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Essаy Prоmpt: Using the prоvided dоcuments, аnаlyze how the framers of the Constitution intended to balance the authority of the legislative branch with other branches of government and address the concerns of both large and small states. Document 1 Source: Excerpts from the U.S. Constitution, Article I: Sections 1 & 2 Section 2: House of Representatives. The House of Representatives shall be composed of Members chosen every second Year by the People of the several States, and the Electors in each State shall have the Qualifications requisite for Electors of the most numerous Branch of the State Legislature. The House of Representatives shall choose their Speaker and other Officers; and shall have the sole Power of Impeachment. …. Section 3: The Senate. The Senate of the United States shall be composed of two Senators from each State, chosen by the Legislature thereof, for six Years; and each Senator shall have one Vote…. The Vice President of the United States shall be President of the Senate, but shall have no Vote, unless they be equally divided. Document 2 Source: Federalist Papers, No. 51 Published in the New York Packet, February 8, 1788 The interest of the man must be connected with the constitutional rights of the place. It may be a reflection of human nature, that such devices should be necessary to control the abuses of government. But what is government itself but the greatest of all reflections on human nature? If men were angels, no government would be necessary. If angels were to govern men, neither external nor internal controls on government would be necessary. In framing a government that is to be administered by men over men, the great difficulty lies in this: You must first enable the government to control the governed; and in the next place, oblige it to control itself. A dependence on the people is no doubt the primary control of the government, but experience has taught mankind the necessity of auxiliary precautions. This policy of supplying by opposite and rival interests, the defect of better motives, might be traced through the whole system of human affairs, private as well as public. We see it particularly displayed in all the subordinate distributions of power; where the constant aim is to divide and arrange the several offices in such a manner as that each may be a check on the other; that the private interest of every individual may be a sentinel over the public rights. These inventions of prudence cannot be less requisite in the distribution of the supreme powers of the state. Document 3 Source: Letter to the editor from Anti-federalist Patrick Henry The distinction between a National Government and a Confederacy is not sufficiently discerned. Had the delegates who were sent to Philadelphia the power to propose a Consolidated Government instead of a Confederacy? Were they not deputed by States, and not by the people? The assent of the people in their collective capacity is not necessary for the formation of a Federal Government. The people have no right to enter into leagues, alliances, or confederations: They are not the proper agents for this purpose: States and sovereign powers are the only proper agents for this kind of Government: Show me an instance where the people have exercised this business: Has it not always gone through the Legislatures? I refer you to the treaties with France, Holland, and other nations: How were they made? Were they not made by the States? Are the people therefore in their aggregate capacity, the proper persons to form a Confederacy? This, therefore, ought to depend on the consent of the Legislatures; the people having never sent delegates to make any proposition of changing the Government. Yet I must say, at the same time, that it was made on grounds the most pure, and perhaps I might have been brought to consent to it so far as to the change of Government; but there is one thing in it which I never would acquiesce in. I mean changing it into a Consolidated Government; which is so abhorrent to my mind. …. If we admit this Consolidated Government it will be because we like a great splendid one. Some way or other we must be a great and mighty empire; we must have an army, and a navy, and a number of things: When the American spirit was in its youth, the language of America was different: Liberty, Sir, was then the primary object. We are descended from a people whose Government was founded on liberty: Our glorious forefathers of Great Britain, made liberty the foundation of everything. That country becomes a great, mighty, and splendid nation; not because their Government is strong and energetic; but, Sir, because liberty is its direct end and foundation: We drew the spirit of liberty from our British ancestors; by that spirit, we have triumphed over every difficulty: But now, Sir, the American spirit, assisted by the ropes and chains of consolidation, is about to convert this country to a powerful and mighty empire: If you make the citizens of this country agree to become the subjects of one great consolidated empire of America, your Government will not have sufficient energy to keep them together: Such a Government is incompatible with the genius of republicanism: There will be no checks, no real balances, in this Government: What can avail your specious imaginary balances, your rope-dancing, chain-rattling, ridiculous ideal checks and contrivances? Document 4 Source: Excerpt from the Virginia Plan Resolved that the members of the first branch of the national Legislature ought to be elected by the People of the several States for the term of Three years. to receive fixed stipends, by which they may be compensated for the devotion of their time to public service to be paid out of the National Treasury. to be ineligible to any Office established by a particular State or under the authority of the United States (except those peculiarly belonging to the functions of the first branch) during the term of service, and under the national government for the space of one year after its expiration. Resolved. that the members of the second Branch of the national Legislature ought to be chosen by the individual Legislatures, to be of the age of thirty years at least. to hold their offices for a term sufficient to ensure their independence, namely seven years. to receive fixed stipends, by which they may be compensated for the devotion of their time to public service — to be paid out of the National Treasury to be ineligible to any office established by a particular State, or under the authority of the United States (except those peculiarly belonging to the functions of the second branch) during the term of service, and under the national government, for the space of one year after its expiration. …. Resolved. that a national Executive be instituted to consist of a single person to be chosen by the National Legislature for the term of seven years, with the power to carry into execution the national Laws, to appoint to Offices in cases not otherwise provided