U.S. Presidency CHPT 2

-The delegates were uncertain about the relationship between the two aspects of the executive that they eventually came to regard as incompatible: eligibility for reelection and legislative selection -Mason explained that the constitution could not include both because if the legislature could reelect the executive, there would be a constant temptation on the side of the executive to intrigue with the legislature for a re-appointment, using political patronage and illegitimate favors to by legislators' votes -BUT On July 17 the convention voted for both legislative selection and re eligibility

true *****BUT THE COMMITTEE ON POSTPONED MATTERS RECOMMENDATION OF AN ELECTORAL COLLEGE WAS ADOPTED BY THE CONVENTION SO THAT THE COLLEGE WOULD CHOOSE THE PRESIDENT FOR A FOUR YEAR TERM WITH NO LIMIT ON REELIBILITY

-FROM THE BEGINNING THE CONVENTION IMPOSED TWO PROHIBITIONS TO PRESERVE INSTITUTIONAL SEPARATION WITHIN THE GOV -THE FIRST WAS: Banned alterations in the incumbent executive's salary -THE SECOND WAS: and forbade simultaneous membership in the legislative and executive branches

true *BOTH PROHIBITIONS WERE IN THE VIRGINIA PLAN AND REMAINED UNLATERED IN THE FINAL CONSTITUTION

THE COMMITTEE ON POSTPONED MATTERS PROPOSED IN EARLY SEPT TO EXTEND EVEN FURTHUR THE PRESIDENT'S ROLE IN THE APPOINTMENT PROCESS. JUDGES, MINISTERS, AND OFFICERS THAT THE DELEGATES HAD NOT ALREADY PROVIDED FOR WOULD BE APPOINTED BY THE PRESIDENT WITH THE ADVICE AND CONSENT OF THE SENATE. A SIMPLE MAJORITY VOTE OF THE SENATORS PRESENT WOULD SUFFICE TO CONFIRM A PRESIDENTIAL APPOINTMENT.

TRUE -THE CONVENTION APPROVED THE COMMITTEE'S RECOMMENDATION AFTER MAKING THREE ADDITIONS: 1. THE PRESIDENT WAS GIVEN THE POWER TO FILL VACANCIES THAT OCCUR WHILE THE SENATE IS IN RECESS 1. THE POWER TO APPOINT THE TREASURER AT LAST WAS TRANSFERRRED FROM CONGRESS TO THE PRESIDENT 3. CONTROL OF CERTAIN FORMS OF PATRONAGE WAS DISTRIBUTED BETWEEN THE TWO BRANCHES BY GIVING CONGRESS THE POWER TO VEST THE APPOINTMENT OF SUCH INFERIOR OFFICERS AS THEY THINK PROPER IN THE PRESIDENT, THE COURTS, OR THE HEADS OF THE DEPTS

SOUTHERN DELEGATES FEARED THAT THEIR STATES' RIGHTS TO FREE NAGIVATION OF THE MISSISSIPPI RIVER MIGHT BE SURRENDERED IN A TREATY. NEW ENGLANDERS EXPRESSED SIMILAR FEARS ABOUT THEIR RIGHTS TO FISH IN THE WATERS NEAR NEWFOUNDLAND

TRUE ***SO THE DELEGATES REFERRED THE TREATY ISSUE TO THE COMMITTEE ON POSTPONED MATTERS

THE COMMITTEE OF DETAIL RECOMMENDED THAT THE PRESIDENT BE ALLOWED TO CALL CONGRESS INTO SPECIAL SESSION

TRUE -AND THE PRESIDENT CAN AJOURN CONGRESS TO THE TIME THAT HE SEES PROPER WHEN DISAGREEMENT BETWEEN THE TWO HOUSES ARISES BETWEEN THE TIME OF ADJOURMENT -ALSO BECAUSE OF MCHENRY OF MARYLAND THE CONSTITUTION ALSO READS: HE MAY ON EXTRAORDINARY OCCASSIONS, CONVENE BOTH HOUSES OR EITHER OF THEM IN CASES IN WHICH THE HOUSE HAD NO AUTHORITY LIKE A TREATY OR AN URGENT PRESIDENTIAL APPOINTMENT

