Background Information
Constitutional Convention
In order to delve into the history of the making of the United States President you must first set the stage for how our Constitution came together. The convention was put together by a group of people but James Madison stands out as the face of the convention. The first task of the planners was to get George Washington to attend the convention. They felt "that Washington's presence would give it badly needed credibility and attract others" 1. Washington did not particularly want a part in this convention and needed a lot of coaxing to give in to their request. It was Shay's rebellion that helped to convince Washington of a necessary change with our government. (Shay's rebellion arose among farmers who could not pay their debts. Many would rather fight than lose their property or go to jail. "Congress, with no army and no money, was unable to stem the rebellion and looked on helplessly while a militia financed by business men finally put it down." 2) Madison's motive to invite Washington worked with newspapers displaying headlines such as "The American Fabius Arrives..." and "The hero comes...All hail! Great Man!" 3
The convention met in the State House of Philadelphia, Pennsylvania. Delegates started arriving in the beginning of May but enough delegates to begin were not present until May 25, 1787. New Hampshire never sent delegates because funds to support the trip were unavailable. One of the most notable delegates was Benjamin Franklin, 81. Although he offered words of wisdom throughout the convention he stayed politically neutral throughout the debates.
To understand why the convention seemed necessary at this time we must explore the climate and problems of the country. "The government had not caused all the problems-it was simply helpless in the face of them." 4 The root of the issues was the states' obsession with state power. European philosophers had taught the American people that the best governments were small, close to the people, and a manageable land area. This mind-set led the Confederation Congress to become an assembly of nations instead of a government. 5 The Confederation Congress did not have the power or ability to pay national debts, follow national treaties, settle Western land disputes, regulate commerce, or neutralize the slave trade issue. The states were all for themselves and hardly showed any loyalty to other states. Another major issue in the country at the time was inflation and the printing of worthless paper money. This issue was dividing the nation and creating other problems such as Shay's Rebellion.
James Madison and Alexander Hamilton organized the convention with the "purpose" of discussing the trade crisis. With state loyalties a priority, a convention openly suggesting change to the government would end before it started. Madison spent the winter of 1785 at his family home, Montpelier, working out his own plans for government. 6 Madison was prepared to set the course of the convention from its onset.
The Convention was determined to be held in secrecy which allowed the delegates to freely speak their minds, change their minds, not face political retribution, and prevented outside interference. 7 In Madison's favor many of the delegates who came to the convention would naturally be on his side. There were 55 delegates who attended the convention but 55 were never simultaneously present. The delegates who attended were different in many ways but also shared many commonalities. They were all well educated, wealthy (either born into it or becoming wealthy later in life), and were all looking to improve their lives and the country. Thirty of the delegates were part of the drafting of state constitutions, all but a few served in state legislatures, and forty-one served at some point in Congress. Serving in Congress exposed them to other states' points of view. 8 Out of the 55 delegates many stood out as intricate pieces to the debates of the convention. These men include James Madison, Alexander Hamilton, Benjamin Franklin, Roger Sherman, Gouverneur Morris, James Wilson, Elbridge Gerry, William Patterson, John Dickinson, Charles Pinckney, Edmund Randolph, and George Mason. 9 The men present at the convention also grew up under the British government with the mentality that it stood as "the best and freest system on earth". 10
Referring to the government as federal or national created tension during the convention due to the importance to maintain separate state governments. With the use of the word national it was feared that the state governments would be overthrown. 11 With the Revolutionary War fresh in their memories the delegates feared a controlling government: "What they were attempting was to discover a new kind of federalism, controlled by supreme power that was directly responsible to the people." 12
Constitutional Convention Views on Presidency
With the convention held in secrecy rumors of the debates began to spread around the nation. "On August 15, 1787, the delegates awoke to see hints in the Philadelphia press that they were preparing to install a monarchy and a monarch-Fredrick, Duke of York and Albany, the second son of George III of England." 13 The delegates expressed a great fear of allowing tyranny to rule the country. In their discussions they did not use the term "President" but instead used Chief Executive or National Executive. 14 They spent months discussing ideas of Presidency and revisited ideas over and over. "There was a greater range of individual opinion among the delegates on the character of the executive branch than on any other issue in the Convention". 15 The main issues when debating the details for the executive branch included the number of people in the executive office, election, reelection, term length, salary, veto over legislative branch, impeachment, and a council of advisors.
