Founders' Intent: Framers' Vision For Executive Power

The Framers of the Constitution were the 55 delegates who attended the Constitutional Convention in 1787. The National Archives refer to the 39 delegates who signed the Constitution as the Founding Fathers. The Framers' Constitution is an approach that recognises the Constitution sets forth broad principles that require interpretation and application in an ever-changing society. The Framers intended for courts to play a central role in addressing concerns and interpreting the Constitution. The Framers also wanted to insulate Congress from populist pressures and ensure that the president was selected by a body of electors chosen by the states, rather than by individual voters. The Framers' views on democracy were complicated by their aristocratic mistrust of the mob.

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The Founding Fathers

The U.S. Constitution, which came into force in 1789, superseded the Articles of Confederation and is the supreme law of the United States. The Constitution establishes a federal system of government with three branches: the legislative, the executive, and the judicial. The Founding Fathers who were involved in drafting the Constitution are referred to as the Framers.

The Framers of the Constitution were delegates to the Constitutional Convention of 1787. The Convention was called to amend the Articles of Confederation, but it soon became clear that many of the delegates believed the nation’s first charter was deficient and needed to be replaced. The Framers addressed issues such as the nature of the presidency, the influence of the voting public, and the role of the federal government. They also considered how to shield the judiciary from populist influence.

The Constitution's drafters

The US Constitution was drafted by 55 delegates, known as framers, to the 1787 Constitutional Convention in Philadelphia. The convention was called to amend the Articles of Confederation, the original framework of government for the United States. However, the delegates, who were responding to their constituents' demands, soon moved to replace the Articles of Confederation with a new constitution.

The 55 delegates included lawyers, merchants, manufacturers, shippers, land speculators, bankers, financiers, physicians, a minister, and several small farmers. Many had taken part in the Revolution, and almost all had experience in colonial and state government.

The framers of the Constitution were concerned about the influence of the voting public, particularly through their control over state governments. They wanted to insulate Congress and the judiciary from populist pressures. The Constitution gave Congress the power to quell tax rebellions and prohibited states from issuing currency or providing debt relief. The framers also ensured that the president was selected not by individual voters but by a body of electors chosen by the states.

The framers of the Constitution are often referred to as the Founding Fathers of the United States. They include John Adams, Benjamin Franklin, Alexander Hamilton, John Jay, Thomas Jefferson, James Madison, and George Washington.

The Constitution has been amended and updated over time, and its influence has spread beyond US borders. However, some critics argue that it is more difficult to update the US Constitution compared to other countries' constitutions.

The Framers' Intent

The Framers of the Constitution were delegates to the Constitutional Convention and played a crucial role in drafting the Constitution of the United States. The main Founding Fathers who were framers included John Adams, Benjamin Franklin, Alexander Hamilton, John Jay, Thomas Jefferson, James Madison, and George Washington. These individuals brought a wealth of experience to the task, with extensive political backgrounds and diverse professional expertise.

The Framers also grappled with the question of the presidency and the nature of executive power. They debated whether the executive branch should be headed by a single person or multiple administrators and how much authority it should wield. Ultimately, they decided that the president would be chosen by a body of electors selected by the states, and they granted the president significant powers, including the veto power over legislation and the role of commander-in-chief.

The Framers were concerned about the potential excesses of democracy and sought to limit the influence of populism on the federal government. They wanted to insulate Congress, the judiciary, and the executive branch from being overly swayed by popular sentiment. To achieve this, they instituted measures such as having senators chosen by state legislators rather than directly elected by voters and granting federal judges tenure and salary protections.

The Framers recognized that their work was not set in stone and that the interpretation and application of constitutional principles would need to evolve over time. They understood that while majority rule was the best system of government, it was not perfect and required checks and balances. They envisioned the courts as a crucial component of this system, serving as a legal check on the majority and safeguarding individual rights and constitutional protections.

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The Electoral College

The framers sought to address the challenges facing the nation at the time and establish foundational principles to guide the new nation into the future. They believed in the importance of insulating key institutions, including the presidency, Congress, and the judiciary, from populist pressures and influences. This belief influenced their decision to have the president selected by a body of electors chosen by the states rather than by individual voters.

The number of electors each state receives is equal to the combined total of its senators and representatives in Congress. This allocation gives more populous states a greater number of electors and, therefore, a larger influence on the outcome of the election. The electors are typically required to vote for the candidate who wins the popular vote in their state, although this varies by state and there have been instances where electors have voted against their pledged candidate.

While the framers of the Constitution established the Electoral College as a key aspect of the US electoral process, its role and function continue to evolve and are subject to ongoing discussion and interpretation.

The Judiciary

The Framers of the American Constitution were concerned about how to shield the judiciary from populist influence. They believed that the judiciary should play a central role in addressing the nation's concerns. The Constitution authorized a nationwide system of courts, including the creation of the U.S. Supreme Court, to protect the interests of the federal government, particularly in taxation and the enforcement of federal treaties.

To safeguard their political independence, federal judges were given tenure "during good behavior" and protection from salary diminution. The Framers entrusted the judiciary with the responsibility to enforce the Constitution and protect the rights of individuals, even against intolerant or overreaching majorities. They distinguished the Judicial Branch from the Legislative and Executive Branches by freeing it from most forms of political accountability.

Alexander Hamilton, in Federalist 78, emphasized the crucial role of the judiciary in preserving constitutional protections and limitations. He stated that these could "be preserved in practice no other way than through the medium of courts of justice," which must "guard the Constitution and the rights of individuals." Thomas Jefferson and James Madison also recognized the importance of an independent judiciary in upholding the Bill of Rights and acting as a "legal check" on political majorities.

The Supreme Court developed the Constitutional Avoidance Doctrine to address concerns about unelected federal judges overturning Congress's laws on constitutional grounds. The Framers provided for the people to elect the House of Representatives directly and the Senate and the Executive indirectly, reflecting their concerns about the relative political influence of the voting public.

Judicial interpretation requires judges to exercise judgment and consider text, history, precedent, values, and changing social, economic, and cultural conditions. It demands restraint, wisdom, empathy, intelligence, and courage. While the Framers intended for the judiciary to have a crucial role, they also recognized its limitations, noting that it has "neither FORCE nor WILL but merely judgment" and depends on the executive for the efficacy of its judgments.

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