THE PARDON POWER IS A POWER OF THE KINGS. IN GREAT BRITAIN ALL CRIMES WERE REGARDED AS OFFENSES AGAINST THE CROW, THE POWER TO FORGIVE WAS A ROYAL PREROGATIVE

TRUE -BUT CRIMES IN THE U.S. WERE REGARDED AS OFFENSES AGAINST THE LAW, NOT THE EXECUTIVE , WHICH IS WHY NO STATE CONSTITUTION ALLOWED GOVERNORS A UNILATERAL PARDON POWER

IN FEDERALISTS 71 TO 73 HAMILTION DEFENDED THE PRESIDENCY AS HAVING ADDITIONAL QUALITIES INDISPENSABLE TO ENERGY

TRUE -DURATION WAS A THEME IN FEDERALIST 71 -HAMILTON ADDED IN FEDERALIST 72 THAT THE PROVISION FOR REELECTION ACKNOWLEDGE THAT THE DESIRE OF REWARD IS ONE OF THE STRONGEST INCENTIVES OF HUMAN CONDUCT

IN MARCH 1788 HAMILTON WROTE FEDERALISTS #66-77 WHICH DEALT WITH THE PRESIDENCY

TRUE -FEDERALIST NO. 69 ADDRESSED THE ANTI FEDERALIST CHARGE THAT THE PRESIDENCY WAS A LATENT MONARCHY

THE REASON FOR REQ THE PRESIDENT TO BE A NATURAL BORN CITIZEN WAS TIED TO CONTEMPORARY POLITICS AS WELL

TRUE -IN EARLY AUGUST RUMORS SPREAD THAT THE DELEGATES WERE PLOTTING TO INVITE A EUROPEAN MONARCH TO RULE THE U.S.. THE DUKE OF OSNABURGH WHO WAS KING GEORGE'S III SECOND SON WAS THE MOST FREQUENTLY MENTIONED PRETENDER

THE FIRST SUGGESTION THAT THE TREATY POWER BE SHARED BETWEEN THE LEGISLATIVE AND EXECUTIVE BRANCHES CAME FROM HAMILTON

TRUE -IN HIS PLAN, HAMILTON SUGGESTED THAT THE EXECUTIVE SHOULD HAVE WITH THE APPROBATION AND ADVICE OF THE SENATE THE POWER OF MAKING ALL TREATIES

THE CONSTITUTION AUTHORIZES THE PRESIDENT TO REQUIRE THE OPINION, IN WRITING, OF THE PRINCIPAL OFFICER IN EACH OF THE EXECUTIVE DEPARTMENTS, UPON ANY SUBJECT RELATING TO THE DUTIES OF THEIR RESPECTIVE OFFICES

TRUE -IT WAS ADOPTED ON SEPT 7

DURING THE FIRST TWO MONTHS OF THEIR DELIBERATIONS, THE DELEGATES REFFERED TO THE HEAD OF THE EXECUTIVE BRANCH AS THE NATIONAL EXECUTIVE, SUPREME EXECUTIVE , OR GOVERNOR

TRUE -ON AUG 6 THE COMMITEE OF DETAIL INCLUDED THE TERM "PRESIDENT" IN ITS REPORT TO THE CONVENTION AND IT WAS ACCEPTED

ANTI-FEDERALISTS ATTACKED THE PRESIDENCY AS A DISGUISED MONARCHY THAT IN COLLABORATION WITH AN ALLEGEDLY ARISTORCRATIC SENATE, EVENTURALLY WOULD RULE THE U.S. MUCH AS THE BRITISH KING ASSISTED BY THE HOUSE OF LORDS WAS SAID TO RULE ENGLAND

TRUE -PATRICK HENRY WAS AN ANTI-FEDERALIST

THE THEORY THAT POWERS OF THE PRESIDENCY EXTEND BEYOND THOSE LISTED IN THE CONSTITUTION IS SUPPORTED BY THE LANGUAGE OF THE DOC ITSELF, THANKS TO A "JOKER" THAT MORRIS, THE CHIEF DRAFTER OF THE COMMITTEE OF STYLE TOSSED INTO THE FINAL VERSION

