CYBERLAND UNIVERSITY OF NORTH AMERICA

Dr. Almon Leroy way, Jr.

University President & Professor of Political Science

FOURTH PAGE

NOTES ON THE FEDERAL CONSTITUTIONAL CONVENTION OF 1787
& THE CONSTITUTION OF THE UNITED STATES

(Continued)


AMERICAN NATIONAL GOVERNMENT UNDER
THE CONSTITUTION OF THE UNITED STATES



THE ORIGINAL SCHEME OF NATIONAL GOVERNMENT--THE SCHEME OF NATIONAL GOVERNMENT PROVIDED FOR IN THE U.S. CONSTITUTION, AS PROPOSED BY THE FEDERAL CONSTITUTIONAL CONVENTION & RATIFIED BY THE 13 STATES:

      THE U.S. CONGRESS--A BICAMERAL NATIONAL LEGISLATURE:

            THE U.S. HOUSE OF REPRESENTATIVES--THE LOWER HOUSE:

                  Seats in the House apportioned among the states
                  according to population.

                        Each state entitled to a number of House
                        seats based on that state's total free
                        population and three-fifths of the
                        slaves.

                  House seats were to be filled by direct popular
                  election--the U.S. Representatives being elect-
                  ed to TWO-YEAR TERMS, all terms expiring at the
                  same time.

                        [Once elections began to be held under
                        the U.S. Constitution, the states quickly
                        adopted the following practice for U.S.
                        House elections:

                              The legislature of each state di-
                              vided the state into a number of
                              CONGRESSIONAL DISTRICTS (U.S. House
                              election districts) equal to the
                              number of seats the state was en-
                              titled to fill in the U.S. House.

                              The voters in each congressional
                              district elected one member of the
                              U.S. House of Representatives.
 
                              The foregoing practice is now re-
                              quired by federal statute.]

                  All revenue bills had to originate in the House
                  of Representatives.

            THE U.S. SENATE--THE UPPER HOUSE:

                  Egual representation of the states in the U.S.
                  Senate.

                        Two U.S. Senators chosen by each state.

                  A state's two Senators elected by the legisla-
                  ture of that state.

                  U.S. Senators elected to SIX-Year Terms, STAG-
                  GERED--with the terms of one-third of the Sen-
                  ators expiring every two years.

                  While all revenue bills had to originate in the
                  House of Representatives, The Senate possessed
                  the full power of amendment.

            THE POWER OF ABSOLUTE VETO OVER NATIONAL LEGISLATION:

                  Each of the two chambers of Congress was to
                  have the power of absolute veto over national
                  legislation.

                        A majority in either house could prevent
                        enactment of a law approved by a majority
                        in the other house.

            THE CONSTITUTIONAL POWERS OF CONGRESS:

            (1)  All the powers granted to Congress by the Arti-
                 cles of Confederation;

            (2)  Many other powers, including power to--

                 (a)  Regulate interstate and foreign commerce;

                 (b)  Lay and collect taxes.

                      Included in the taxing power of Congress
                      was authority to levy the following kinds
                      of taxes:

                      INDIRECT TAXES:

                         Excise taxes--taxes on goods produced
                         and sold within the U.S.A.;

                         Import taxes--tariffs and customs duties
                         on imports.  [Power to levy export taxes
                         denied to Congress by the Constitution.]

                      DIRECT TAXES:

                         Capitation taxes--head taxes, or poll
                         taxes;  [CAPITATION TAX:  A tax per per-
                         son, levied on each person's head.]

                         Land taxes--taxes on real estate.

                         [All federal direct taxes had to be ap-
                         portioned among the states according to
                         population.]

      THE PRESIDENT OF THE U.S.A.--THE NATIONAL CHIEF EXECUTIVE:

            UNITARY EXECUTIVE:

                  The top executive authority in the national
                  government was to be a single office occupied
                  by one person.

                  And that top executive officer, the President,
                  was to--

                        Possess and exercise substantial authori-
                        ty under the Constitution.

                        Be fully in charge of the executive
                        branch of the government;

                        Be constitutionally separate from and
                        largely independent of the legislature.

                  THE UNITARY EXECUTIVE--SOURCES OF THE IDEA IN
                  PAST POLITICAL EXPERIENCE:

                        In American states, the office of Gover-
                        nor in New York and Massachusetts.
                        [The New York Constitution of 1777 and
                        the Massachusetts Constitution of 1780.]

