 1$ vote.
• Original Intent vs. Reality: The founders did not anticipate political parties. They expected states to put forward their own candidates (e.g., $13$ candidates), which would likely prevent anyone from getting a majority. They originally intended for the House of Representatives to decide the winner most of the time. However, political parties formed by the end of Washington's first term, changing this dynamic.