Number of Executives
The first decision for the delegates to make was how many people to appoint to the executive office. With fears of monarchy, appointing only one person was too close to this style of government even though many of the state governments created a single executive. 15 However, the single executive in state government was purposely given a subordinate role to the state legislature. 16 Several options were presented, including three executives from different parts of the country, one with a council, one with a life term, President chosen by the people, one chosen by Congress with reelection, one chosen by Congress without reelection, and one chosen by governors. 17 Each idea for the executive branch came with supporters who shared their reasoning at the convention. James Wilson argued that energy, dispatch and responsibility were required of the executive and this could be accomplished most effectively by one person. 14 Roger Sherman did not think using the British Government as a prototype was a wise idea, supporting the idea of having more than one executive. 10 Edmund Randolph believed that choosing 3 executives would allow all areas of the country to be represented. 18 While Pierce Butler argued that plurality would lead to distraction and to each executive favoring his area of the country. 18 Benjamin Franklin also favored a plural executive as he felt a single could be ambitious, fond of war, or may fall ill. 19 In the end the states voted 7 to 3 for a single executive (New York, Delaware, and Maryland voted no). 20
Election Process
With a single executive established, the delegates had to decide the election process. Many delegates pushed for the legislature to choose the executive. James Wilson believed that the executive couldn't look like a monarchy but it also needed to counter balance the state legislature. 21 If the legislature chose the president they would bargain with each other and would be controlled by promises or expectations of the branches. 22 The other idea for choosing a president was through the people either directly or indirectly through electors. Many delegates did not have much faith in the people of the country to successfully choose a president. They believed they would not effectively judge characters, and would allow charismatic men to lead them astray. George Mason equated it to a blind man picking out a color. 23 Each idea for choosing an executive came with its own downfall. If the legislature chose it would give them too much power, if the state legislator chose it would counteract taking away some of their power, and electors would make an uninformed choice. 24 Also, allowing the people to choose brought up questions of how to spread information about the candidates. The delegates concluded the people would vote based on the candidate's home state. 25 The concept of choosing an executive was revisited throughout the convention and sent to several committees for discussion.
The convention established the Electoral College allowing the people to indirectly choose the executive. John Dickinson helped the delegates to consider the Electoral College with the belief that "the people would not accept a president endowed with such far-reaching powers as the right to make treaties, command the armed forces, and appoint ambassadors, unless they had a role in selecting him." 26 In the original Electoral College the number of electors is equal to the number of representatives in Congress, the state legislature decides how to chose electors, the electors meet in their state and vote twice (one cannot be from home state), the votes are sent to the president of the Senate, majority wins and if there is a tie the Senate chooses, and the second highest is appointed Vice President. 27 During the convention it was also important for the delegates to find a balance of powers between the branches. In this electoral college plan the delegates felt the President would become a slave of the Senate, as no one person after Washington would gain the majority of the votes, and would secure an office for life. 28 Roger Sherman's revisions to the Electoral College (the House of Representatives chooses the president in the event of a tie, with one vote per state and the Senate chooses the vice president in the event of a tie) won with a vote of 10-1. 29 With the House of Representatives choosing it would eliminate factions forming as the Representatives are reelected more often than Senators.
