1. The Framers’ Expectations
The Founding Era
fear of tyranny on the one hand & anarchy on the other hand
Shays’ Rebellion ( )
The Constitutional Convention in the State House in Philadelphia
Solutions to prevent tyranny = system of checks and balances,
separation of powers within and across levels of government
(the “Madisonian Democracy”)
Indirect elections (senate and president) and varying terms
Senators chosen by popular votes only after the 17th Amendment
in 1913
Power derived from the Constitution

2. Achieving Balance I
A two-year term for the House
a compromise between the annual elections advocated
by many delegates and the three-year term proposed by
James Madison
 A short tenure would keep this chamber close to the people
A longer-term and “staggered elections” for the Senate
The Senate insulated from momentary shifts in the
public mood by virtue of a longer term, in addition to
their selection by state legislatures
Another compromise on bills raising revenue

3. Achieving Balance II “Advice and consent power” by the U.S. Senate
To a degree, the Framers envisioned the Senate acting as
an advisory council to the president.
Framers’ belief that the more “aristocratic” and insulated of
the two houses would keep a steadier eye on the country’s
long-term interests.
"Why did you pour that coffee into your saucer?" asked
Washington. "To cool it," said Jefferson. "Even so," responded
Washington, "we pour legislation into the senatorial saucer
to cool it.“
Now, also polarized politics in the Senate!

4. Achieving Balance III Finally, the president was used as a means
to further the balance of power by giving the executive
branch the authority to:
Recommend (not introduce) new laws
(Ex: Obama’s American Jobs Bill)
Call Congress into special session
Most importantly, the power to veto laws passed by Congress, killing them unless two-thirds of each chamber votes to override the veto
“veto threat” vs. “veto”: what’s more effective?