the supreme law of the land
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The Supreme Law of the Land. Chapter 4 in People’s. The Presidency. Madison’s Federalist view: Strong national government with 3 branches. The Presidency. Localist view: - PowerPoint PPT PresentationTRANSCRIPT
The Presidency
• Localist view:
• Retain state sovereignty in a slightly restructured confederation, with limited powers of Congress and no national executive or judicial officers
The Presidency
• Wilson (Penn): executive consists of a single person
• Randolph (Virginia): three men to safeguard against tyranny and avoid monarchy-like government
Electing the President: Arguments
• Gerry (Mass): governors to elect president with each state having two votes
• Madison: the national legislature elects president (Prime Minister style)
• Morris (Penn): the people should elect
Electing the President: Debate
• Morris: if legislators elect, then it will be the work of a faction, elected by a conclave, no true merit to the appointment
Debate (con’t)
• Sherman (CT): the people will not be adequately informed on candidates, and will thus vote for the person from their home state, the populous states will win the election (before Political Parties)
Debate (con’t)
• Morris: the President should be the guardian of the people, to protect from the wealthy legislative elite
Judicial Branch: Proposal to Judicial Branch: Proposal to Appoint JusticesAppoint Justices
Madison: judges elected by the Madison: judges elected by the legislaturelegislature
Wilson: opposed Madison; intrigue, Wilson: opposed Madison; intrigue, partiality, and concealment were the partiality, and concealment were the necessary consequences of allowing necessary consequences of allowing lawmakers to choose judgeslawmakers to choose judges
Rutledge: appoint by national Rutledge: appoint by national legislaturelegislature
Proposal DebateProposal Debate
Wilson: the legislature should not Wilson: the legislature should not elect because politicians reward their elect because politicians reward their backers with prizes such as judicial backers with prizes such as judicial officesoffices
Rutledge: if the President appoints, Rutledge: if the President appoints, then leans toward monarchythen leans toward monarchy
Ben Franklin chimes in with humor Pg Ben Franklin chimes in with humor Pg 4141
Proposal DebateProposal Debate
Madison: not by the legislature, Madison: not by the legislature, legislators can help one another seek legislators can help one another seek judicial appointments without proper judicial appointments without proper qualificationsqualifications
Pg 41 Pg 41
Well, How are Supreme Court Well, How are Supreme Court Justices Appointed?Justices Appointed?
Madison: the president nominates Madison: the president nominates individuals; the Senate votes, needs individuals; the Senate votes, needs 2/3 of votes2/3 of votes
Article III, Section 2, Paragraph 2Article III, Section 2, Paragraph 2
Supremacy Clause DebateSupremacy Clause Debate
Make the Constitution and federal laws Make the Constitution and federal laws the supreme law of the land- binding the supreme law of the land- binding
every state to federal law and every state to federal law and enforcing itenforcing it
Supremacy Clause Article VI, Section Supremacy Clause Article VI, Section IIII
Supremacy Clause strengthens the Supremacy Clause strengthens the Supreme Court’s power- Article III, Supreme Court’s power- Article III, Section 2 (Jurisdiction)Section 2 (Jurisdiction)
Supremacy Clause DebateSupremacy Clause Debate
Supreme Court’s Awesome Powers:Supreme Court’s Awesome Powers: Strike down laws of both states and Strike down laws of both states and
CongressCongress Many delegates seemed unaware they Many delegates seemed unaware they
had granted these powers to the national had granted these powers to the national judiciary when creating Article IIIjudiciary when creating Article III
Judicial Review of legislation was clearly Judicial Review of legislation was clearly understood when the Framers inserted understood when the Framers inserted the Supremacy Clause in the Constitutionthe Supremacy Clause in the Constitution
QuizQuiz
Meet with the members of your Meet with the members of your group to share any information, you group to share any information, you have 5 min.have 5 min.
Write your name and date on a Write your name and date on a sheet of papersheet of paper
QuizQuiz
1.1. Outline the arguments in the debate the Outline the arguments in the debate the representatives of the Constitutional representatives of the Constitutional Convention had on the Executive Convention had on the Executive Branch. Branch.
2.2. Outline the arguments in the debate the Outline the arguments in the debate the representatives of the Constitutional representatives of the Constitutional Convention had on the Judicial Branch.Convention had on the Judicial Branch.
3.3. It is the year 1787, you have been It is the year 1787, you have been summoned by Governor Peña to summoned by Governor Peña to represent the state of Oz in the represent the state of Oz in the Constitutional Convention. Provide your Constitutional Convention. Provide your thoughts on the debate.thoughts on the debate.