POSC 225 1st Edition Lecture 5 Outline of Last Lecture II. Federalist 22 (cont’d)A. Definition of regulon III. Video – Creating a Constitutiona. Articles of Confederation: b. Philadelphia ConventionIV. The Constitutiona. Article 1 Section 2b. SlaveryV. Constitutional Convention – 1787a. Contextb. Annapolis Convention – 1786c. Philadelphia Convention – 1787Outline of Current Lecture VI. Constitutional Convention – Cont’dVII. VA Plana. Main Thrustb. New PowersVIII.New Jersey Plana. Main Thrustb. New PowersIX. Ratification Debatesa. Anti-Federalistsb. FederalistsCurrent LectureConstitutional Convention – Cont’dThere was widespread agreement that:1. Crisis was looming, the Articles of Confederation were broken, we need a new constitution. Shay’s rebellion was a prime example of the crisis looming.2. National government needed an independent form of revenue AKA power to tax.3. National government needed to regulate commerce. 4. National government needed to raise an army.These notes represent a detailed interpretation of the professor’s lecture. GradeBuddy is best used as a supplement to your own notes, not as a substitute.5. National government needed to enforce the laws it passes.So suddenly this government has power over your life, liberty, property. What’s the problem? Restrain the unicameral government. This is why they started over for a new constitution. REMEMBER – these founding fathers read history to apply it to their day and time. So when the militia burst into the hall where the delegates where meeting in Philadelphia it supported the fear that no revolution has ever ended in true democracy. So the sessions met in secret.Voting would happen by state.The delegates were tasked with amending the articles of confederation in order to render the constitution capable of governing, and workable. An adequate government. So James Madison argues that they couldn’t both only revise the Articles of Confederation (make slight changes) AND make it workable. They had to throw out the former in order to create a brand new Constitution.VA PLANSo James Madison penned the Virginia Plan. As a good politician, he thought to himself “If I come to the constitutional convention with a plan, I can direct the conversation”. And he was right – no one else showed up with a plan. Madison had experience as well – he served 3 years in Federal Congress, and 3 years in the VA State Legislature. Main thrust: increase powers of national government while reigning in the powers of the states.VA Plan Included:- Bicameral legislature in order to have checks and balances.- Proportional representation in both chambers (Madison fights valiantly for this but ultimately loses)- House of Representatives popularly elected.-Senate chosen by the House from a list of nominees provided by state legislature.- Executive was chosen by the Congress; ineligible for reelection. Madison changed his mind about this (one reason these meetings were secret, to allow for frank discussion and the changing of sides). BECAUSE it makes the President to dependent on Congress. - Judges to serve during “good behavior” AKA a life term until voluntary retirement or death.- Council of revision (executive AND supreme court) would have absolute veto power overcongressional vote (NOTE: This is an earlier version of the presidential veto).- There would be a congressional veto over state laws. This was not well received and ultimately not accepted, according to Jefferson “the patch is too large”.- Ratification (of this proposed constitution) by popularly elected ratifying conventions in each state (9 required to ratify). This was an effort to bypass the state legislature: delegates knew they would not ratify. NEW POWERS:1. Power to tax (unlimited)2. Power to regulate commerce3. Power to raise an army4. Courts have ORIGINAL and APPELLATE jurisdiction. Objections to these new powers were in the details, not the overall content.Original jurisdiction: Cases originate at this court – these are called “trial courts”. Delegates realized that there needed to be a national court to hear trials that couldn’t take place in any one state court [eg] trials between states. Apellate jurisdiction: Cases that have been appealed in lower trial courts appear before the supreme court.NOTE: Until 1913 and the 17th amendment, State legislature chose the senators just like it says in the VA plan. New Jersey PlanWilliam Patterson of NJ penned this to counter Madison. From the smaller states, his thinking was probably along the lines of “How do I stop Madison’s big state agenda” and lobby for proportional representation. We see this in the fact that after the Great compromise, the NJ Plan disappeared. So he was haggling for representation but didn’t really care about the other smaller details in the NJ plan.Main Thrust modest increase in national power, while preserving more of the Structure of Articles.- Unicameral Legislature- Plural executive -> there would be a panel or committee of presidents that would governcollectively, keeping each other in check.- National judiciary with only appellate jurisdiction. They could only hear appeals and the state court would still be the primary trial court. This displays the jealousy (suspicion) of national powers. NEW POWERS:1. Power to tax (limited)2. Power to regulate commerceRatification DebatesPatterson’s NJ plan did speak to a culture of jealousy of national power.When ratification began essentially a newspaper war ensued as the constitution is relased tothe states to be debated. NOTE: constitution had no bill of rights at this point this is the only thing the anti federalists won eventually. ANTI FEDERALISTS – At the time “federal man” refered to a patriotic person that wanted to retain the union, that supported everything the Revolutionary War accomplished. AlexandarHamilton pulled a PR stunt by beginning to publically refer to the people opposing the constitution as “anti-federalists”. Although they were NOT opposing the union of the states, they were merely opposing this constitution.All of the Anti-Federalist papers were written under pseudonyms. Brutus was probably Yates. Then Hamilton, Madison and John Jay write responses to the Anti-Federalist papers and they become published as the Federalist papers.What’s problematic about the constitution according to the Anti-Federalists?1. The central govenrmetn is too powerful2. There is a danger that