Reelection and Term Length
Many ideas dealing with reelection and term length dominated the conversation of the delegates. Delegates thought one provided little incentive for the president to do well with no incentive of reelection. 30 A President up for reelection may ingratiate himself or herself with Congress to get reelected (once the electoral college was established this fear dissolved). 30 James Wilson proposed a six year term chosen through a lottery of legislators. 24 Many delegates supported a 7 year term without reelection but others argued a limit of one term would waste experience and talent. 31 With the creation of the Electoral College Gouverneur Morris suggested a president with a 4 year term with reelection believing the electoral college eliminated cabals forming. 32
Salary
The topic of a president's salary also needed a decision at the convention. Benjamin Franklin expressed strong opinions against a salary for the executive office. Using examples of Britain and Quakers he believed not offering a salary would bring more honorable men to the office. 33 The delegates respectively listened to Franklin's viewpoint but mostly because of his standing with the convention than out of concurrence. 34
Executive Veto
One of the major discussions rooted in preventing tyranny included a possible Presidential veto power over the legislative branch. 35 The points of views of the delegates stemmed from the actions of royal governors before the Revolution and interestingly the first three grievances in the Declaration of Independence dealt with this issue. 36 Benjamin Franklin believed the presidential veto, originally called the executive negative, would cause the Congress to manipulate the President. 19 Without a veto the legislative would be free to create laws without accountability. 37 Wilson argued against Franklin that a President elected in a republican system would be different than in the monarchy they experienced. 38 Madison held a firm belief that the judicial branch should also be part of the veto. 39 A committee of the convention decided to allow the executive veto with a 2/3 overrule by Congress. 40 Like other issues at the convention the delegates revisited this decision several times. At one point the delegates raised the overrule to 3/4 of Congress but ultimately kept the 2/3 of Congress. 41
Appointing Officers/Judges and Impeachment
The Presidential role included other details to debate at the convention. Who would appoint the federal judges? Would he have a council of advisors? Is he impeachable? James Wilson argued that the executive should chose the federal judges because he believed a large group choosing would result in "intrigue, partiality, and concealment". 40 John Rutledge of South Carolina disagreed, arguing the people would see the government more as a monarchy with only one person choosing. 40 The delegates thought it necessary for the president to surround himself with a council of advisors. The original idea of a privy council included the president of the Senate, Speaker of the House, the chief justice of the Supreme Court, and the principal officers of the executive departments (foreign affairs, domestic affairs, war, marine, and finance). 42 Madison's idea for the council was for the men to act as a check on Presidential power however the council today serves as direct agents of the power. 43 The impeachability of the President was imperative to setting the tone of our government. The possibility of impeachment eliminated the reference of a monarchy as kings cannot face impeachment. 44 Many delegates agreed on the concept of impeachment but not the method. Dickinson argued for the states involvement in impeachment which would create a cumbersome process. 45 Madison and Wilson did not agree with Dickinson as his plan would not preserve the "national" feel of the Constitution. 46
The decisions over defining the executive branch dominated a majority of the convention. Toward the end of the convention the delegates express exhaustion and the desire to finalize the constitution. John Rutledge urged the delegates to move on with the debates so they would not have to spend the remainder of the year in Philadelphia. 47 The vision of George Washington as the first President also may have influenced the executive branch's role in our government. Pierce Butler expressed this idea, "these powers would have been less extensive had not many members looked to General Washington as their first President". 48 During the ratifying conventions the discussion did not focus as much on the executive branch for the same reason. 49
After the Convention
After several months of deliberating the Constitutional Convention ended and the draft was complete. The next step required the sanction of the Confederation Congress, state governments, and the people at large. 50 The creation of the Constitution was quite the accomplishment but without approval the words would mean nothing. The next step was for each state to hold ratification conventions to approve or disapprove the Constitution. Nine states approval was required to put life into the Constitution. 51
The Constitution was quickly printed in newspapers around the nation. 52 As the states held their conventions a war of words began in the newspapers to sway the state's vote. Hundreds of essays were published by the Federalists in favor of the Constitution and the Anti-Federalists against the Constitution.
Federalist Views on Presidency
During the years of 1787-1788 Alexander Hamilton, James Madison, and John Jay wrote 85 essays under the name of Publius. Published in New York newspapers, they attempted to convince the American people of the credibility of the Constitution. 53 The Federalists had an advantage over the Anti-Federalists as out of a 100 or so newspapers only a few actively supported the Anti-Federalist side. 54 The men who comprised the Federalists spent the Constitutional Convention together debating and creating a strong coherent argument. 54 Their arguments were normally reasoned, quiet, and intellectual in content. 55 The Federalist demanded a direct yes or no without debate with the idea of future amendments after ratification. 56 In their essays the Federalists discussed each line and paragraph of the Constitution in detail. 56 They empowered the people by stating that the Constitution established a democracy with power in the hands of the people versus the central or state governments. 57 The Federalists stood for a strong nation government which diminished the independence of the states. 58
Essays 1, 51, and 68-77 focus on ideas related to the executive branch. This section includes key quotes and ideas for some of these essays which directly connect to the curriculum unit. Full text of all of the Federalist papers are accessible at this website http://www.foundingfathers.info/federalistpapers/.
