Slide 1OverviewAnarchy v. TyrannyAnarchy v. TyrannyAnarchy v. TyrannyAnarchy v. TyrannyTwo ProposalsTwo ProposalsTwo ProposalsTwo ProposalsTwo ProposalsTwo ProposalsPrincipal IssuesPrincipal IssuesPrincipal IssuesPrincipal IssuesPrincipal IssuesPrincipal IssuesPrincipal IssuesPrincipal IssuesPrincipal IssuesNew National PowersNew National PowersNew National PowersNew National PowersNew National PowersNew National PowersNew National PowersNew National PowersNew National PowersWrap-upWrap-upPOLS 206: American National GovernmentMegan K. Dyer September 11, 2014OverviewLeft off:•Anarchy v. tyrannyToday: Keeping back anarchy1. Founder’s Dilemma2. Two Proposals3. Issues of the Convention•Representation•Slavery•The executive•Who gets to vote?4. National government’s new powersAnarchy v. TyrannyCan a free republic exist in so large a territory?•Institutional designImplicit comparison:•Gov’t under the Articles •Gov’t under the U.S. ConstitutionAnarchy v. TyrannyBrutus 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 peopleAnarchy v. TyrannyOther view:•Impending anarchy•States free-riding on public order•Need national gov’t with power to actAnarchy v. TyrannyOpinion swinging towards stronger national authorityRevising the articles•A big change? •Or just a revision?Two ProposalsNot all wanted to get rid of the ArticlesMadison’s agenda-setting•Setting the tone for scrapping the ArticlesTwo ProposalsMadison’s Virginia Plan:1. Three branches of gov’t: Legislature, executive, judiciary2. Representation in legislature based on state population3. Executive selected by legislature for single term4. Nat’l legislature can make any law & veto any state legislation!Two ProposalsArguments against the Virginia Plan:•Legislature dominated by large states•National legislature too powerful!•National gov’t too powerful!Two ProposalsGov. William Paterson’s New Jersey Plan1. Also 3 branches of gov’t2. Unicameral legislature with one vote for each state3. Plural (group) executive chosen by legislature4. National legislature has limited sphere of powers•BUT has power to tax the states & regulate commerceTwo ProposalsArguments against the New Jersey Plan:•Small states unfairly powerful•States are still too powerful!Two ProposalsWhich 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. Representation2. Slavery3. Role of the executive4. Equality in votingPrincipal Issues1. Representation•large states v. small states•How states and/or citizens should be representedThe Connecticut CompromisePrincipal Issues1. 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 Issues2. Slavery •Morality of slavery v. its legal ramifications•Was a Constitution that abolished slavery on the table?Principal Issues2. 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 & commercePrincipal Issues2. Slavery, con’t:•Southern states’ preferences v. northern states’ preferencesThree-Fifth Compromise•Aside: “free persons” & “all other persons.” (Art 1, Sect 2)•Aside: the slave tradePrincipal Issues3. Role of the ExecutiveTwo competing preferences1. Want strong, independent executive who could act quickly2. But worried about oppression by a tyrantPrincipal Issues3. 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 grantedUnity (VA plan) v. plurality (NJ plan)Principal Issues4. Equality in voting•Who should be allowed to vote?•Left to the states!•Aside: civil rightsNew National PowersSo what does this new union look like?How do its rules & institutions shape outcomes?New National PowersUnder the Articles:•Congress had few economic powers.•The states retained most economic powers.•Results?How this influences the Constitution:New National PowersMajor 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 & patentsNew National PowersPowers denied to the states (Art. 1, Sect. 10)•Coin money or issue paper money•Tax imports or exportsNew National PowersThe superiority of federal law!Supremacy Clause (Art. 6)•Federal law prevails over state laws & constitutions•Why would states agree to this?New National PowersNational gov’t has many more powers (p. 80)•Enumerated powers•Implied powers•Inherent powersNew National PowersEnumerated powers•explicitly listed•E.g. “to provide and maintain a navy”•E.g. “to regulate commerce”New National PowersImplied powers: •power to make laws “necessary and proper” to perform enumerated powersNew National PowersInherent 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-upWould 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 & checkedWrap-upNext: Avoiding