The Three-Fifths Compromise 2.7
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This Constitution: a Bicentennial Chronicle, Nos. 14-18
DOCUMENT RESUME ED 300 290 SO 019 380 AUTHOR Mann, Shelia, Ed. TITLE This Constitution: A Bicentennial Chronicle, Nos. 14-18. INSTITUTION American Historical Association, Washington, D.C.; American Political Science Association, Washington, D.C.; Project '87, Washington, DC. SPONS AGENCY National Endowment for the Humanities (NFAH), Washington, D.C. PUB DATE 87 NOTE 321p.; For related document, see ED 282 814. Some photographs may not reproduce clearly. AVAILABLE FROMProject '87, 1527 New Hampshire Ave., N.W., Washington, DC 20036 nos. 13-17 $4.00 each, no. 18 $6.00). PUB TYPE Collected Works - Serials (022) -- Historical Materials (060) -- Guides - Classroom Use - Guides (For Teachers) (052) JOURNAL CIT This Constitution; n14-17 Spr Sum Win Fall 1987 n18 Spr-Sum 1988 EDRS PRICE MFO1 Plus Postage. PC Not Available from EDRS. DESCRIPTORS Class Activities; *Constitutional History; *Constitutional Law; History Instruction; Instructioral Materials; Lesson Plans; Primary Sources; Resource Materials; Secondary Education; Social Studies; United States Government (Course); *United States History IDENTIFIERS *Bicentennial; *United States Constitution ABSTRACT Each issue in this bicentennial series features articles on selected U.S. Constitution topics, along with a section on primary documents and lesson plans or class activities. Issue 14 features: (1) "The Political Economy of tne Constitution" (K. Dolbeare; L. Medcalf); (2) "ANew Historical Whooper': Creating the Art of the Constitutional Sesquicentennial" (K. Marling); (3) "The Founding Fathers and the Right to Bear Arms: To Keep the People Duly Armed" (R. Shalhope); and (4)"The Founding Fathers and the Right to Bear Arms: A Well-Regulated Militia" (L. Cress). Selected articles from issue 15 include: (1) "The Origins of the Constitution" (G. -
12-1281 Brief for Respondent, Noel Canning
No. 12-1281 IN THE Supreme Court of the United States NATIONAL LABOR RELATIONS BOARD, Petitioner, v. NOEL CANNING, A DIVISION OF THE NOEL CORP., Respondent. On Writ Of Certiorari To The United States Court Of Appeals For The District Of Columbia BRIEF OF RESPONDENT NOEL CANNING GARY E. LOFLAND NOEL J. FRANCISCO HALVERSON NORTHWEST Counsel of Record LAW GROUP G. ROGER KING 405 E. Lincoln Ave. JAMES M. BURNHAM Yakima, WA JONES DAY (509) 452-2828 51 Louisiana Ave., N.W. Washington, D.C. 20001 LILY FU CLAFFEE [email protected] RACHEL L. BRAND (202) 879-3939 STEVEN P. LEHOTSKY NATIONAL CHAMBER LITIGATION CENTER, INC. 1615 H Street, N.W. Washington, D.C. 20062 (202) 463-5337 Counsel for Respondent QUESTIONS PRESENTED The President purported to make three “recess” appointments to fill preexisting vacancies on the National Labor Relations Board on January 4, 2012, the day after the Senate convened to commence the Second Session of the 112th Congress, and two days before the Senate convened in another Senate session. The questions presented are therefore: 1. Whether the President’s recess-appointment power may be exercised during a break that occurs during the Senate’s Session, or is instead limited to “the Recess of the Senate” that occurs between each enumerated Session. 2. Whether the President’s recess-appointment power may be exercised to fill vacancies that exist during a recess, or is instead limited to vacancies that first arise during that recess. 3. Whether the President’s recess-appointment power may be exercised when the Senate is convening every three days in pro forma sessions. -
Columbia Law Review
COLUMBIA LAW REVIEW VOL. 99 DECEMBER 1999 NO. 8 GLOBALISM AND THE CONSTITUTION: TREATIES, NON-SELF-EXECUTION, AND THE ORIGINAL UNDERSTANDING John C. Yoo* As the globalization of society and the economy accelerates, treaties will come to assume a significant role in the regulation of domestic affairs. This Article considers whether the Constitution, as originally understood, permits treaties to directly regulate the conduct of private parties without legislative implementation. It examines the relationship between the treaty power and the legislative power during the colonial, revolutionary, Framing, and early nationalperiods to reconstruct the Framers' understandings. It concludes that the Framers believed that treaties could not exercise domestic legislative power without the consent of Congress, because of the Constitution'screation of a nationallegislature that could independently execute treaty obligations. The Framers also anticipatedthat Congress's control over treaty implementa- tion through legislation would constitute an importantcheck on the executive branch'spower in foreign affairs. TABLE OF CONTENTS Introduction .................................................... 1956 I. Treaties, Non-Self-Execution, and the Internationalist View ..................................................... 1962 A. The Constitutional Text ................................ 1962 B. Globalization and the PoliticalBranches: Non-Self- Execution ............................................. 1967 C. Self-Execution: The InternationalistView ................ -
Revolutionary Period (1763-1789) Part 3: Constitutional Convention
