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The
Library of Congress and the Constitution
Voice of the Framers
Hamilton’s
Plan
Empowering
a President
Article II
Farrand’s
Notes
Franklin
and the Constitution
Forms
of Government
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Hopefully, you remember some of your American
history from high school!
Remember: Shay's Rebellion, the Articles of Confederation, the Newburgh
Mutiny?
Historical experience with British
monarch made most fearful of a powerful chief executive
The experience with both state
governors (subservient to state legislatures) and the Articles of
Confederation (no chief executive but a five member committee of
representatives) put many of the Founding Fathers in a quandary at the
Constitutional Convention of 1787
(The sole state with a more powerful
executive was New York which gave the governor a longer term (3 years) than
other states, the ability to be re-elected, and he was elected by a separate
electorate rather than the state legislature. His powers became a model for
the executive: commander-in-chief, ability to appoint (shared with a Council
of Appointment elected from the assembly), reprieves and pardons, faithful
execution of the laws, some ability to veto
NY also benefited from a strong
individual---George Clinton--as first governor
Thus, those coming to the
Constitutional Convention had diverse experiences from which to draw in
contemplating an executive article.
Madison: "Experience has proved a tendency in our government
to throw all power into the legislative vortex. The executives of the states
are in general little more than Cyphers".
Broke into two camps: those who
favored a powerful congress and weak executive and "the Presidentialists" (Morris, Wilson, Washington,
Hamilton) who were a minority but they often utilized skillful tactics and
influence on the specific committees drafting the document to achieve their
vision of a strong executive (see chart below).
A (Very Short) Synopsis
1) Virginia Plan prepared
by Madison
and presented by Randolph,
argued for a national executive chosen by a national legislature. Restricted
to a single term, the executive would "execute the laws".
2) the New
Jersey plan proposed by Patterson was the small state response which
sought not fundamental change but more or less a revision of the Articles of
Confederation. There would be a plural executive, chosen by Congress,
removable by a majority of the state executives, and ineligible for a second
term.
3) Hamilton plan argued that neither proposal
went far enough. Favored the British approach with a monarch, nobles, a
single executive, a Senate appointed for life and an "inferior"
lower house.
Eventually (as will be seen below),
five fundamental questions needed to be answered:
1) how many executives?
single vs. plural?
2) length and
number of terms??
(4 years?,
7 years?, eligible for reelection? ineligible for reelection?)
3) how should
the president be selected?
(by
legislature?, separate constituency?)
4) process of
removal? grounds for removal?
(by
legislature?, by governors?, by court?) (criminal
activities? political reasons?)
5) what
powers?
The Constitutional Convention of 1787
This table, developed by Hargrove and
Nelson in Presidents, Politics, and Policies, is designed to provide a
snapshot of the development of the constitutional presidency during the
Constitutional Convention of 1787 (as well as amendments since added). The
columns represent the key stages of the convention:
1.
The Virginia Plan: introduced and approved as a working draft on May 29th
2.
The convention met as a Committee of the Whole House from May 30th
until June 13th to consider the Virginia Plan in detail and revise
it.
3.
A five-member Committee of Detail, appointed on July 26th to write
a draft of the Constitution based on resolutions passed. Reported to
Convention on August 6th.
4.
A Committee on Postponed Matters, consisting of eleven delegates, appointed
August 31st to propose solutions to several unresolved issues.
Reported to Convention from September 1st-4th.
5.
A five-member Committee of Style worked from September 6th to 12th
to produce a final draft. The only changes to this final report made on the
floor were to reduce the margin needed to override Presidential veto from 3/4
to 23 and to clarify presidential appointment powers.
(Note: blue indicates that final decision was made at that point)
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Virginia
Plan
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Committee
of the Whole House
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Committee
of Detail
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Committee
on Postponed Matters
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Committee
of Style--
Final Draft
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Constitutional
Amendments
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Number
of Executives
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unspecified
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single
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-
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-
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-
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-
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Selection
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by
legislature
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by
legislature
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by
legislature
succession by
Pres of the Senate if Pres. Vacant
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by Electoral College with runner-up VP
succession
by VP
selection
limited to natural born citizens 35+
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12th--(1804)
separate
ballot for Pres and VP
20th
(1933)--
VP
becomes Pres if Pres dies--Cong chooses acting Pres if no Pres and VP
25th
((1967)--
Pres
fills vacant VP with consent of Senate
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Term
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length
unspecified--one term limit
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seven
years--one term limit
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seven
years--one term limit
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four years--no limit on
terms
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-
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20th
(1933)--
term starts Jan 20th
22nd
(1951)--
two term limit
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Removal
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impeachment
by "supreme (judicial) tribunal
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impeachment
and conviction by supreme tribunal on grounds of "malpractice or
neglect of duty"
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impeachment by House and conviction by Supreme Court on grounds of "treason, bribery, or corruption"
in case of disabilty,
Pres of Senate acts as Pres until disability ends.
No definition of disability or
how it will be determined
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impeachment
by House and conviction by Senate, with 2/3 vote
needed to convict
in case of
"inability", VP acts as Pres
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Grounds
of "treason, bribery, or other High Crimes
and Misdemeanors"
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25th
(1967)--
presidential
disability can be determined by the Pres, VP, and a majority of the
Cabinet, or, in case of dispute, by a 2/3 vote of each house of Congress
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Powers
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Veto by a "council of
revision" consisting of "the executive and a convenient number of
judges." Legislature could
override by repassing the bill
Execute
the national laws
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Veto
by the executive alone. Legislature could
override by repassing the bill with 2/3 vote in each house
"Appoint to
offices in cases not otherwise provided for"
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"The executive power...shall be vested in a Pres of the US"
"Appoint
officers in all cases not otherwise provided for by the Constitution
"From
time to time give information on the state of the union"
Recommend
to Congress such measures as shall be judged necessary and expedient
Convene
Congress on extraordinary occasions and adjourn it when its houses cannot
adjourn themselves
receive
ambassadors
and correspond with the Supreme executives of the several states
grant
reprieves and pardons
commander-in-chief
of the Army and Navy and state militias
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Appoint
officers in all cases not otherwise provided for by the Constitution
Make
treaties subject to ratification of 2/3 of Senate
Nominate
Supreme Court Justices and ambassadors subject to Senate approval
Require
the opinion in writing of department heads
preserve,
protect and defend the Constitution by oath
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Appoint all officers except those which Congress may by law
vest...in the courts of Law, or in the Heads of
Departments
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Institutional
Separation
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No member of the legislature shall hold another office during
his term or for an
unspecified number of years after
the
legislature cannot alter an incumbent executive's salary
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No
member of the legislature shall hold another office during his term or, in
the case of national office, for a year
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No
member of the legislature shall hold another office during his term or, in
the case of senators, for a year after
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No
member of the legislature shall hold another office during his term
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-
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-
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There
are really three "components" to the constitutional presidency.
They
are sources for the statements in the constitution which prescribe
presidential
qualifications, behavior, powers, etc.
1)
attribute statements of characteristics/qualifications that are clear and
unchanging:
35
years of age
natural
born citizen
2)
attribute statements whose meaning becomes clear through history, action,
precedent
generally
rather nebulous phrases which presidents have viewed as the source for
prerogative powers. These phrases, alone or in combination
become
the key(s) to claiming various presidential powers
"laws
be faithfully executed"
+
commander-in-chief
=
war
powers
3)
attribute statements that depend more on the "vagaries of individual
choice
and
environmental circumstance"
"Recommend
to (Congress's) consideration such measures as
he shall judge necessary and expedient"
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