Founding America: Documents from the Revolution to the Bill of Rights (62 page)

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Authors: Jack N. Rakove (editor)

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The most significant development during this final phase was the gradual enlargement of executive power. Into early August, the future presidency remained largely a cipher. It was the Senate, for example, that was expected to make treaties and appointments to other major executive and judicial offices. But once the convention took up the report of the committee of detail, it began to augment executive power. Two debates of August 17 and 23—the first concerned with the power to initiate war, the second with the negotiation of treaties—illustrate this development.
By early September, the exhausted delegates were prepared to complete their work. Forty-two members from twelve states were still in attendance. Three of these—George Mason and Edmund Randolph of Virginia, and Elbridge Gerry of Massachusetts—had indicated they were unwilling to sign the completed Constitution. Their objections soon provided significant inspiration for the Constitution’s opponents, the Anti-Federalists. It was to overcome their scruples that the convention’s and the country’s great sage, Benjamin Franklin, made a characteristically witty but politically futile appeal for unanimity.
RESOLUTION ADOPTED BY CONVENTION
JULY 26, 1787
1. RESOLVED
That the Government of the United States ought to con sist of a Supreme Legislative, Judiciary and Executive.
2. RESOLVED
That the Legislature of the United States ought to consist of two Branches.
3. RESOLVED
That the Members of the first Branch of the Legislature of the United States ought to be elected by the People of the several States for the Term of two Years to be of the Age of twenty five Years at least to be ineligible to and incapable of holding any Office under the Authority of the United States (except those peculiarly belonging to the Functions of the first Branch) during the Time of Service of the first Branch.
4. RESOLVED
That the Members of the second Branch of the Legislature of the United States ought to be chosen by the Individual Legislatures to be of the Age of thirty Years at least to hold their Offices for the Term of six Years; one third to go out biennially to receive a Compensation for the Devo tion of their Time to the public Service to be ineligible to and incapable of holding any Office under the Author ity of the United States (except those peculiarly belonging to the Functions of the second Branch) during the Term for which they are elected, and for one Year thereafter.
5. RESOLVED
That each Branch ought to possess the Right of originat ing Acts.
6. RESOLVED
That the Right of Suffrage in the first Branch of the Legis lature of the United States ought not to be according to the Rules established in the Articles of Confederation but according to some equitable Ratio of Representation.
7. RESOLVED
That in the original Formation of the Legislature of the United States the first Branch thereof shall consist of sixty five Members of which Number New Hampshire shall send three Massachusetts eight Rhode Island one Connecticut five New. York six New- Jersey four Pennsylvania eight Delaware one Maryland six Virginia ten North. Carolina five South Carolina five Georgia three.
But as the present Situation of the States may probably alter in the Number of their Inhabitants, the Legislature of the United States shall be authorised from Time to Time to apportion the Number of Representatives; and in Case any of the States shall hereafter be divided, or enlarged by Ad dition of Territory, or any two or more States united, or any new States created within the Limits of the United States, the Legislature of the United States shall possess Authority to regulate the Number of Representatives in any of the foregoing Cases, upon the Principle of the Number of their Inhabitants, according to the Provisions herein after men tioned namely Provided always that Representation ought to be proportioned according to direct Taxation: And in order to ascertain the Alteration in the direct Taxa tion, which may be required from Time to Time, by the Changes in the relative Circumstances of the States
Resolved that a Census be taken, within six years from the first Meeting of the Legislature of the United States, and once within the Term of every ten Years afterwards, of all the Inhabitants of the United States in the Manner and according to the Ratio recommended by Congress in their Resolution of April 18th. 1783 And that the Legislature of the United States shall proportion the direct Taxation accordingly.
Resolved - that all Bills for raising or Appropriating Money, and for fixing the Salaries of the Officers of the Government of the United States shall originate in the first Branch of the Legislature of the United States, and shall not be altered or amended by the second Branch; and that no money shall be drawn from the public Treasury but in Pursuance of Appropriations to be originated by the first Branch.
RESOLVED
that from the first Meeting of the Legislature of the United States until a Census shall be taken, all Monies for supply ing the public Treasury by direct Taxation shall be raised from the several States according to the Number of their Representatives respectively in the first Branch.
8. RESOLVED
That in the second Branch of the Legislature of the United States each State shall have an equal Vote.
RESOLVED
That the Legislature of the United States ought to possess the legislative Rights vested in Congress by the Confeder ation; and moreover to legislate in all Cases for the general Interests of the Union, and also in those Cases to which the States are separately incompetent, or in which the Harmony of the United States may be interrupted by the Exercise of individual Legislation.
RESOLVED
That the legislative Acts of the United States made by Virtue and in Pursuance of the Articles of Union, and all Treaties made and ratified under the Authority of the United States shall be the supreme Law of the respective States so far as those Acts or Treaties shall relate to the said States, or their Citizens and Inhabitants; and that the Ju dicatures of the several States shall be bound thereby in their Decisions, any thing in the respective Laws of the in dividual States to the contrary notwithstanding.
RESOLVED
That a national Executive be instituted to consist of a sin gle Person to be chosen for the Term of six Years with Power to carry into Execution the national Laws to ap point to Offices in Cases not otherwise provided for to be removeable on Impeachment and Conviction of mal Practice or Neglect of Duty to receive a fixed Compen sation for the Devotion of his Time to public Service to be paid out of the public Treasury.
RESOLVED
That the national Executive shall have a Right to negative any legislative Act, which shall not be afterwards passed, unless by two third Parts of each Branch of the national Legislative.
