The Supreme Law of the Land

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:

• 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

Well, How is the President Elected?

• Pg 39

• Article II, Section 1;12th Amendment;20th Amendment

Judicial Branch: Judicial Branch: Proposal to Appoint Proposal to Appoint

JusticesJustices

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.