Revolutionary Period (1763-1789) Part 3: Constitutional Convention The Constitutional Convention was held in 1787 in Philadelphia. Fifty-five delegates met to revise, or improve, the nation’s first constitution, the Articles of Confederation. The Articles were so weak, the framers decided to a write a new constitution. The U.S. Constitution created a strong national government, but with limits against the abuse of power. After the convention ended, the states ratified the new constitution. Problems under the Delegates meet at States ratify the new Articles of Confederation Constitutional constitution. Examples: no president Convention in 1787 and States have too write a new constitution. much power The most important conflict at the Convention was over Another conflict was over the counting of slaves when representation in the legislative branch (Congress). determining the number of representatives each state received in the House of Representatives. Virginia Plan New Jersey Plan Northern States Southern States -large state plan -small state plan -did not want to count -wanted to count -2-house legislature -1-house legislature slaves as part of the slaves as part of the -proportional -equal representation population population representation (population) Great Compromise 3/5 Compromise -2-house legislature -three-fifths of all -House of Representatives (proportional slaves would be representation) counted as part of the -Senate – equal representation (2 per population for state) representation Ratification Terms to Know Federalists – supported ratification of the Constitution Delegate - representative Federalist Papers – written by James Madison, Alexander Hamilton, Framer - someone who and John Jay is support of ratification helped write the Constitution Anti-Federalists – opposed ratification of the Constitution, mainly Ratify - to approve or because it did not have a bill of rights accept . -
Constitutional Convention: Lesson Plan
Constitutional Convention (Philadelphia 1787): The Birth of the Constitution- History of the United States Series | Academy 4 Social Change Constitutional Convention: Lesson Plan Topic The Constitutional Convention was a meeting of delegates from 12 out of the 13 states that was held in Philadelphia from May to September 1787. George Washington was elected president of the Convention, and other delegates included James Madison, Ben Franklin, and Alexander Hamilton. Though their original objective was only to amend the Articles of Confederation, the delegates quickly decided to draft an entirely new document instead. This new Constituti on outlined a federalist form of government with a bicameral legislature, three distinct branches, and a comprehensive system of checks and balances. Possible subjects/classes Time needed ● Government ● History 45 - 60 min ● Politics Video link: https://academy4sc.org/topic/constitutional-convention-the-birth-of-the-constituti on/ Objective: What will students know/be able to do at the end of class? Students will be able to... ● Explain why the Constitutional Convention happened. ● Describe some of the main debates during the Convention, and provide the arguments of each side. ● Explain the lasting impact of the decisions made at the Constitutional Convention. Key Concepts & Vocabulary American Revolutionary War, Delegates, separation of powers, ratification Materials Needed Worksheet, Student Internet Access (Optional) Constitutional Convention (Philadelphia 1787): The Birth of the Constitution- History of the United States Series | Academy 4 Social Change Before you watch Quick write: Ask students to make a list of words and phrases that come to mind when they are asked about the Constitution (responses may include “Founding Fathers,” “amendments,” etc). -
The Great Compromise in Response to the Virginia Plan, New Jersey Delegate William Paterson Presented an Alternative on June 15
212-217US8P R U2C08S2 11/26/02 12:23 PM Page 212 TERMS & NAMES 2 Creating the Constitutional Creating the Convention James Madison ConstitutionConstitution Virginia Plan New Jersey Plan Great Compromise MAIN IDEA WHY IT MATTERS NOW Three-Fifths Compromise The states sent delegates to a The Constitutional Convention convention to solve the problems of formed the plan of government that the Articles of Confederation. the United States still has today. ONE AMERICAN’S STORY On the afternoon of May 15, 1787, Edmund Randolph, the young governor of Virginia, arrived in Philadelphia for the Constitutional Convention. The young nation faced violence and lawlessness, as Shays’s Rebellion had shown. And now delegates from throughout the states were coming to Philadelphia to discuss reforming the government. Randolph knew the serious task he and the other delegates were about to undertake. Early in the convention, Randolph rose to speak. He looked squarely at the delegates and reminded them of their grave responsibility. A VOICE FROM THE PAST Edmund Let us not be afraid to view with a steady eye the [dangers] Randolph (left) with which we are surrounded. Are we not on the eve and the other of [a civil] war, which is only to be prevented by the hopes delegates from this convention? gathered in the Edmund Randolph, quoted in Edmund Randolph: A Biography Pennsylvania State House (above) to discuss Over the next four months, the delegates debated how best to creating a new keep the United States from falling apart. In this section, you will read government for about the Convention of 1787 and the creation of the U.S. -
