Framing The Legislature: The Constitutional Vision

The writers of the US Constitution, including James Madison, Alexander Hamilton, and George Washington, aimed to address the shortcomings of America's first constitution, the Articles of Confederation, which lacked enforcement powers and the ability to regulate commerce or print money. The Constitutional Convention, held in Philadelphia in 1787, debated the structure of the legislature, with Madison's Virginia Plan proposing a bicameral legislature with a directly elected House of Representatives and an indirectly chosen Senate. This plan, along with other proposals, shaped the final Constitution, which established a legislative branch with a House of Representatives and a Senate, each with distinct roles and powers.

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The Virginia Plan

The plan was a radical departure from the Articles of Confederation, which gave the Confederation Congress the power to make rules and request funds from the states, but it had no enforcement powers, couldn't regulate commerce, or print money. The Virginia Plan called for a strong central government with the legislature appointing both the executive and judicial branches. However, this lack of separation of powers meant that the plan lacked the system of checks and balances that became central to the US Constitution.

The Connecticut Compromise

The Compromise retained the bicameral legislature, with proportional representation of the states in the lower house or House of Representatives, and equal representation for each state in the upper house or Senate. Each state would have two members in the Senate. The Compromise was proposed by Connecticut delegates Roger Sherman and Oliver Ellsworth, and it resolved the dispute between small and large states over representation in the new federal government.

The Convention met in the Pennsylvania State House in Philadelphia in 1787, ostensibly to amend the Articles of Confederation (the first U.S. constitution, 1781–89). However, the idea of amending the Articles was discarded, and the assembly set about drafting a new scheme of government. One area of disagreement between delegates from small and large states was the apportionment of representation in the federal government. Edmund Randolph offered a plan known as the Virginia, or large state, plan, which provided for a bicameral legislature with representation of each state based on its population or wealth. William Paterson proposed the New Jersey, or small state, plan, which provided for equal representation in Congress.

Ratification

The writers of the US Constitution, including James Madison, Alexander Hamilton, and George Washington, aimed to address the weaknesses of the Articles of Confederation, which had left the country on the brink of collapse. The Articles, ratified in 1781, had established a weak central government with limited powers, leading to disputes among the states.

The process of ratifying the new Constitution was carefully considered by its authors. They decided to bypass state legislatures, anticipating resistance from members reluctant to cede power to a national government. Instead, they proposed special ratifying conventions in each state, requiring approval from nine of the thirteen states to enact the new government. This strategy reflected the nationalists' belief that the constitution would find broader support among the people than among state political leaders.

The ratification campaign faced significant opposition from Anti-Federalists, who viewed the Constitution as creating a powerful central government reminiscent of the monarchy they had recently overthrown. They also criticised the lack of a bill of rights. The Federalists, who advocated for a strong central government, faced the challenge of securing support from at least three additional states. The tide turned in Massachusetts, where a "vote now, amend later" compromise helped secure victory, ultimately leading to the Constitution's ratification.

The Constitutional Convention in Philadelphia during the summer of 1787 played a crucial role in shaping the structure of the legislature. The “Great Compromise” or the "Connecticut Compromise" established equal representation in the Senate and proportional representation in the House of Representatives. This compromise addressed the contentious issue of congressional representation, with small states advocating for equal representation and larger states demanding greater influence based on their contributions to the nation's resources.

James Madison's Virginia Plan, introduced at the Constitutional Convention, proposed a bicameral national legislature. It suggested that the House of Representatives be directly elected by the people of each state, while the Senate would be chosen by the House of Representatives from nominees presented by state legislatures. However, many delegates rejected this method, arguing that it would compromise the Senate's independence and ability to check the House's power.

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Impeachment

The writers of the US Constitution included the Impeachment Clause so that Congress had a check on the executive branch. Impeachment is a unique political and legal process that acts as the legislative branch's check on the executive and judicial branches. It provides Congress with a method to hold certain government officials accountable for abuses of power.

The Constitution grants impeachment powers to Congress, with the House of Representatives having the sole power of impeachment. The House has initiated impeachment proceedings more than 60 times, impeaching three presidents, one cabinet secretary, and one senator. The House can impeach an official with a simple majority vote. Once impeached, the official is then tried by the Senate, which can convict the official with a two-thirds majority vote, leading to their removal from office. The Chief Justice of the Supreme Court presides over the trial.

The Framers of the Constitution addressed many aspects of impeachment, including the venue and process for impeachment trials, what actions warranted impeachment, and the likelihood of conviction. They debated whether Congress would have the resolve to try and convict a sitting President, given that Presidents controlled executive appointments that Members of Congress might desire. They ultimately decided to follow the British example, where the House of Commons brings charges and the House of Lords considers them at trial.

Election of the executive

The writers of the US Constitution, including James Madison, Alexander Hamilton, and George Washington, were concerned that their young country was on the brink of collapse. The delegates to the Constitutional Convention in Philadelphia during the summer of 1787 established equal representation in the Senate and proportional representation in the House of Representatives. This was called the “Great Compromise” or the “Connecticut Compromise”.

The Virginia Plan, drafted by James Madison, proposed a bicameral national legislature, with the House of Representatives directly elected by the people of each state. The Senate, on the other hand, would be chosen by the House of Representatives from a group of individuals nominated by the state legislatures. However, many delegates rejected this idea, believing it would compromise the independence of the Senate.

One of the major unresolved issues during the drafting of the Constitution was the method of electing the executive. Proposals included direct election by the people, by state legislatures, by state governors, and by the national legislature. The compromise was the creation of an electoral college, where the large states got proportional strength in the number of delegates, the state legislatures got to select the delegates, and the House could choose the president if no candidate received a majority of electoral votes.

Delegates such as James Wilson favoured the direct election of the executive by the people, while others preferred election by Congress. This led to further compromises, including limited veto powers for the executive. In the end, the president would be chosen by electors selected by the people or the state legislatures, a middle ground between direct election and appointment by Congress.

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