                        The office of Governor in most of Brit-
                        ain's North American colonies prior to
                        the troubles leading up to the colonial
                        rebellion and the War for Independence.

                        The office of Monarch in the English/
                        British government during the late 16th.,
                        17th., and 18th. centuries.          

            HOW THE PRESIDENT WAS TO BE CHOSEN:

                  The President was to be INDIRECTLY ELECTED.

                  The President was to be elected by an ELECTORAL
                  COLLEGE.

                  The Electoral College would consist of PRESI-
                  DENTIAL ELECTORS chosen by the states.

                        Each state would chhose a number of pres-
                        idential electors equal to the total num-
                        ber of Senators and Representatives to
                        which the state was entitled in the U.S.
                        Congress.

                        In each state, the method  of choice of
                        that state's presidential electors would
                        be determined by the state legislature.

                  The U.S. Constitution did not (and still does
                  not) call for popular election of presidential
                  electors.

                        Presumably, the Framers of the Constitu-
                        tion expected the legislature of a state
                        to choose the presidential electors for
                        that state.

                  The historical evidence indicates that the
                  Framers also expected each presidential elector
                  to vote INDEPENDENTLY in the presidential elec-
                  tion.

                        They expected each presidential elector
                        to vote according to his own judgement
                        and convictions regarding what was best
                        for the country.

                        The Constitution did not (and still does
                        not) stipulate that the presidential
                        electors vote in accordance with the
                        wishes of the voters in their respective
                        states.

                              [It is long-standing political
                              tradition (long-standing political
                              custom)--not the Constitution--
                              which dictates that presidential
                              electors reflect the wishes of the
                              voters in electing the President.]

                  Incumbent members of Congress and other office-
                  holders in the national government were to be
                  ineligible for election as presidential elec-
                  tors.

                        The Congress would be prevented from
                        electing the President.

                              The election or reelection of the
                              national chief executive would not 
                              be dependent upon majority support
                              in the national legislature.

            THE PRESIDENT'S TENURE OF OFFICE:

                  The President' term of office was to be four
                  years.

                  Prior to the addition of the Twenty-second
                  Amendment to the U.S. Constitution in 1951, no
                  limit on the President's eligibility for re-
                  election was stipulated in the Constitution.

                        The Constitution placed no limit on the
                        number of four-year terms a person could
                        serve as President.

            THE PRESIDENT'S VETO POWER OVER NATIONAL LEGISLATION:

                  The President was to possess a very strong, but
                  not absolute, veto over congressional legisla-
                  tion.

                        The President was to have what is known
                        as a "CONDITIONAL," or "SUSPENSIVE,"
                        veto.

                  A bill passed by the two houses of Congress
                  could not become law without the President's
                  consent and signature--

                        UNLESS each of the two houses voted by at
                        least a two-thirds majority to override
                        the President's objection to the bill.

            THE PRESIDENT'S TREATYMAKING POWER:

                  The President would have power to make trea-
                  ties, subject to ratification by a two-thirds
                  vote in the U.S. Senate.

                        No treaty could go into effect as Ameri-
                        can law until--

                              The President had submitted it to
                              the Senate;

                              The Senate had, by at least a two-
                              thirds vote, ratified the treaty.

      THE FEDERAL JUDICIARY--THE U.S. COURTS:

            The judicial branch of the national government would
            consist of--

                  The Supreme Court of the United States;

                  Such lower federal courts as Congress might
                  create by law.

            The U.S. Courts would hear and decide cases under
            NATIONAL law.

            The state courts would hear and decide cases under
            STATE law.

                  In a given state, the courts of that state
                  would hear and decide cases under its own laws.

            The court system at each level--federal and state--
            would have its own separate jurisdiction.

            The U.S. Supreme Court would--

                  Be the highest federal court;

                  Have the right of final judicial decision in
                  in all federal cases brought before it.

            Federal judges (including U.S. Supreme Court jus-
            tices) were to be appointed by the President, subject
            to the consent of the U.S. Senate.

                  Before a judicial appointment could go into
                  effect, the appointment would have to be con-
                  firmed by majority vote in the Senate.

            A federal judge's term of office was to be DURING
            GOOD BEHAVIOR.

                  That is, he could hold his office as long as
                  he lived or as long as he did not commit an
                  impeachable offense.

      THE NATIONAL SUPREMACY CLAUSE:

            The U.S. Constitution, like the New Jersey Plan and
            the Articles of Confederation, contained a NATIONAL
            Supremacy Clause.

