Whom Do I Want As My King?

2014_1006_1024px-mount_rushmore2_largePart Three of a series on Election Law, providing context to our system of government, our election process and a little history to evaluate and consider in the candidate-debate.  Prior blog posts discussed the lead-up to the Constitutional Convention of 1787 and provided context to the debate over the American system of government. Here is further context.  For a more in depth discussion and a great read — upon which much of this blog finds its genesis — look to Ray Raphael’s book Mr. President: How and Why the Founders Created a Chief Executive (2012).

I begin with the delegates. Think of it like this: If you were a wealthy American landowner in the late eighteenth century, and held a position of prominence for some time, you probably wanted to ensure that, whatever government governed, your status remained unchanged. Should not your vote count a little more than someone else? Can we really let the people select of our elected officials?

On these basic questions the delegates to the Constitutional Convention were either conflicted, or outright opposed. As Roger Sherman, the representative from Connecticut proclaimed, “The people immediately should have as little to do as may be about the government. They want information and are constantly liable to be misled.” On the flip side was Alexander Hamilton who touted the “genius of the people” in qualifying the electorate.

Basically, even if a Constitutional Convention delegate agreed to a national government and an “executive branch” to that government, he still had open questions as to what should it look like, how much power it would have, and who would decide the person/persons for such an office.

So how did the delegates get from point A to point B? First, the delegates took the unusual move of calling for secrecy in their debates, something unheard of then and which continues to be a source of confounding discussion even in today’s society; in 1787, and as often argued today, the delegates wanted the freedom to speak freely.

Second, the delegates used England’s King George III as a counter-point to an executive. They wanted no part of a monarchy, or despotic leader, yet needed the executive position to have some teeth so that it would be recognized internationally and complement intra-national needs.

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What Does It Take to be “United” As States?

washington_constitutional_convention_1787Part Two of a series providing context to our system of government, our election process and a little history to evaluate and consider in the candidate-debate.

Anyone who has been part of a committee, whether it be in government, business, or even the local PTA, will recognize that the same discussion points come up over, and over, and over again. In the political realm, the issue is largely taxation. In the PTA, it’s fundraising. Between April 15th and the local bake sale, the same discussions are had, year after year after year.

So imagine yourself in May of 1787, at the Constitutional Convention. The topic de jure was the present form of government — the Articles of Confederation — and how to improve on what was, by then, government gridlock (sound familiar?).

Those in attendance had a choice of throwing the baby out with the bathwater, as it were, or improving upon what got them there.

In retrospect, the choice of what to do was clear — out goes the baby — but in 1787 it was as clear as mud.

Keep in mind, the Articles of Confederation were years (decades) in the making, and were fashioned with state-interests in mind. Essentially, the delegates needed to ask themselves who they wanted to govern: themselves as states or a national government with power over the states.

And as the days dragged on, and as the weather changed from comfortable to hot, so too did the debate over what to do, how to do it, and why.

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How Many Years Does It Take to Bake a Constitution?

articles_of_confederation_13c_1977_issueAs the first Tuesday following the first Monday in November approaches — that is, National Election Day — the talking-head debate intensifies over candidates, politics and what is right/wrong with the American system of governance.  There is one missing piece to the debate — context — that is seldom discussed, or understood. Indeed, if the average voter dislikes the candidates and the election process (something I hear a lot), then it’s time to take a step back and look at the big picture question of how we got here. In what I hope will be a six part series, I will attempt to provide context to our system of government, our election process and, hopefully, a little history to evaluate and consider in your next candidate-debate.

Part One – How Many Years Does it Take to Bake A Constitution?

If you polled the average American citizen, asking if they heard of the Declaration of Independence, most would answer yes. The citizen might even know the year and date — July 4, 1776.

But ask the same citizen when the Constitution of the United States was adopted (which technically means when it was “ratified” by the States), and you’ll likely get a blank stare, an “I don’t know”, or a guess — likely July 4, 1776.

The correct answer to that question is: June 21, 1788.

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