Plain and Honest Men 2023(1)

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Georgetown University *

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Political Science

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Oct 30, 2023

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PLAIN, HONEST MEN THE CONSTITUTION: THE RETURN OFE THE FORCE: THE CONSERVATIVES PREVAIL
THE FATAL FLAWS OF THE CONFEDERATION - No power of the purse . could not levy taxes on anything (imports, exports and duties) - Any amendment to articles required unanimous consent and it was impossible to amend the Articles to permit direct taxation or force any state to pay its fair share of the costs of the revolutionary war.
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CONSEQUENCES - Soldiers not being paid or provisioned - Valley Forge- an avoidable horror - Post war: - no money to pay Holland and France - amendent to permit imposition of duty on imports defteated by New York
SHAY'’S REBELLION . Terrifies the conservatives - Confederation and to borrow money to hire militia to put down the rebellion!
CONSTITUTIONAL CONVENTION \n'\s\ A\ J ( ¢ e h i | o %Y:{s -'“';-'.'x‘,t o 0 *,g a2 L Lla.‘:v‘ i e iy - Ik -] | g T I _— >
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EARLY PLANS - Confederation approves proposal that convention meet in Philadelphia for the “sole purpose of revising the Articles.” - Virginia shows up before any one else and Madison leads it
THE VIRGINIA PLAN - Three branches of government: executive, legislative, and judicial - Legislative; One house to be elected by the people, other by the state legislatures - Executive-one person, able to “negative’ any act of legislature but legislature could reverse him by 2/3 vote
THE VIRGINIA PLAN - National judiciary: jurisdiction over collection of national revenue, impeachment, “questions which involve the national peace and harmony.”’ - Legislature; to all cases in which States are incompetent, any cases where “harmony of US” may be interrupted by the exercise of individual legislation; to negative all State laws, contravening the articles of union
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REPRESENTATION » Must be based on “equitable ratio of representation” —in proportion to whole number of white and other free citizens and inhabitants, including those bound to servitude for a term of years and - 3/5 of others, not including Indians - Note the euphemism —’others’= slaves
FORMS OF GOVERNMENT - Executive - one person or several? - Representation - based on population, wealth or number of “inhabitants” (how to count slaves?) - What are to be the powers of the central government?
FORMS OF GOVERNMENT . Central government is to legislate on all matters in which states are incompetent (trade, war, embassies) but could it veto state legislation that was in the view of Congress contrary to the interests of the nation as a whole . How many house of Congress and how were they to be elected - Separation of powers was crucial based on colonial experience—got rid of a King and a subservient Parliament. Don't want them to come back.
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THE PROBLEM OF REPRESENTATION - The big states and the small states . The free states and the slave states . Intractable and there is a threat to dissolve the convention
THE COMPROMISE %% - Representation based on “all free persons and three fifths of all other persons”’ (Note the euphemism-did not call them “slaves.”) - Census to be taken six years after the first Congress and every ten years thereafter - Slave trade (importation) would continue until 21808 but $10 per person import duty may be imposed
THE GREAT COMPROMISE - Large states: representation is based on population - Small states: representation to be allocated with each state having equal representation, irrespective of size.
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THE GREAT COMPROMISE - The Great Compromise of 1787 gave larger states representation in the lower house according to population, and the smaller states attained equal representation in the upper house. The compromise balanced the needs of both the smaller states which wanted a unicameral legislature and the larger states that wanted a bicameral legislature. Ultimately, the Great Compromise kept the Convention together and led to the system of bicameral Congress in which the lower House is based on proportional representation, and each state has equal representation in the Upper House.
HOW WAS CONSTITUTION TO BE APPROVED? » By the people in conventions, not by the states + The Preamble and its significance . first time this ever occurred - If people adopted the Constitution, they allocated the responsibility between the states and the central government » the Bill of Rights and the Ninth and Tenth Amendments
THE PREAMBLE AND HOW THE CONSERVATIVES WIN - o James Wilson: It has been said that Congress is a representation of states not of Individuals. | say that the objects of its care are all the individuals of the states . . . . As to those matters which are referred to Congress, we are not so many states, we are one large state:.
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WHAT THE PREAMBLE DID - * Accord: John Adams: delegates in Congress did not represent the states, but the people of the United States. Benjamin Rush: some rights of people were placed in hands of Congress and some in the hands of the Congress. The members of Congress represent the people. “We are now a new nation."
OVERVIEW - Did not create a democracy but a republic - only one representative for every 30,000 people - Senate is not elected by the people but by the state legislatures » President is to be elected by an electoral college, not by the people - States are preserved; Madison’s original notion of central government and obliteration of the states never even comes close to passage - Separation of powers is crucial to preservation of liberty and is preserved - veto by President and overturned only by super majority
OVERVIEW . Enumerated powers to each branch but other phrases suggest other powers—necessary and proper clause, inherent power of the President in foreign affairs? . Enumerated powers of Congress and consequences for continued exercise of powers of the states—what is interstate commerce and what powers does (a) Congress and (b) states have over its regulation?
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POSTPONED THE INEVITABLE AND ENHANCED THE POWER OF THE SLAVE STATES - By counting slaves slave states were permitted to increase number of members of members of the House but avoided the taxation of their exports which was main source of wealth
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JEFFERSON ON THE MISSOURI QUESTION -+ byt this momentous question, like a fire vell in the night, awakened and filled me with terror. | considered it at once as the knell of the Union. it is hushed indeed for the moment. but this is a reprieve only, not a final sentence." - Thomas Jefferson to John Holmes (discussing the Missouri question)
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JEFFERSON ON SLAVERY - = God who gave us life gave us liberty. Can the [iberties of a nation be secure when we have removed a conviction that these liberties are the gift of God? Indeed | tremble for my country when | reflect that God is just, that his justice cannot sleep forever. Commerce between master and slave is despotism. Nothing (s more certainly written in the book of fate than that these people are to be free.
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THE RATIFICATION BATTLE THE RADICALS RETURN - Aristocracy has recaptured the government and restored what was wrong with the British colonial system . Standing army is permitted - Senate (s not representative - House s not either . States are obliterated —imperium in imperil - No bill of rights
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THE ADOPTION OF THE BILL OF RIGHTS ( ongn S o s ( auted Sates T g ' (arw. oy ,'A"’/' Gord mp Bmcasus W S onirty’ ond ~gtn ww v . “— . P e - - —_— et A e, -— oy b i g 5 W B i —r i - Lt -~ p A .o St 5 S - P .- - - : -~ it -~ . " - -_— - -~ -t ——— tm e o -— ——— s e s - - b g - How Madison solves the problem . The Federalist papers and their significance.
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