RESOLVED
That a national Judiciary be established to consist of one Supreme Tribunal the Judges of which shall be appointed by the second Branch of the national Legislature to hold their Offices during good Behaviour to receive punctu ally at stated Times a fixed Compensation for their Ser vices, in which no Diminution shall be made so as to affect the Persons actually in Office at the Time of such Diminution.
RESOLVED
That the Jurisdiction of the national Judiciary shall extend to Cases arising under the Laws passed by the general Legislature, and to such other Questions as involve the na tional Peace and Harmony.
RESOLVED
That the national Legislature be empowered to appoint inferior Tribunals.
RESOLVED
That Provision ought to be made for the Admission of States lawfully arising within the Limits of the United States, whether from a voluntary Junction of Government and Territory, or otherwise, with the Consent of a number of Voices in the national Legislature less than the whole
RESOLVED
That a Republican Form of Government shall be guar antied to each State; and that each State shall be protected against foreign and domestic Violence.
RESOLVED
That the legislative, executive and judiciary Powers, within the several States, and of the national Government, ought to be bound by Oath to support the Articles of Union.
RESOLVED
That the Amendments which shall be offered to the Con federation by the Convention ought at a proper Time or Times, after the Approbation of Congress, to be submited to an Assembly or Assemblies of Representatives, recom mended by the several Legislatures, to be expressly chosen by the People to consider and decide thereon.
RESOLVED
That the Representation in the second Branch of the Leg islature of the United States consist of two Members from each State, who shall vote per capita
DRAFT CONSTITUTION
AUGUST 6,1787
MR. RUTLIDGE [DELIVERED IN] the Report of the Committee of detail as follows; [a printed copy being at the same time furnished to each member.]
We the people of the States of New Hampshire, Massachusetts, Rhode-Island and Providence Plantations, Connecticut, New-York, New-Jersey, Pennsylvania, Delaware, Maryland, Virginia, North-Carolina, South-Carolina, and Georgia, do ordain, declare, and establish the following Constitution for the Government of Ourselves and our Posterity.
ARTICLE I
The stile of the [this] Government shall be. “The United States of America.”
II
The Government shall consist of supreme legislative, executive, and judicial powers.
III
The legislative power shall be vested in a Congress, to consist of two separate and distinct bodies of men, a House of Representatives and a Senate; each of which shall [,] in all cases [,] have a negative on the other. The Legislature shall meet on the first Monday in December [in] every year.
IV
Sect. 1. The members of the House of Representatives shall be chosen every second year, by the people of the several States comprehended within this Union. The qualifications of the electors shall be the same, from time to time, as those of the electors in the several States, of the most numerous branch of their own legislatures.
Sect. 2. Every member of the House of Representatives shall be of the age of twenty five years at least; shall have been a citizen of [in] the United States for at least three years before his election; and shall be, at the time of his election, a resident of the State in which he shall be chosen.
Sect. 3. The House of Representatives shall, at its first formation, and until the number of citizens and inhabitants shall be taken in the manner herein after described, consist of sixty five Members, of whom three shall be chosen in New Hampshire, eight in Massachusetts, one in Rhode-Island and Providence Plantations, five in Connecticut, six in New-York, four in New-Jersey, eight in Pennsylvania, one in Delaware, six in Maryland, ten in Virginia, five in North-Carolina, five in South-Carolina, and three in Georgia.
Sect. 4. As the proportions of numbers in [the] different States will alter from time to time; as some of the States may hereafter be divided; as others may be enlarged by addition of territory; as two or more States may be united; as new States will be erected within the limits of the United States, the Legislature shall, in each of these cases, regulate the number of representatives by the number of inhabitants, according to the provisions herein after made, at the rate of one for every forty thousand.
Sect. 5. All bills for raising or appropriating money, and for fixing the salaries of the officers of the Government, shall originate in the House of Representatives, and shall not be altered or amended by the Senate. No money shall be drawn from the public Treasury, but in pursuance of appropriations that shall originate in the House of Representatives.
Sect. 6. The House of Representatives shall have the sole power of impeachment. It shall choose its Speaker and other officers.
Sect. 7. Vacancies in the House of Representatives shall be supplied by writs of election from the executive authority of the State, in the representation from which it shall happen.
V
Sect. 1. The Senate of the United States shall be chosen by the Legislatures of the several States. Each Legislature shall chuse two members. Vacancies may be supplied by the Executive until the next meeting of the Legislature. Each member shall have one vote.
Sect. 2. The Senators shall be chosen for six years; but immediately after the first election they shall be divided, by lot, into three classes, as nearly as may be, numbered one, two and three. The seats of the members of the first class shall be vacated at the expiration of the second year, of the second class at the expiration of the fourth year, of the third class at the expiration of the sixth year, so that a third part of the members may be chosen every second year.
Sect. 3. Every member of the Senate shall be of the age of thirty years at least; shall have been a citizen in the United States for at least four years before his election; and shall be, at the time of his election, a resident of the State for which he shall be chosen.
Sect. 4. The Senate shall chuse its own President and other officers.
VI
Sect. 1. The times and places and [the] manner of holding the elections of the members of each House shall be prescribed by the Legislature of each State; but their provisions concerning them may, at any time, be altered by the Legislature of the United States.
Sect. 2. The Legislature of the United States shall have authority to establish such uniform qualifications of the members of each House, with regard to property, as to the said Legislature shall seem expedient.
Sect. 3. In each House a majority of the members shall constitute a quorum to do business; but a smaller number may adjourn from day to day

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