            The National Supremacy Clause in the U.S. Constitu-
            tion made the Constitution, treaties, and all consti-
            tutionally valid laws of Congress the "SUPREME LAW OF
            THE LAND" in the U.S.A.  [Article VI, paragraph 2]

            The clause also declared that all judges on the state
            courts were bound by the supreme law.

                  The state courts had to recognize the supreme
                  law and refuse to uphold contrary state laws
                  and policies.

      PROCEDURE FOR AMENDING THE U.S. CONSTITUTION:
      [U.S. Constitution, Article V]

            TWO METHODS OF PROPOSING AMENDMENTS:

            (1)  PROPOSAL BY CONGRESS:

                 Congress, by at least a two-thirds vote in each
                 of the two houses, proposes an amendment and
                 submits it to the states.

            (2)  PROPOSAL BY A FEDERAL CONSTITUTIONAL CONVENTION:

                 At least two-thirds of the state legislatures
                 petition Congress to call a Federal Constitu-
                 tional Convention to propose amendments.

                 The Federal Convention, by majority vote, pro-
                 poses one or more amendments and submits them to
                 the states.

            TWO METHODS OF RATIFYING AMENDMENTS:

            (1)  RATIFICATION BY STATE LEGISLATURES:

                 Legislatures in at least three-fourths of the
                 states ratify the amendment.

            (2)  RATIFICATION BY STATE CONVENTIONS:

                 Popularly elected state conventions in at least
                 three-fourths of the states ratify the amend-
                 ment.

            When a proposed amendment is to be submitted to the
            states, Congress determines which of the two methods
            of ratification will be used by the states.

      Either method of proposing an amendment can be used with
      either method of ratifying the amendment.

      The President has no formal say regarding a proposed amend-
      ment.

      THE ENTRENCHED CLAUSE:

            The very last clause in Article V provides that "no
            state, without its consent, shall be deprived of its
            equal suffrage in the U.S. Senate."

            This provision means that no state, without its ap-
            proval or agreement, can be deprived of equal repre-
            sentation, or equal voting power, in the U.S Senate.

                  A proposed amendment changing the basis of rep-
                  representation in the Senate to something other
                  than equal representation of the states in that
                  chamber would have to be ratified by ALL the
                  states.

                        Anything less than unanimous ratification
                        would cause the amendment to fail to be
                        adopted.

            Since it is not likely that this clause will ever be
            removed from the Constitution, it is called the "EN-
            TRENCHED CLAUSE."

THE CONTEMPORARY SCHEME OF NATIONAL GOVERNMENT UNDER THE U.S. CONSTITUTION:

      The general scheme of American national government today
      differs from the original scheme in two important respects:

      (1)  Members of the U.S. Senate are no longer indirectly
           elected.

           U.S. Senators are no longer chosen by their respective
           state legislatures.

           Since ratification of the Seventeenth Amendment in
           1913, the two Senators from each state have been
           elected by the voters in statewide popular elections.

      (2)  The Electoral College does not function in the manner
           it was designed to function--i.e., as a set of inde-
           pendent decisionmaking assemblies chosen by their
           respective state legislatures to elect the President
           of the U.S.A.

           Almost from the beginning of federal elections under
           the U.S. Constitution, the state legislatures allowed
           direct popular election of presidential electors.

           Beginning in the late 1820s, presidential electors,
           in voting for President, have largely reflected the
           wishes of a majority or plurality of the voters in
           their respective states.

                 With the emergence of the national nominating
                 convention during the Jacksonian Era of American
                 politics, a strong POLITICAL TRADITION developed
                 in presidential elections.

                 For the most part, presidential electors have
                 adhered to this tradition in their voting behav-
                 ior.

                 THE POLITICAL TRADITION:

                       When voting for President, a presidential
                       elector will vote for the presidential
                       candidate nominated by the national con-
                       vention of the political party under whose
                       label he was elected presidential elector
                       for his state.

      In the Framers' original design, there was to be only one
      POPULAR, or DEMOCRATIC, element in the national government.

            Only the U.S. House of Representatives was to be
            elected directly by the voters.

      Today, the Senate and the President are also popular ele-
      ments in the national government. 






































































Return to Page One, Unit One
THE AMERICAN CONSTITUTIONAL SYSTEM
Constitutional Democracy & the American Constitutional System


Return to Unit Four,
MAJOR POLICYMAKING INSTITUTIONS
IN THE U.S. NATIONAL GOVERNMENT:
LEGISLATIVE, EXECUTIVE, & JUDICIAL


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