No. 1
The first essay written by Hamilton introduces the purpose of the Constitution and includes reasons for accepting the Constitution. An interesting idea addressed is the ability of men to create an effective government. "Whether societies of men are really capable or not of establishing good government from reflection and choice, or whether they are forever destined to depend for their political constitutions on accident and force". The historical context of state rights is also explored. "Among the most formidable of the obstacles which the new Constitution will have to encounter may readily be distinguished the obvious interest of a certain class of men in every State to resist all changes which may hazard a diminution of the power, emolument, and consequence of the offices they hold under the State establishments".
No. 51
The 51st essay written either by Hamilton or Madison focuses on the importance of setting up a system of checks and balances. An intriguing quote from the essay prompts discussion on the purpose of government. "It may be a reflection on 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." Along with the idea of human nature the government itself needs a way of protecting itself from corruption. "In framing a government which 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." Two points of view on the executive veto are included as well. "An absolute negative on the legislature appears, at first view, to be the natural defense with which the executive magistrate should be armed. But perhaps it would be neither altogether safe nor alone sufficient. On ordinary occasions it might not be exerted with the requisite firmness, and on extraordinary occasions it might be perfidiously abused."
No. 68
The 68th essay by Hamilton focuses on the key topic of electing a president. The following quote provides reasoning for the Electoral College. "It was equally desirable, that the immediate election should be made by men most capable of analyzing the qualities adapted to the station, and acting under circumstances favorable to deliberation, and to a judicious combination of all the reasons and inducements which were proper to govern their choice." The quote above provides an interesting question, who are the "men most capable"?
No. 69
The 69th essay written by Hamilton addresses the issue of a single executive. He clearly shows the differences in the King's powers with the executive powers, as well as comparing the similarities with state governors. It lays out the specific powers and limitations of the presidency. He explores each power of the Presidency and argues against its similarities to a King.
No. 70
The 70th essay by Hamilton addresses the benefits of a single executive. "Wherever two or more persons are engaged in any common enterprise or pursuit, there is always danger of difference of opinion." This quote offers a different view on the expression "two heads are better than one". "But one of the weightiest objections to a plurality in the Executive, and which lies as much against the last as the first plan, is, that it tends to conceal faults and destroy responsibility." This quote lends itself to a discussion of responsibility and the implications of making a decision alone versus as a team.
No. 71
The 71st essay by Hamilton explains the reasoning for the length of the President's term. "It is a general principle of human nature, that a man will be interested in whatever he possesses, in proportion to the firmness or precariousness of the tenure by which he holds it; will be less attached to what he holds by a momentary or uncertain title, than to what he enjoys by a durable or certain title; and, of course, will be willing to risk more for the sake of the one, than for the sake of the other." This quote brings up the concepts of effort and work ethic. Should the length of term matter to the President?
No. 72
The 72nd essay by Hamilton describes in detail why a President should be eligible for reelection. He argues that if he did not have the possibility for reelection he would have less reason to demonstrate good behavior. He may also abuse powers for his own ambitions. With a President only serving one term he would never build his experience to the benefit of the country. The constant changing of a President would lead to instability and may pull a President out of office while in the middle of emergencies such as war. "Would it promote the peace of the community, or the stability of the government to have half a dozen men who had had credit enough to be raised to the seat of the supreme magistracy, wandering among the people like discontented ghosts, and sighing for a place which they were destined never more to possess?"
No. 73
The 73rd essay written by Hamilton discusses the purpose of the executive veto. "It not only serves as a shield to the Executive, but it furnishes an additional security against the enaction of improper laws." This reasoning highlights the convention theme of preventing a tyranny and creating a system of equal power.
