Utility of the Union to American political prosperity (2-14): A. Safety (3-10) Vs foreign powers (3-5) Vs dissension among States (6-8) Vs internal faction and insurrection

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Political Science 233 Dr. Schaefer


(Numbers in parentheses refer to the numbering of the papers).

I. Introduction: Spirit in which the Constitution should be considered (1)

II. Utility of the Union to American political prosperity (2-14):

A. Safety (3-10)

1. Vs. foreign powers (3-5)

2. Vs. dissension among States (6-8)

3. Vs. internal faction and insurrection (9-10)

B. Commerce and national greatness (11)

C. Revenue and economy (12-13)

D. Refutation of objection that the Union is too large to be governed well as a republic    (14).

III. Insufficiency of the present Confederation to preserve that Union (15-22).

A. Weakness due fundamentally to the principle of legislation for States rather than directly for individuals (15-20).

1. Unless truly a "national" government, the Confederation will end in anarchy or despotism (15-16).

2. National government not a danger to the continued existence of State governments (17).

3. This assertion demonstrated by the examination of other confederations, past and present (18-20).

B. Other defects of present Confederation (21-22).

IV. Necessity of a Constitution at least as strong as the one proposed, to remedy defects of the existing Confederation (23-36).

A. No limit can or should be set to the national government's power of defense


1. Power to raise a standing army in peacetime not a great danger (24-28).

2. Nor is power to regulate militia (29).
B. Need for unlimited Federal power of taxation (30-36):

1. Future fiscal needs are incalculable (30-31).

2. States will not be undermined by Federal taxation (32-34).

3. People's interests will be adequately known and represented by Congress in the imposition of taxes (35-36).

V. "A more critical and thorough survey" of the Constitution, designed to calculate "its probable effects" and demonstrate its "conformity to the true principles of Republican government" (37-84).

A. Introduction (37-38)

1. Urges "candid consideration" of the Convention's work, taking account of the difficulty and urgency of the task (37-38).

B. General Form of the proposed Constitution (39-40).

1. The Constitution conforms to republican principles and creates a government that is partly Federal, partly national (39).

2. Refutation of challenge to the authority of the Convention to propose a new Constitution (40).

C. Examination of the quantity of power to be granted to the national government, in the light of republican principles (41-46):

1. All powers granted are necessary and proper means to ends essential to the public good (41-44).

2. The whole mass of national government's powers not dangerous to the authority left with the States (45-46).

D. Examination of the "particular structure" of national government, and the distribution of power among its branches, in the light of republican principles (47-83):

1. The Constitution conforms to the principle of separation of powers, but that separation can be maintained in practice only by a partial connection and blending of the departments, such as the Constitution provides, to give each department "a constitutional control over the others." (47-51)

2. Examination of the particular departments of the government (52-83):

a. The House of Representatives (52-61)
1) "Qualifications of the electors and the elected" (52).

2) Term of office (52-53).

3) Apportionment (54).

4) Number (55-58).

5) Power to regulate elections (59-61).
b. The Senate (62-66)
1) Need for a senate; its tenure and mode of appointment and apportionment; not dangerous (62-63).

2) Treaty power (64).

3) Trial of impeachments (65-66).
c. The Presidency (67-77)


1) Attack on extravagant accusations of Anti-Federalists (67).

2) Mode of election (68).

3) Refutation of charge Pres. will have monarchical powers (69).

4) Essential elements in an energetic executive (70-77):
a) Unity (70)

b) Duration in office (71-72):

(1) As means to personal firmness (71)

(2) As means to stability of administration (72)

c) Provision for adequate support (73)

d) Adequate powers (73-77):


(1) Veto (73)

(2) Pardons, other powers (74)

(3) Treaty-making (75)

(4) Appointments, etc. (76-77)
5) Compatibility with republican principles (77).

d. The Judiciary


1) Its constitution (78-79).

2) Partition and extent of judicial authority (80-82).

3) Discussion of objection to lack of requirement of jury trial in civil cases (83).

E. Other objections to the Constitution, including lack of a Bill of Rights (84).

VI. Resemblance of Constitution to New York's own government, and the "additional   security it will afford to republican government, to liberty, and to property" (85).

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