LECTURE 4 Three Big Issues 7 12 13 Last time we talked about the VA Plan vs the NJ Plan the compromise committee they formed The debate over these structural plans was 1 of the 3 biggest issues of the convention The Big 3 Issues of the Convention Representation Executive Branch Slavery Debate pitting big states vs small states on representation in legislature was crucial part of the argument over VA plan vs NJ plan What came out of the compromise committee on govt structure and representation in legislature The Great Compromise o Like its name it combined the greatest elements from both plans that both could agree on and included stuff that wasn t mentioned in the individual plans The Great Compromise included A bicameral two chamber legislature o House and senate House of representatives is based on population part of VA plan o Texas California etc would get more bc they are bigger o Representatives are elected in two year terms Senate with two representatives from each state that is nominated by the legislature NJ plan o Until 1913 the passage of the 17th amendment senators were not directly elected o Senators are elected in six year terms Aside from representation in legislature most of other disagreements btwn VA plan NJ plan were not as intense One exception o The role of the executive Founders had to balance 2 competing preferences about the executive Founders wanted executive to be Strong independent executive who could act quickly o In part due to weak executive under the Articles who couldn t do anything useful to execute laws that congress made or effectively fight a war But were also worried about oppression by a tyrant o In part due to direct experience with the king of England condition of world at the time many absolute monarchs general fear of the corrupting influence of power on people The Founders intended the President to have very limited powers Especially in legislating the presidency was not originally imagined to be the informal agenda setter or rallyer of public opinion that it is today o But those actions are not unconstitutional they would just have surprised the Founders o Some other parts of the contemporary executive branch like the huge growth of the executive led bureaucracy executive orders would probably have been thought unconstitutional by many Founders But the president is able to act quickly and strongly in the powers that are in the constitution SANA LOVES YOU You can also observe the relative importance the founders placed on each branch of government by looking at the amount of time spent on each branch in the constitution Congress Article 1 gets by far the most words The President Article 2 gets some powers words but not as much as congress The Supreme Court lower courts that were established Article 3 has very little written about it The President is selected through the Electoral College Result of a compromise States Congress and citizens have role in decision process Numbers of electoral s plus equal number of members in the House Senate House decides by state legislators if no candidate receives absolute majority at least 270 of 538 electoral votes The Constitution makes the President Independent of Congress Supreme Court o Has authority to execute or enforce the laws that Congress makes o Has authority to check ambitious legislature through the veto o Requires supermajority two thirds of Congress to override a President s veto Has other independent powers commander in chief etc called Enumerated Powers Article II Section 2 3 But Even where the president is independent Congress has the ability to check his or her behavior President is Commander in Chief but Congress is the one who declares war He conducts foreign policy by making treaties appointing ambassadors but Senate has to approve them CHECKS BALANCES In these ways the Constitution reflects the delegates desire to allow President to act swiftly decisively with executive power but only in specific areas checked by Congress 07 12 2013 07 12 2013