Anti-Federalist Views on Presidency
During the years of 1787-1789 views against the constitution were expressed through newspapers and speeches to convince people not to ratify the document. Most people who wrote these essays used a pseudonym. 59 The arguments of the Anti-Federalists were not as strong due to the fact that the representatives were geographically dispersed. 60 This caused the writers to create arguments in isolation so they never formed a unified opposition. 60 The arguments of the Anti-Federalists focused on people's fear instead of reason. 61 The Anti-Federalists expressed that the Constitution ratification process was happening too fast and would certainly establish a permanent aristocracy. 62 They also argued that the power of the government was too far from the people and states. 63 The powers outlined for Congress also concerned the Anti-Federalists as they were vague and included a small number of representatives. 63 George Mason, a leader of the Anti-Federalists also argued that the executive and Senate together created too much power over the country. 64 The largest argument against the Constitution was the absence of a bill of rights. 63 Without the bill of rights many felt that the government would have the ability to do anything they chose.
Essays 1, 51, 67-77, and Cato V focus on ideas related to the executive branch. This section includes key quotes and ideas for some of these essays which directly connect to the curriculum unit. Full text of the Anti-Federalist papers are accessible at this website http://www.thevrwc.org/antifederalist/index.html.
No. 1
Essay 1 signed A Federalist introduces an overall argument against the Constitution. An overall theme in the article is limiting the freedom of the people. "I had rather be a free citizen of the small republic of Massachusetts, than an oppressed subject of the great American empire." It also attacks the secrecy of the constitutional convention stating the people's insufficient opportunity to examine the document. He also criticizes the delegates' position in society. "These consist generally, of the NOBLE order of C[incinnatu]s, holders of public securities, men of great wealth and expectations of public office, B[an]k[er]s and L[aw]y[er]s: these with their train of dependents form the Aristocratick combination."
No. 67
The 67th essay written under the name Cato overviews the major problems dealing with the office of Presidency. A major theme is relating the Presidency to a king, tapping into the fear of the people. "It may be here remarked with deference, that the construction of the first paragraph of the first section of the second article is vague and inexplicit...this inexplicitness perhaps may lead to an establishment for life." In evaluating the veto Cato argues the President holds too much power over legislature. "If he approves of it he is to sign it, if he disapproves he is to return it with objections, which in many cases will amount to a complete negative; and in this view he will have a great share in the power of making peace, coining money, etc., and all the various objects of legislation, expressed or implied in this Constitution."
No. 68
The 68th paper is a speech by William Grayson against the method of choosing a president. He begins the speech with a comparison to other countries. In response to our executive branch he says, "This quadrennial power cannot be justified by ancient history. There is hardly an instance where a republic trusted its executive so long with much power; nor is it warranted by modern republics." He also outlines a sample vote using the Electoral College from his time period and argues that certain states will have the sole say in electing the President. "I presume the seven Eastern States will always elect him."
No. 69
The 69th essay written by Richard Henry Lee, A Federal Farmer explains his opinion on the length of a president's term and reelection. In order to avoid corruption he believes a limited monarchy would fit our country best. "A man who must, at all events, thus leave his office, will have but few or no temptations to fill its dependent offices with his tools, or any particular set of men; whereas the man constantly looking forward to his future elections, and perhaps, to the aggrandizement of his family, will have every inducement before him to fill all places with his own props and dependents."
No. 70
The 70th essay written under the name Old Whig warns of the danger in the Constitution's definition of the executive branch. "I shall despair of any happiness in the United States until this office is either reduced to a lower pitch of power, or made perpetual and hereditary." He outlines different scenarios that may arise and the fact that after George Washington no one will properly use the power. "I would therefore advise my countrymen seriously to ask themselves this question: Whether they are prepared to receive a king? If they are, to say so at once, and make the kingly office hereditary; to frame a constitution that should set bounds to his power, and, as far as possible, secure the liberty of the subject."
No. 71
The 71st essay includes two parts written under the names Agrippa and A Customer exploring the idea of a 4 year term. Agrippa presents his own idea for the Presidential term. "The president shall be chosen annually and shall serve but one year, and shall be chosen successively from the different states, changing every year." A Customer has a direct issue with Article 3; Section 1 due to its wording which he believes leaves too much open for interpretation. "Here is no declaration that a new one shall be chosen at the expiration of that time." He feels that after the 4 year term Congress could appoint anyone to fill the position without holding an election.