TRUE -SO IT SAYS: "ALL LEGISLATIVE POWERS HEREIN GRANTED SHALL BE VESTED IN A CONGRESS OF THE UNITED STATES" -THACH SUSPECTED THAT MORRIS DID HIS TINKERING WITH FULL REALIZATION OF THE POSSIBILITIES-THAT PRESIDENTS COULD LATER CLAIM THAT THE DIFFERENT PHRASING OF THE TWO BRANCHES VESTING CLAUSES IMPLIES THAT THERE ARE EXECUTIVE POWERS BEYOND THOSE HEREIN GRANTED

ALEXANDER HAMILTON WAS THE FIRST DELEGATE TO SUGGEST THAT THE DELEGATES GRANT THE PRESIDENT THE POWER TO PARDON CRIMINALS

TRUE -SO THE COMMITTEE OF DETAIL RECCOMENDED THAT THE PRESIDENT SHALL HAVE POWER TO GRANT REPRIEVES AND PARDONS; BUT HIS PARDON SHALL NOT BE PLEADABLE IN BAR OF AN IMPEACHMENT -BASICALLY THE PRESIDENT DOES NOT HAVE THE POWER TO PREVENT AN IMPEACHMENT

THE COMMITTEE OF DETAIL SUGGESTED A MILITARY ROLE FOR THE PRESIDENT IN ITS ENUMERATION OF THE POWERS OF EACH BRANCH

TRUE -THE COMMITTEE OF DETAIL PROPOSED THAT THE PRESIDENT SHALL BE COMMANDER IN CHIEF OF THE ARMY AND NAVY OF THE U.S. AND OF THE MILITIA OF THE SEVERAL STATES -COMMITTEE OF DETAIL SUGGESTED THAT CONGRESS BE EMPOWERED TO MAKE WAR, TO RAISE ARMIES; TO BUILD AND EQUIP FLEETS' TO CALL FORTH THE AID OF THE MILITIA, IN ORDER TO EXECUTE THE LAWS OF THE UNION' ENFORCE TREATIES' SUPPRESS INSURRECTIONS, AND REPEL INVASIONS ***SO IT WAS DECIDED THAT THE PRESIDENT SHOULD BE ABLE TO REPEL AND NOT TO COMMENCE WAR ***IT WAS ALSO DECIDED THAT THE PRESIDENT SHALL BE COMMANDER IN CHIEF OF THE ARMY AND NAVY OF THE UNITED STATES, AND OF THE MILITIA OF THE SEVERAL STATES, WHEN CALLED INTO THE ACTUAL SERVICE OF THE UNITED STATES

THE RESIDENCY AND CITIZENSHIP REQS FOR PRESIDENT WERE GROUNDED LESS IN PRINCIPLES OF GOOD GOV THAN IN POLITICS OF THE MOMENT:

TRUE -THE STIPULATION THAT THE PRESIDENT MUST BE AT LEST 14 YEARS A RESIDENT OF THE U.S. WAS DESIGNED TO ELIMINATE BOTH BRITISH SYMPATHIZERS WHO HAD FLED TO ENGLAND DURING THE REVOLUTIONARY WAR AND POPULAR FOREIGN MILITARY LEADERS, LIKE BARON FREDRICK VON STEUBEN OF PRUSSIA, WHO HAD EMIGRATED TO THE U.S. TO FIGHT IN THE REVOLUTION -AS FOR THE LENGTH OF THE RESIDENCY REQ THE COMMITTEE OF DETAIL'S RECOMMENDATION OF 21 YEARS PROBABLY WAS REDUCED TO 14 BECAUSE THE LONGER REQ -BUT NOT SHORTER ONE MIGHT HAVE BEEN INTERPRETED TO BAR THREE OF THE CONVENTION'S DELEGATES FROM THE PRESIDENCY: ******ALEXANDER HAMILTON, PIERECE BUTLER, AND JAMES MCHENRY

THE COMMITTEE OF DETAIL RECOMMENDED THAT THE PRESIDENT WAS TO BE AT 35 YEARS OLD OR OLDER, A U.S. CITIZEN, AND AN INHABITIANT OF THE U.S. FOR AT LEAST 21 YEARS

TRUE -THEN A REVISION WAS MADE: AT LEAST 35 YEARS OLD, A NATURAL BORN CITIZEN OR A CITIZEN AT THE TIME OF THE CONSTITUTION'S ADOPTION, AND 14 YEARS RESIDENT -THIS WAS APPROVED ON SEPT 7