The Constitutionality of Congressional Deadlines on Amendment Proposals Under Article V
University of Florida Levin College of Law UF Law Scholarship Repository UF Law Faculty Publications Faculty Scholarship 10-2019 'Great Variety of Relevant Conditions, Political, Social and Economic': The Constitutionality of Congressional Deadlines on Amendment Proposals under Article V Danaya C. Wright University of Florida Levin College of Law, [email protected] Follow this and additional works at: https://scholarship.law.ufl.edu/facultypub Part of the Constitutional Law Commons Recommended Citation Danaya C. Wright, "Great Variety of Relevant Conditions, Political, Social and Economic": The Constitutionality of Congressional Deadlines on Amendment Proposals under Article V, 28 Wm. & Mary Bill Rts. J. 1 (2019) This Article is brought to you for free and open access by the Faculty Scholarship at UF Law Scholarship Repository. It has been accepted for inclusion in UF Law Faculty Publications by an authorized administrator of UF Law Scholarship Repository. For more information, please contact [email protected]. “GREAT VARIETY OF RELEVANT CONDITIONS, POLITICAL, SOCIAL AND ECONOMIC”1: THE CONSTITUTIONALITY OF CONGRESSIONAL DEADLINES ON AMENDMENT PROPOSALS UNDER ARTICLE V Danaya C. Wright* ABSTRACT Within a year or two, the thirty-eighth state is likely to ratify the Equal Rights Amendment (ERA), setting up an unprecedented constitutional challenge.2 The ERA was proposed with a seven-year deadline in the resolving clause, establishing the mode of ratification.3 That was a shift from earlier precedents in which a deadline had been placed -
The Virginia Plan Proposed a Strong Central Government Composed of Three Branches: Legislative, Executive, and Judicial
Drafted by James Madison, and presented by Edmund Randolph to the Constitutional Convention on May 29, 1787, the Virginia Plan proposed a strong central government composed of three branches: legislative, executive, and judicial. (National Archives) The Virginia Plan 29 May 1787 | Philadelphia, PA 1. Resolved, that the Articles of the Confederation ought to be so corrected and enlarged, as to accomplish the objects proposed by their institution, namely, common Defence, security of Liberty, and general welfare. 2. Resolved, therefore that this right, of suffrage in the traditional Legislation ought to be proportioned to the quota’s of contribution, or to the number of free inhabitants, as the one or the other may seem best, in different cases. 3. Resolved, that the National Legislature ought to consist of two branches. 4. Resolved, that the numbers of the first branch of the Nati[ona]l Leg[islatur]e, ought to be elected by the people of the several States, every [blank] for the term of three years. – to be of the age of ____ years at least. To receive liberal stipends, by which they may be compensated for the devotion of their time to public service. – to be ineligible to any office established by a particular state, or under the authority of the U.S. (except those particularly belonging to the functions of theis first branch) during the term of service and for the space of [one] after its expiration; to be incapable of re-election for the space of [blank] after the expiration of their term of service: and to be subject to recal. -
Resolution VI: the Virginia Plan and Authority to Resolve Collective Action Problems Under Article I, Section 8, 87 Notre Dame L
Notre Dame Law Review Volume 87 Issue 5 Symposium: Educational Innovation and the Article 11 Law 6-1-2012 Resolution VI: The irV ginia Plan and Authority to Resolve Collective Action Problems under Article I, Section 8 Kurt T. Lash Follow this and additional works at: http://scholarship.law.nd.edu/ndlr Recommended Citation Kurt T. Lash, Resolution VI: The Virginia Plan and Authority to Resolve Collective Action Problems under Article I, Section 8, 87 Notre Dame L. Rev. 2123 (2013). Available at: http://scholarship.law.nd.edu/ndlr/vol87/iss5/11 This Article is brought to you for free and open access by NDLScholarship. It has been accepted for inclusion in Notre Dame Law Review by an authorized administrator of NDLScholarship. For more information, please contact [email protected]. \\jciprod01\productn\N\NDL\87-5\NDL511.txt unknown Seq: 1 13-JUN-12 10:40 ARTICLES “RESOLUTION VI”: THE VIRGINIA PLAN AND AUTHORITY TO RESOLVE COLLECTIVE ACTION PROBLEMS UNDER ARTICLE I, SECTION 8 Kurt T. Lash* American courts have traditionally followed the general principle of limited enu- merated federal power in determining the scope of national authority. Recently, how- ever, a group of influential constitutional scholars such as Jack Balkin, Robert Cooter, Andrew Koppelman, Neil Siegel and others have called for doing away with this tradi- tional principle and replacing it with the principle declared in Resolution VI of the Virginia Plan. Originally introduced in the Philadelphia Constitutional Convention, Resolution VI declares that federal power should be construed to reach all matters involving the “general interests of the Union,” those to which the “states separately are incompetent” and those affecting national “harmony.” Under this principle, Congress has power to regulate all collective action problems of national importance. -
Rule of Law – Laws Must Be Made for Everyone, No One Is Above the A