No. 72
The 72nd essay written under the name Republicus criticizes the idea of the Electoral College. He advocates for placing control of the government into the hands of the people. "Is it then become necessary, that a free people should first resign their right of suffrage into other hands besides their own, and then, secondly, that they to whom they resign it should be compelled to choose men, whose persons, characters, manners, or principles they know nothing of?" "I can think of but one source of right to government, or any branch of it-and that is THE PEOPLE. They, and only they, have a right to determine whether they will make laws, or execute them, or do both in a collective body, or by a delegated authority."
No. 73
The 73rd essay written under the name William Penn evaluates the separation of powers and the veto. In order to protect the freedom of the people it is necessary to have clear separations between the branches. "Liberty therefore can only subsist, where the powers of government are properly divided, and where the different jurisdictions are inviolably kept distinct and separate." He explains the danger in connecting the legislative and executive branches. "The first and most natural division of the powers of government is into the legislative and executive branches. These two should never be suffered to have the least share of each other's jurisdiction, or to intermeddle with it in any manner. For whichever of the two divides its power with the other, will certainly be subordinate to it; and if they both have a share of each other's authority, they will be in fact but one body. Their interest as well as their powers will be the same, and they will combine together against the people." William Penn uses examples of the state constitutions stating that they have made clear separation of powers, so why wouldn't the US Constitution?
No. 74
The 74th essay written under the name Philadelphiensis builds an argument explaining how the President will serve as a military king. He uses strong language to attack the delegates of the convention. "A conspiracy against the freedom of America, both deep and dangerous, has been formed by an infernal junta of demagogues." He also claims that any assurance of the President not being a king is only an illusion. "There is not a tincture of democracy in the proposed constitution, except the nominal elections of the president general and the illustrious Congress be supposed to have some color of that nature. But this is a mere deception, invented to gull the people into its adoption."
Cato V
In this essay Cato explains his overall view on the Constitution focusing on elections, length of terms, and the amount of representation. In reference to the single executive he comments, "The world is too full of examples, which prove that to live by one man's will became the cause of all men's misery." He also believes that the document's language is vague and inexplicit. Questioning the people's acceptance he poses the following question, "Whence is it therefore, that you are about to precipitate yourselves into a sea of uncertainty, and adopt a system so vague, and which has discarded so many of your valuable rights. — Is it because you do not believe that an American can be a tyrant? If this be the case you rest on a weak basis; Americans are like other men in similar situations, when the manners and opinions of the community are changed by the causes I mentioned before, and your political compact inexplicit, your posterity will find that great power connected with ambition, luxury, and flattery, will as readily produce a Caesar, Caligula, Nero, and Domitian in America, as the same causes did in the Roman empire."
Presidency Based on the Constitution
The Constitution has 7 articles with a varying number of sections in each. Article II outlines the executive branch, however Article I also includes powers of the executive branch in connection with legislature.
Article I
Section 7 outlines the veto power of the President explaining any bill passed in Congress must be signed by the President within 10 days (if not it automatically passes). The President may send it back with a veto and explanation of why he is against the bill.
Article II
Section 1 states the President serves a 4 year term with the Vice President and outlines the guidelines for the Electoral College (also see amendment 12). It also states the President must be a natural born citizen, at least 35 years, and a resident of the US for at least 14 years. It goes on to explain the process for replacing the President and Vice President in death, resignation, or removal of office (also see amendment 25). The section also explains the salary for the President will not change during his term. He also must take an oath before entering his office.
Section 2 defines many of the powers of the executive branch. The President is the Commander in Chief, may request opinions of Officers in executive departments, he may pardon except in cases of impeachment, make treaties with 2/3 of Senators approval, appoints officers with Senate, and fill vacancies in the Senate until the next session.
Section 3 explains the executive branches responsibilities to the legislative branch. He must give a state of the union address to the Congress, recommend ideas to them, convene the Congress, and set time limits. It also states that the President will receive Ambassadors and other public Ministers, and execute all laws.
Section 4 states that the President, Vice President and Officers of the United States are eligible of impeachment due to treason, bribery, or other high crimes and misdemeanors.
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