THE PRESIDENT'S POWER TO RECEIVE AMBASSADORS WAS PROPOSED BY THE COMMITTEE OF DETAIL

TRUE -THIS HAS MADE THE PRESIDENT THE SOLE OFFICIAL RECIPIENT OF COMMUNICATIONS FROM FOREIGN GOVS AND THE SOLE DETERMINER OF WHICH THE GOVS THE UNITED STATES RECOGNIZES DIPLOMATICALLY

ON SEPT 4 THE COMMITTEE ON POSTPONED MATTERS SUGGESTED THAT THE PRESIDENT WITH THE ADVICE AND CONSENT OF THE SENATE, BE GRANTED THE TREATY MAKING POWER AND THAT NO TREATY BE APPROVED WITHOUT THE CONSENT OF 2/3 OF THE MEMBERS OF THE SENATE PRESENT

TRUE -THIS RECOMMENDATION BY THE COMMITTEE ON POSTPONED MATTERS WAS ACCEPTED

THE CONVENTION BARRED THE IMPOSITION OF A RELIGIOUS OATH ON THE PRESIDENT AND OTHER OFFICIALS OF THE NATIONAL GOV

TRUE -THIS WAS APPROVED

NO PROPERTY QUALIFICATION WAS INCLUDED IN THE CONSTITUTION

TRUE -THIS WAS BECAUSE IT WAS DIFFICULT TO ESTABLISH AN ACCEPTABLE PROPERTY REQ

THE COMMITTEE ON POSTPONED MATTERS RECOMMENDED THAT THE VICE PRESIDENT SERVE AS PRESIDENT OF THE SENATE, VOTING ONLY TO BREAK TIES (THE COMMITTEE USED THE VICE PRESIDENT TO SOLVE TWO PROBLEMS: ROLE OF THE PRESIDENT OF THE SENATE AND SUCCESSION WHEN THE PRESIDENCY UNEXPECTEDLY BECAME VACANT

TRUE -VICE PRESIDENTS WERE NOT BARRED FROM PRESIDING OVER THEIR OWN IMPEACHMENT TRIALS BUT THEY WERE IN PRESIDENTIAL IMPEACHMENT TRIALS

THE FINAL COMMITTEE OF DETAIL'S FORMULATION ON THE TAKE CARE CLAUSE WAS: HE SHALL TAKE CARE THAT THE LAWS OF THE UNITED STATES BE DULLY AND FAITHFULLY EXECUTED

TRUE FINAL VERSION: HE SHALL TAKE CARE THAT THE LAWS BE FAITHFULLY EXECUTED

-The Virginia Plan provided that a "council of revision" consisting of the executive and "a convenient number of the National Judiciary" would be created to veto laws passed by the legislature -all thirteen state constitutions provided for councils of various sorts, most of which were legislatively selected. -Sherman who voted in the end for the single executive said that he had only done so only because he assumed it would be forced to share power with a council Wilson, opposed having a council as proposed by the Virginia Plan in the executive because he believed it would dilute the virtues of the virtues of the unitary executive such as: ENERGY DISPATCH AND RESPONSIBILITY

True

Congress's original call for a convention in Philadelphia had charged the delegates only to propose amendments to the Articles of Confederation, not to design an entirely new system of gov

True

Some of the most pointed criticisms of the proposed constitution came from disaffected delegates to the Constitutional Convention

True

The most strident opposition to the presidency was registered by Patrick Henry of Virginia on June 7, 1788

True

All the powers of the presidency are detailed in Article II of the constitution except the veto power that is in Article 1 section 7

true

Although monarchy was the Anti-Federalists MAIN fear the NC and Virginia ratifying conventions urged the enactment of a constitutional amendment that would limit each president to no more than eight years in office in any 16 year period

true

Anti-federalists attacked the presidency as a disguised monarchy that in collaboration with an allegedly aristocratic Senate eventually would rule the U.S. much as the British King assisted the House of the Lords was said to rule England

true

Executive power was a general term suffificently ambigous so that no one could say precisely what it meant

true

Madison's main reason for amending Randolph's motion is clear: he wanted Congress to call a special presidential election to replace a departed president or to permit a supply of vacancy by the intermediate election of the president

true

Other Anti-Federalists focused their attack on the close relationship they thought the Constitution fostered between the monarchical president and the aristocratic senate the two bodies that without the involvement of the democratic house of representatives shared the powers of appointment and treaty making

