This was an essay for my government class at Tulsa Community College.
"The
year was 1787. The United States of America, after all these years, was finally
a reality; but the young nation still had quite a ways to go on its road to
maturity. The Articles of Confederation proved too weak and inadequate to serve
the public’s needs effectively, as Shay’s Rebellion eloquently depicted. This
called for a large-scale meeting to revise the Articles, which came to be known
as the Constitutional Convention, held in Philadelphia.
The
opening of the convention was delayed from May 14 to May 25 by late arrivals,
so James Madison and the rest of the Virginia delegation hustled to set the
tone once things got underway, as Governor Edmund Randolph offered fifteen
proposed changes to national governmental structure. These amendments included
such specifics as a powerful two-part (bicameral) legislature based on state
populations with the ability to void any state laws; This legislature would be
in charge of appointing a national executive and selecting the judiciary
members.
The
smaller states felt threatened by this proposal, so they responded with one of
their own. New Jersey’s William Paterson argued that because the Articles of
Confederation established state equality, the convention had no right to change
the status quo. Based on this premise, the New Jersey Plan would make Congress
the country’s supreme law, and give Congress(composed of both the House and the
Senate) the authority to select several
people to form an executive office, which would then appoint a Supreme Court.
This idea was generally met with criticism, to put it mildly. But the small
states threatened to leave if the Virginia Plan was adopted; so Connecticut’s
Robert Sherman proposed the following compromise: a bicameral legislature with
the lower chamber representation appointed by population(House) and the upper
chamber with two members each(Senate). The population was figured up by
including all free persons and three-fifths of all others; as well as allowing
unrestricted slave trade for the next twenty years; effectively punting the
issue of slavery down the field of history for future lawmakers to wrestle
with. At the moment, preserving the fragile Union was a higher priority than
anything else, including the slavery debate. The executive became a single
person, chosen by a group called the Electoral College. This members of this
group were chosen by the states, and each state had as many members as they did
in Congress. This process ensured that the presidency wouldn’t be settled by
direct popular control, as many political players at that time feared, and also
guarded against Congress holding too much power.
The
resulting setup that the government took was composed of an elaborate system of
three branches – judicial, executive and legislative – working as independent-yet-cooperative
bodies. Congress makes legislation and can override presidential vetoes of that
legislation; Congress also has the power of the purse. The President can veto
congressional legislation, as stated; he can also make treaties, propose new
laws and nominate federal judges. The Senate must confirm or deny the
President’s appointments and consent to the treaties the President negotiated
with a two-thirds majority. The Supreme
Court can rule presidential and/or congressional actions unconstitutional.
However, Congress can circumvent the Court’s rulings by rewriting the offending
legislature."
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