Rule of Law – laws must be made for everyone, no one is above the law Amendment – Change to the Constitution, formal = written change, Informal = implied changes Special Session – Calling congress together in an emergency Article – One of the seven sections of the constitution Continuous Body – The Senate because 2/3 of the senators are not running for reelection Impeach – charge a federal official with a crime Bureaucrat – someone who works in a large organization Libel – writing an untruth about someone that causes them harm Slander – saying an untruth about someone that causes them harm Extradition – sending an accused person back to the state where they are accused of committing a crime or where they have been sentenced Filibuster – trying to talk a bill to death, unlimited debate Cloture – stopping debate, shutting down a filibuster Joint resolution – a motion by both houses of congress to declare war, amend the constitution etc. 1. Constitutional Principles a. Federalism – division of power between national and local/state governments b. Separation of powers – creates branches of government c. Checks and balances – each branch has limited control over the others d. Limited Government – government can only do what society says it can e. Popular sovereignty – people are the power of the government f. Judicial Review – the courts decide whether acts of government are allowed by the constitution 2. Three ways power is distributed a. Unitary – all power of government comes from one location b. Confederate – independent states/countries come together for a common purpose while keeping their independence c. Federal – sharing of power between local/state government and a national government 3. -
The Threat of a Second Constitutional Convention: Patrick Henry's Lasting Legacy Jeffery K
University of Richmond Law Review Volume 25 | Issue 3 Article 6 1991 The Threat of a Second Constitutional Convention: Patrick Henry's Lasting Legacy Jeffery K. Mitchell University of Richmond Follow this and additional works at: http://scholarship.richmond.edu/lawreview Part of the Constitutional Law Commons Recommended Citation Jeffery K. Mitchell, The Threat of a Second Constitutional Convention: Patrick Henry's Lasting Legacy, 25 U. Rich. L. Rev. 519 (1991). Available at: http://scholarship.richmond.edu/lawreview/vol25/iss3/6 This Note is brought to you for free and open access by the Law School Journals at UR Scholarship Repository. It has been accepted for inclusion in University of Richmond Law Review by an authorized editor of UR Scholarship Repository. For more information, please contact [email protected]. THE THREAT OF A SECOND CONSTITUTIONAL CONVENTION: PATRICK HENRY'S LASTING LEGACY I. INTRODUCTION The Bill of Rights secured the individual freedoms that constitute the mainstay of American liberty.1 The Framers of the Constitution did not include these vital rights in the original version of the document.2 In fact, the first ten amendments were proposed by Congress to secure ratifica- tion of the Constitution and, more importantly, to prevent a second con- stitutional convention.3 Virginians played a vital role in the first constitutional convention: the 1787 Philadelphia meeting started with the introduction of the "Virginia plan" for a federal constitution.4 Almost immediately after the close of the convention, another Virginia plan surfaced. This plan called for a sec-, ond constitutional convention. When the delegates to the Philadelphia meeting created the document that is now our Constitution, they surpassed their authority. -
Historical Note on Formation of the Constitution
HISTORICAL NOTE ON FORMATION OF THE CONSTITUTION In June 1774, the Virginia and Massachusetts assemblies independently proposed an intercolonial meeting of delegates from the several colonies to restore union and harmony between Great Britain and her American Colo- nies. Pursuant to these calls there met in Philadelphia in September of that year the first Continental Congress, composed of delegates from 12 colonies. On October 14, 1774, the assembly adopted what has become to be known as the Declaration and Resolves of the First Continental Congress. In that instrument, addressed to his Majesty and to the people of Great Britain, there was embodied a statement of rights and principles, many of which were later to be incorporated in the Declaration of Independence and the Federal Con- stitution.1 This Congress adjourned in October with a recommendation that an- other Congress be held in Philadelphia the following May. Before its succes- sor met, the battle of Lexington had been fought. In Massachusetts the colo- nists had organized their own government in defiance of the royal governor and the Crown. Hence, by general necessity and by common consent, the sec- ond Continental Congress assumed control of the “Twelve United Colonies”, soon to become the “Thirteen United Colonies” by the cooperation of Geor- gia. It became a de facto government; it called upon the other colonies to assist in the defense of Massachusetts; it issued bills of credit; it took steps to organize a military force, and appointed George Washington commander in chief of the Army. While the declaration of the causes and necessities of taking up arms of July 6, 1775,2 expressed a “wish” to see the union between Great Britain and the colonies “restored”, sentiment for independence was growing.