true

The Virginia Plan made by James Madison did not specify if the executive would be made up of one person, the length of the term, and its powers were not enumerated

true

The presidency also drew criticisms from two future presidents: Thomas Jefferson and James Monroe about the president being reelected into life tenure

true

the idea of a vice president was not unknown among the delegates to the Constitutional Convention -during the period of British rule several colonies had lieutenant governors (a.k.a deputy governors) whose ongoing duties were minor but stood to serve as the acting governor if the governor died, was removed from office, ill, or absent from the colony

true

THE MORRIS-PICKNEY PLAN PROVIDED FOR THE CREATION OF GIVE DEPTS: 1. DOMESTIC AFFAIRS' 2. COMMERCE AND FINANCE 3. FOREIGN AFFAIRS 4. WAR 5. MARINE

**THE PRINCIPLE OFFICERS OF EACH DEPT WOULD BE APPOINTED BY THE PRESIDENT AND SERVE AT THE PRESIDENT'S PLEASURE ***TOGETHER WITH THE CHIEF JUSTICE OF THE U.S., THEY WOULD CONSTITUTE OF A COUNCIL OF STATE WHOSE PURPOSE WOULD BE TO ASSIST THE PRESIDENT IN CONDUCTING PUBLIC AFFAIRS. THE PRESIDENT MAY FROM TIME TO TIME SUBMIT ANY MATTER TO THE DISCUSSION OF THE COUNCIL OF STATE, AND HE MAY REQUIRE THE WRITTEN OPINIONS OF ANY ONE OR MORE OF THE MEMBERS: BUT HE SHALL IN ALL CASES EXERCISE HIS OWN JUDGEMENT, AND EITHER CONFORM TO SUCH OPINIONS OR NOT AS HE MAY THINK PROPER; AND EVERY OFFICER ABOVE MENTIONED SHALL BE RESPONSIBLE FOR HIS OPINION ON THE AFFAIRS RELATING TO HIS PARTICULAR DEPARTMENT ***IT WAS APROVED ON SEPT 7

ARTICLE 2 SECTION 2 OF THE CONSTITUTION PROVIDES THREE METHODS FOR APPOINTING FEDERAL JUDGES OR OTHER UNELECTED GOVERNMENT OFFICIALS

1. PRESIDENTIAL APPOINTMET WITH SENATE CONFIRMATION (THE ORDINARY METHOD) 2. PRESIDENTIAL APPOINTMENT WITHOUT SENATE CONFIRMATION (SENATE IS IN RECESS) 3. WHEN CONGRESS DETERMINES BY STATUE, APPOINTMENT OF CERTAIN INFERIOR OFFICERS (OFFICERS SUBORDINATE TO THE HEADS OF THE DEPTS OR THE COURTS OF LAW) BY THE DEPARTMENT HEADS OR THE COURTS

THE AGE REQ HAD TWO JUSTIFICATIONS:

1. THE DELEGATES PRESUMED AGE WOULD FOSTER MATURITY 2. THE PASSAGE OF YEARS LEFT IN ITS WAKE A RECORD FOR THE ELECTORATE TO ASSESS

Main issues that divided the delegates:

1. president's selection 2. term 3. re eligibility *this was not decided until September when the Committee on postponed Matters proposed a selection by an Electoral College, a 4 year term with no limit on eligibility for re-election and the creation of the vice presidency

3 PROVISIONS OF ARTICLE III

1. president's title 2. oath of office 3. qualifications

Delegates made three modifications to the committee's impeachment proposal on Sept 8:

-MAJORITY REQ FOR SENATE CONVICTION RAISED TO 2/3 -VICE PRESIDENT AND ALL CIVIL OFFICERS OF U.S. MADE SUBJECT TO IMPEACHMENT THE SAW WAY AS THE PRESIDENT -REMIND SENATORS THAT THEY SHOULD VOTE IMPARTIALLY, THE DELEGATES DECIDED THAT THEY SHALL BE ON OATH AFFIRMATION DURING IMPEACHMENT TRIALS

