What questions did the Framers
consider when designing the three
branches of our National
Government? 2.11
Vocabulary:
deliberative body
Electoral College
enumerated powers
necessary and proper clause
separated powers
shared powers
What did the delegates think of the
balance of power among the branches of
government?
• Founders did not want executive offices to
hold too much power (like in Parliament)
• Did not want weak executives that could
not check the powers of the state
legislatures
• They created a government of separate
powers (checks and balances)
Legislative power
• Congress was to be a deliberative body.
Debating issues rather than deciding in haste
• Bicameral limited reckless law passing (DUI
debate under influence)
• Great Compromise=enumerated powers
(specific, most found in Article 1 Sec.8)
• Congress give the right to make laws that are
“necessary and proper” (Art.1 Sec.8 PP18)
•
http://www.youtube.com/watch?v=CF3OGsaqwp8
Executive Branch
• A o C did not provide for Executive branch, but
one was needed for foreign affairs, public
peace, and treasury management
• Framers wanted Executive to be strong
enough to be independent and to fulfill duties
and to have ‘energy’ to act quickly (military)
• Executive was considered after Congress
design was completed
Balancing the Executive and Legislative
• Key Questions:
– One or more Chief executives?
• One avoids conflict easier to watch, more would be less
Tyrannical
– How long should Executive remain in office?
• Seven years suggested, but four was agreed upon
– Should Exec be eligible for reelection?
• Seven year term no, four year term yes, no term limit
was set at first
Selecting a president
• Big issue, those who select had a lot of power
• General election
– For: Fear president selected by congress would lead to corruption and
cabal-self serving groups,
– Against: Did not want a general election, they thought the people in
such a large country would not know the best candidate. George
Mason “like entrusting a trail of colors to a blind man”
– Many options were explored
– Election by states legislatures, state governors, or a temporary elect
group
• If congress has power than terms must be limited so Congress could
not manipulate the president
• Congress could neither increase or decrease the salary of the
president
Committee on Postponed Matters;
Electoral College -Article II Sec.2,3,4
• Electoral college assembled once every four years to
select president
• Each state controlled how the elector’s from their state
were chosen
• Each state would have the same number of electors as
House and Senate members (benefits Great
Compromise and 3/5ths)
• Each Elector voted for two people, one had to be from
a different state
• Most votes-president, runner up-VP
• House of Reps was tie-breaker, one vote per state
Judicial Branch
• Judicial needed to decide cases involving its laws
• Completes separation of powers
• Judges are chosen by president and appointed by
congress
• Criminal trials should be trial by jury
• Judges should be free of political pressures
• Hold office as long as not involved in treason,
bribery, or other high crimes and misdemeanors
Create a Flow chart
• How are powers shared among the three
branches?
• Create a chart that demonstrates these
policies