for to be ineligible a second time, and to be removable on impeachment and conviction of malpractice or neglect of duty. To receive a fixed stipend, by which he may be compensated for the devotion of his time to public service, to be paid out of the national Treasury. Resolved. that the national executive shall have a right to negative* any legislative act: which shall not be afterward passed unless by two-thirds parts of each branch of the national Legislature. Resolved. that a national Judiciary be established to consist of One Supreme Tribunal. The Judges of which to be appointed by the second Branch of the National Legislature. To hold their offices during good behavior, to receive, punctually, at stated times, a fixed compensation for their services: in which no increase or diminution shall be made so as to affect the persons actually in office at the time of such increase or diminution. *veto Document 5 Source: Excerpt from the New Jersey Plan Resolved that the United States in Congress assembled be authorized to elect a federal Executive to consist of — persons, to continue in office for the term of — years, to receive punctually at stated times a fixed compensation for their services, in which no increase or diminution shall be made so as to affect the persons composing the Executive at the time of such increase or diminution, to be paid out of the federal treasury; to be incapable of holding any other office or appointment during their time of service and for — years thereafter; to be ineligible a second time, and removable by Congress on application by a majority of the Executives of the several States; that the Executives, besides their general authority to execute the federal acts, ought to appoint all federal officers not otherwise provided for, and to direct all military operations; provided that none of the persons composing the federal Executive shall on any occasion take command of any troops, so as personally to conduct any enterprise as General or in other capacity. Resolved that a federal Judiciary be established to consist of a supreme Tribunal the Judges of which to be appointed by the Executive, and to hold their offices during good behavior, to receive punctually at stated times a fixed compensation for their services in which no increase or diminution shall be made, so as to affect the persons actually in office at the time of such increase or diminution; that the Judiciary so established shall have authority to hear and determine in the first instance on all impeachments of federal officers, and by way of appeal in the dernier resort in all cases touching the rights of Ambassadors, in all cases of captures from an enemy, in all cases of piracies and felonies on the high Seas, in all cases in which foreigners may be interested, in the construction of any treaty or treaties, or which may arise on any of the Acts for regulation of trade, or the collection of the federal Revenue: that none of the Judiciary shall during the time they remain in office be capable of receiving or holding any other office or appointment during their time of service, or for — thereafter. Document 6 Source: Federalist Papers, No. 10 Published in the New York Packet, November 23, 1787 No man is allowed to be a judge in his own cause, because his interest would certainly bias his judgment, and, not improbably, corrupt his integrity. With equal, nay with greater reason, a body of men are unfit to be both judges and parties at the same time; yet what are many of the most important acts of legislation, but so many judicial determinations, not indeed concerning the rights of single persons, but concerning the rights of large bodies of citizens? And what are the different classes of legislators but advocates and parties to the causes which they determine? Is a law proposed concerning private debts? It is a question to which the creditors are parties on one side and the debtors on the other. Justice ought to hold the balance between them. Yet the parties are, and must be, themselves the judges; and the most numerous parties, or, in other words, the most powerful faction must be expected to prevail. …. It is in vain to say that enlightened statesmen will be able to adjust these clashing interests, and render them all subservient to the public good. Enlightened statesmen will not always be at the helm. Nor, in many cases, can such an adjustment be made at all without taking into view indirect and remote considerations, which will rarely prevail over the immediate interest which one party may find in disregarding the rights of another or the good of the whole. Document 7 Source: Journal of James Madison, on what would become known as the Connecticut Compromise or the Great Compromise. July 13, 1787. From The Records of the Federal Convention of 1787 Document 8 Source: Personal letter from George Washington to his good friend David Humphreys, October 10, 1787. My dear Humphreys, Your favor of the 28th Ult. came duly to hand, as did the other of June. With great pleasure, I received the intimation of your spending the Winter under this roof. The invitation was no less sincere than the reception will be cordial. The convention shall be, that in all things you shall do as you please—I will do the same—No ceremony shall be observed—nor any restraint be imposed on anyone. The Constitution that is submitted is not free from imperfections; but there are as few radical defects in it as could well be expected, considering the heterogeneous mass of which the Convention was composed—and the diversity of interests which were to be reconciled. A Constitutional door being opened, for future alterations and amendments, I think it would be wise for the People to adopt what is offered to them; and I wish it may be by as great a majority of them as in the body that decided on it; but this is hardly to be expected, because the importance, and sinister views of too many characters will be affected by the change. Much will depend, however, on literary abilities, & the recommendation of it by good pens, should it be openly, I mean publicly attacked in the Gazettes. Go matters however as they may, I shall have the consolation to reflect, that no objects but the public good, and that peace & harmony which I wished to see prevail in the Convention, ever obtruded, even for a moment, in my mind, during the whole session, lengthy as it was. What reception this State will give to the proceedings (thro’ the great territorial extent of it) I am unable to inform you. In these parts of it, it is advocated beyond my expectations. The great opposition, if great is given, will come from the Counties Southward and Westward; from whence I have not, as yet, heard much that can be depended on. .... As I am beginning to look for you, I shall add no more at present, but the best wishes of the family, and the affected regards of your Sincere friend and Obedient Humble Servant G. Washington Document 9 Source: Painting by Howard Chandler Christy, Scene at the Signing of the Constitution of the United States, 1940