ADEQUATE PROVISION FOR ITS SUPPORT WAS A THIRD ENERGY INDUCING QUALITY OF THE PRESIDENCY ACCORDING TO HAMILTON

TRUE

ANTI-FEDERALISTS WERE AGAINST A STRONG EXECUTIVE

TRUE

BEFORE HE ENTER ON THE EXECUTION OF THE HIS OFFICE, THE CONSTITUTION REQUIRE THE PRESIDENT TO TAKE THE FOLLOWING OATH OR AFFIRMATION -"I DO SOLELY SWEAR THAT I WILL FAITHFULLY EXECUTE THE OFFICE OF THE PRESIDENT OF THE UNITED STATES AND WILL TO THE BEST OF MY ABILITY, PRESERVE, PROTECT, AND DEFEND THE CONSTITUTION OF THE UNITED STATES

TRUE

CATO ARGUED THAT THE VICE PRESIDENCY WAS UNNCECESSARY AND DANGEROUS

TRUE

FEDERALIST 70 DESCRIBED THE VIRTUES OF THE PRESIDENCY. ITS THEME WAS "ENERGY" A QUALITY THAT IS A REQUISITE TO GOOD GOVERNMENT

TRUE

HE SHALL FROM TIME TO TIME GIVE TO THE CONGRESS INFORMATION OF THE STATE OF THE UNION, AND RECOMMEND TO THEIR CONSIDERATION SUCH MEASURES AS HE SHALL JUDGE NECESSARY AND EXPEDIANT

TRUE

IN FEDERALIST 65 HAMILTON DESCRIBED IMPEACHABLE OFFENSE AS THE ABUSE OR VIOLATION OF SOME PUBLIC TRUST

TRUE

IN FEDERALIST 73, 74 AND 77, HAMILTON DEFENDED THE ENUMERATED POWERS OF THE PRESIDENCY ALONG WITH UNITY, DURATION, AND ADEQUATE SUPPORT WERE FOR HIM INDISPENSABLE INGREDIENTS OF PRESIDENTIAL ENERGY

TRUE

MADISON THOUGHT THAT THE PRESIDENT WHO REPRESENTED THE ENTIRE COUNTRY SHOULD MAKE TREATIES

TRUE

MEMBERS OF THE HOUSE OF REPRESENTATIVES MUST BE AT LEAST 25 YEARS OLD, 7 YEAR CITIZENS AND AN INHABITANT OF THE STATE THEY REPRESENTED

TRUE

NO STATEMENT OF QUALIFICATIONS FOR PRESIDENT WAS INCLUDED IN THE CONSTITUTION UNTIL SEPT 7, JUST TEN DAYS BEFORE THE CONVENTION ENDED

TRUE

PARAGRAPH 6 OF ARTICLE II, SECTION 1" IN THE CASE OF THE REMOVAL OF THE PRESIDENT FROM OFFICE OR OF HIS DEATH, RESIGNATION, OR INABILITY TO DISCHARGE THE POWERS AND DUTIES OF THE SAID OFFICE, THE SAME SHALL DEVOLVE ON THE VICE PRESIDENT AND THE CONGRESS MAY BY LAW PROVIDE FOR THE CASE OF REMOVAL, DEATH, RESIGNATION, OR INABILITY, BOTH OF THE PRESIDENT AND VICE PRESIDENT, DECLARING WHAT OFFICER SHALL THEN ACT AS PRESIDENT AND SUCH OFFICER SHALL ACT ACCORDINGLY UNTIL THE DISABILITY BE REMOVED, OR A PRESIDENT SHALL BE ELECTED

TRUE

SENATORS MUST BE AT LEAST 30 YEARS OLD, NINE YEARS A CITIZEN, AND AN INHABITANT OF THE STATE

TRUE

SOME STATE CONSTITUTIONS REQUIRED PUBLIC ADHERENCE TO CHRISTIANITY AS A CONDITION FOR SERVING AS GOVERNOR, OTHERS AN ADHERENCE TO THE PROTESTANT FORM OF CHRISTIANITY

TRUE

THE ANTI-FEDERALIST CATO ARGUED THAT THE PRESIDENT'S TERM WAS TOO LONG AND CITED MONTESQUIEU'S ENDORSEMENT OF ANNUAL ELECTIONS -SAID THAT THE ABSENCE OF A COUNCIL MEAN THAT THE PRESIDENT WOULD BE UNSUPPORTED BY PROPER INFO AND ADVICE AND WILL GENERALLY BE DIRECTED BY MINIONS AND FAVORITES -INSTEAD OF DIRECT ELECTION (WHICH CATO FAVORED) THE PRESIDENT ARRIVES TO THIS OFFICE AT THE 4TH AND 5TH HAND

