POLS 206 American National Government Megan K Dyer September 11 2014 Overview Left off Anarchy v tyranny Today Keeping back anarchy 1 Founder s Dilemma 2 Two Proposals 3 Issues of the Convention Representation Slavery The executive Who gets to vote 4 National government s new powers Anarchy v Tyranny Can a free republic exist in so large a territory Institutional design Implicit comparison Gov t under the Articles Gov t under the U S Constitution Anarchy v Tyranny Brutus No 1 Feared the 13 states would be reduced into one great republic Small republics argument Large republics Too big too diverse Power too far removed from the people Anarchy v Tyranny Other view Impending anarchy States free riding on public order Need national gov t with power to act Anarchy v Tyranny Opinion swinging towards stronger national authority Revising the articles A big change Or just a revision Two Proposals Not all wanted to get rid of the Articles Madison s agenda setting Setting the tone for scrapping the Articles Two Proposals Madison s Virginia Plan 1 Three branches of gov t Legislature executive judiciary 2 Representation in legislature based on state population 3 Executive selected by legislature for single term 4 Nat l legislature can make any law veto any state legislation Two Proposals Arguments against the Virginia Plan Legislature dominated by large states National legislature too powerful National gov t too powerful Two Proposals Gov William Paterson s New Jersey Plan 1 Also 3 branches of gov t 2 Unicameral legislature with one vote for each state 3 Plural group executive chosen by legislature 4 National legislature has limited sphere of powers BUT has power to tax the states regulate commerce Two Proposals Arguments against the New Jersey Plan Small states unfairly powerful States are still too powerful Two Proposals Which plan would more effectively address problems under the Articles Which would be most likely to avoid a repeat of the experience w England Principal Issues At loggerheads Competing plans highlighted issues of 1 Representation 2 Slavery 3 Role of the executive 4 Equality in voting Principal Issues 1 Representation large states v small states How states and or citizens should be represented The Connecticut Compromise Principal Issues 1 Representation con t Connecticut Compromise included A bicameral legislature the House Senate House of Representatives based on state population Senate with 2 members from each state Aside 17th Amendment 1913 Principal Issues 2 Slavery Morality of slavery v its legal ramifications Was a Constitution that abolished slavery on the table Principal Issues 2 Slavery con t Slavery as a political and economic fact How to count those 1 6 of Americans who were enslaved For purposes of representation For purposes of taxation commerce Principal Issues 2 Slavery con t Southern states preferences v northern states preferences Three Fifth Compromise Aside free persons all other persons Art 1 Sect 2 Aside the slave trade Principal Issues 3 Role of the Executive Two competing preferences 1 Want strong independent executive who could act quickly 2 But worried about oppression by a tyrant Principal Issues 3 Role of the Executive con t Wanted the President to have very limited powers But able to act quickly strongly in areas where power is granted Unity VA plan v plurality NJ plan Principal Issues 4 Equality in voting Who should be allowed to vote Left to the states Aside civil rights New National Powers So what does this new union look like How do its rules institutions shape outcomes New National Powers Under the Articles Congress had few economic powers The states retained most economic powers Results How this influences the Constitution New National Powers Major economic powers of Congress see Art 1 Sect 8 Levy taxes pay debts borrow money Coin money regulate its value Regular interstate commerce foreign commerce Bankruptcy piracy counterfeiting copyrights patents New National Powers Powers denied to the states Art 1 Sect 10 Coin money or issue paper money Tax imports or exports New National Powers The superiority of federal law Supremacy Clause Art 6 Federal law prevails over state laws constitutions Why would states agree to this New National Powers National gov t has many more powers p 80 Enumerated powers Implied powers Inherent powers New National Powers Enumerated powers explicitly listed E g to provide and maintain a navy E g to regulate commerce New National Powers Implied powers power to make laws necessary and proper to perform enumerated powers New National Powers Inherent powers CONTROVERSIAL not explicitly stated stem from the nature of the U S as a sovereign state E g the executive power shall be vested in the P O T U S Wrap up Would all these new national powers be consistent with popular liberty National gov t seen as the greater threat a far away central power to be limited checked Wrap up Next Avoiding tyranny