Historic Roots of the Legislative Branch

Benjamin Franklin and

Most delegates to the Constitutional supported , a with two chambers. Benjamin Franklin (1706–1790), a delegate from Pennsylvania, was one of the exceptions.

One of the arguments in favor of bicameralism was that one chamber should represent the wealthy class of society, while the other should represent all free men. In 1789, the of Pennsylvania considered a change from unicameralism to bicameralism in its government. That year, Franklin wrote Queries and Remarks Respecting Alterations in the Constitution of Pennsylvania to record his opposition to bicameralism.

The Combinations of Civil Society are not like those of a Set of Merchants, who club [combine] their Property in different Proportions for Building and Freighting a Ship, and may therefore have some Right to vote in the Disposition of the Voyage in greater or less Degree according to their respective Contributions; but the important ends of Civil Society, and the personal Securities of Life and Liberty, these remain the same in every Member of the society; and the poorest continues to have an equal Claim to them with the most opulent [wealthy], whatever Difference Time, Chance, or Industry may occasion in their Circumstances. On these Considerations, I am sorry to See the Signs this Paper I have been considering [the proposed Pennsylvania Constitution] affords, of a Disposition among some of our People to commence an Aristocracy, by giving the Rich a predominancy [superior power] in Government, a Choice peculiar to themselves in one half the Legislature to be proudly called the , and the other Branch, chosen by the Majority of the People, degraded by the denomination [name] of the LOWER; and giving to this Upper a Permanency of four Years, and but two to the lower.

Franklin felt that every member of society should have an equal say in the legislative branch of government. He disagreed with the theory of bicameralism that favored one chamber for the wealthy and another chamber for the rest of society. Pennsylvania disappointed Franklin, however, by adopting bicameralism in its new constitution.

. the deputies refused, the councilors delivered a letter saying the assembly of deputies was dissolved. The letter, according to Moran, compared the deputies with the angel Lucifer, who, in Christianity, fell to hell after trying to take over heaven: "It was Lucifers Pride that Putt him upon settling himselfe where God never intended to sett him and his Presumption produced or was the forerunner of his fall."

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Historic Roots of the Legislative Branch

Articles of Confederation

Beginning in 1781, the government of the operated under the Articles of Confederation. The Articles created a unicameral legislature, called Congress, without a separate executive and judicial branch. While the men who wrote the Constitution in 1787 rejected this structure, many of the powers of Congress under the Articles became the powers of Congress under the Constitution.

For the Founding Fathers, one of the primary purposes of federal government was to protect America in war. So the Articles of Confederation gave Congress the power to establish an army and a navy, to make the rules for their operation, and to determine questions of war and peace. Congress under the Constitution has the same powers, although the president of the United States often engages in military action without a declaration of war by Congress.

Promotion of commerce was another primary purpose of federal government for the Founding Fathers. Under the Articles of Confederation, Congress had the power to create money and post offices. It also could appoint courts for handling trials of people accused of piracy, or robbery on the high seas. Congress also had the power to regulate trade with American Indian tribes. Congress under the Constitution has all these powers, too.

Finally, Congress under the Articles had the power to make a budget and raise or borrow money for operating the nation's government. In practice, Congress had difficulty making the states contribute their share of money. This was one of the main reasons that the Founding Fathers decided to meet in 1787 to create a new federal government. The Constitution they wrote gave Congress stronger power to raise and collect money through taxes.

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