TRUE

THE APPOINTMENT POWER WAS ONE OF THE 1ST, LAST, AND IN BETWEEN MOST CONTENTIOUS ISSUES AT THE CONVENTION

TRUE

THE INVENTION OF THE VICE PRESIDENTS SEEMS TO HAVE BEEN AN AFTERTHOUGHT OF THE CONVENTION, A RESIDUE OF ITS SOLUTION TO THE PROBLEM OF PRESIDENTIAL SELECTION

TRUE

THE NORTH CAROLINA AND VIRGINIA RATIFYING CONVENTIIONS URGED THE ENACTMENT OF A CONSTITUTIONAL AMENDMENT THAT WOULD LIMIT EACH PRESIDENT TO NO MORE THAN 8 YRS IN OFFICE IN ANY 16 YEAR PERIOD

TRUE

THE ONLY MENTION OF THE VICE PRESIDENT OFFICE IN THE FEDERALISTS PAPERS IS IN NO. 68 WRITTEN BY HAMILTION

TRUE

THE PARDON ENTERED THE CONSTITUTION AS THE PRESIDENT'S ONLY IMPORTANT UNCHECKED POWER

TRUE

UNDER THE ARTICLES OF CONFEDERATION THE LEGISLATURE HAD BEEN EMPOWERED TO MAKE TREATIES WITH OTHER COUNTRIES

TRUE

WILSON AND HAMILTON WANTED TO MAKE THE APPOINTMENT OF JUDGES, AMBASSADORS, AND OTHER GOV OFFICIALS A PURELY EXECUTIVE RESPONSIBILITY, WITH NO INVOLVEMENT AT ALL BY THE LEGISLATURE

TRUE

On June 1st the convention, meeting as the Committee of the Whole, heard a motion from Wilson that the executive be a single person. Wilson argued that a single executive would be a source of energy and dispatch (of vigorous/timely action) in a new gov. A single executive was indispensable to controlling executive power

True -these arguments were persuasive to most delegates. They feared monarchy but they also realized how much the national gov had suffered under the Articles of Confederation from the diffuseness of executive responsibility. As property owners they worried about threats to the social order such as Shay's Rebellion and regarded a single executive as more likely than a committee to respond quickly and effectively to riot and discord On June 4 the convention voted for a unitary executive (single person) and Washington was in favor **On average the most vocal proponents of a unitary executive were nearly 15 years younger than their opponents \ -the reason for this discrepancy was because the views of the executive power of the older delegates were colored by their battles against loyal royal governors -the younger delegates who had come of age during the 1770s and 1780s were more worried about the weakness of the executive power in the state constitutions and the Articles of Confederation

-Wilson was as much as opposed to the clause in the Virginia Plan that provided for the executive to be chosen by the National Legislature as he was in favor of a unitary executive. Legislation selection would make the executive a creature of and subservient to the legislature- On June 1 Wilson suggested that the executive be elected by the people-The delegates dismissed Wilson's proposal for popular election. Some said that the idea was to democratic and that democracy was suited only for small polities. Others said that by requiring voters to pass judgement on candidates from distant states of whom they knew little or nothing of, popular election seemed impractical -Madison pointed out that if the people were to directly themselves elect the president then the northern states would almost always win because the north was more populated than the south -but then on June 2 Wilson proposed that an electoral college would vote for the executive (president)

True -under the electoral college, each state would be divided into a few districts. The voters in these districts would choose electors who in return would gather at a central location to elect the executive ***BUT THE DELEGATES VOTED INSTEAD TO AFFIRM THE LEGISLATIVE SELECTION PROVISION OF THE VIRGINIA PLAN

-THE CONVENTION'S CONCENSUS ON IMPEACHMENT BECAME APPARENT ON JUNE 2 WHEN THE COMMITTEE OF THE WHOLE PASSED THE NORTH CAROLINA DELEGATE HIGH WILLIAMSON'S MOTION THAT THE EXECUTIVE BE "REMOVABLE ON IMPEACHMENT AND CONVICTION OF MALPRACTICE OR NEGLECT OF DUTY" -Impeachment is analogs to indictment by a grand jury, it must be followed by by a trial and conviction for the impeached official to be removed from office

