Chapter One: an outlook on the legislative branch.

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Presentation transcript:

Chapter One: an outlook on the legislative branch

I-The origins A-Ideological origins (in brief) B-Historical origins –Situation before the 1787 Philadelphia Convention A weak confederation –1-The great Compromise (to form a federal state) The New Jersey plan vs. the Virginia plan –NJ: »1 House with equal nb of Representatives for all states »Amend the Articles of the Confederation (taxation issue) »Executive dependent on Congress »No judicial branch »A weak central government to preserve the states sovereignty –VA: »A strong central government with 3 branches »A House and Senate with proportional representation (tax & pop°) »Central Gvt superseding state gvts –The compromise »Over representation: bicameralism with double representation »Over taxation: Tax Bills will originate from the House of Representatives

–2-The 3/5ths Compromise The Southern states position The Northern states position The compromise in the C° Representatives and direct Taxes shall be apportioned among the several States which may be included within this Union, according to their respective Numbers, which shall be determined by adding to the whole Number of free Persons, including those bound to Service for a Term of Years, and excluding Indians not taxed, three fifths of all other Persons) Article 1, Section 2 –3-Compromise over slavery/slave trade Article 1 section 9: The Migration or Importation of such Persons as any of the States now existing shall think proper to admit, shall not be prohibited by the Congress prior to the Year one thousand eight hundred and eight, but a tax or duty may be imposed on such Importation, not exceeding ten dollars for each Person.

–4-Presidency compromise The position of the VA plan supporters –P elected directly by the people The position of the NJ plan supporters –P chosen by states The compromise –The popular vote and the Electoral College –5-The outcome The ratification process and the federalist / antifederalist debate Obstacles: two clauses in Articles I and VI and absence of a Bill of Rights –The necessary and proper clause (Art VI) –The supremacy clause (Art I, sect 8, clause 18) Federalist remedies