True IMPEACHED BY THE HOUSE OF REPS AND CONVICTED IN SUPREME COURT FOR TREASON, BRIBERY, OR CORRUPTION *CHIEF JUSTICE TO BE INCLUDED BUT THE COURT IS NOT INVOLVED IN THE IMPEACHMENT PROCESS

Governor Morris regarded the executive as the GREAT PROTECTOR OF THE MASS OF THE PEOPLE

True Morris thought that a strong executive would restrain public opinion

James Wilson envisioned the executive as the MAN OF THE PEOPLE

True Wilson thought that the executive would enhance the influence of the public opinion -only delegate who envisioned presidents much like how we envision them today- vigorous and powerful but based firmly on the will of the people

The delegates made the executive a lot stronger than they had intended to

true -THE DESIGN OF THE EXECUTIVE WAS ONE OF THE MOST VEXING PROBLEMS OF THE CONSTITUTIONAL CONVENTION AND SOLVING IT WAS THE CONVENTION'S MOST CREATIVE ACT -THE PRESIDENCY EMERGED FROM A SERIES OF INGENIOUS EFFORTS TO DESIGN A NEW INSTITUTION THAT WOULD BE SUITABLY ENERGETIC BUT SAFELY REPUBLICAN **ONE PROBLEM THE DELEGATES ENCOUNTERED WAS THAT THEIR EXPERIENCE OFFERED SEVERAL MODELS OF WHAT THEY DID NOT WANT IN AN EXECUTIVE BUT FEW MODELS THAT THEY FOUND ATTRACTIVE ***THE BRITISH MONARCH AND ROYAL GOVERNORS HAD BEEN IN THEIR EYES, TRAMPLERS OF LIBERTY ***THE CONSTITUTIONS THAT THE STATES WROTE AFTER INDEPENDENCE PROVIDED FOR GOVERNORS WHO WERE NONTHREATENING BUT ALSO WEAK TO THE POINT OF IMPOTENCE ***THE NATIONAL GOV OF THE ARTICLES OF CONFEDERATION HAD NO CHIEF EXECUTIVE AT ALL **A SECOND PROBLEM THAT STYMIED THE DELEGATES DERIVED FROM THEIR GENERAL AMBIVALENCE ABOUT EXECUTIVE AUTHORITY. THEY WANTED AN EXECUTIVE THAT WAS STRONG ENOUGH TO ENFORCE THE LAW AND CHECK A RUNAWAY LEGISLATURE BUT NOT STRONG AS TO BECOME DESPOTIC

after independence, FIVE STATES- CONNECTICUT, MASSACHUSSETTS, NEW YORK, RHODE ISLAND, AND SOUTH CAROLINA -included lieutenant governors

true -NY's lieutenant was also the ex officio president of the state senate and was allowed to break tie votes -In Georgia and Virginia the head of the privy council, a cabinet style body, was the designated gubrnatorial successor -in Delaware and North Carolina it was the speaker of the upper house of the legislator -In New Hampshire the senior member of the state senate

On June 18, Hamilton suggested that in the event of the executive's death, resignation, impeachment and removal, or absence from the country, the senator who served as president of the senate should exercise all the powers by this constitution vested in the president, until another shall be appointed or until he shall return within the U.S. if his absence was with the Consent of the Senate and Assembly

true -but the proposal was never formally discussed

Locke argued in his book "Second Treatise of Government" that in times of crisis, laws that were inadequate to the challenges at hand should temporarily give way to executive power, viz, that as much as may be, all the members of society are to be preserved

true -prerogative according to Locke was the people's permitting their rulers to do several things of their own free choice, where the law was silent or sometimes too against the direct letter of the law for the public good and their acquiescing in it when do done

The Anti-Federalist Cato argued that the president's term was too long and cited Montesquieu's endorsement of annual elections

true Cato charged the absence of a council meant that the president would be unsupported by proper info and advice and will generally be directed by minions and favorites Instead of a direct election by the people (which Cato favored ) the president arrives to this office at the 4th and 5th hand

Sherman (Author of the Connecticut Compromise) proposed to let the House of Reps elect the president if the electoral college failed to produce a majority, but assign each state's house delegation a single vote. Senate still would choose the vice president in the event of a tie

true On Sept 6 the convention agreed