The Founding Fathers: A Reform Caucus in Action

John P. Roche

Definitions

Virginia Plan

• The first general plan for the Constitution, proposed by James Madison. Its key points were a bicameral legislature, an executive chosen by the legislature, and a judiciary named by the legislature.

New Jersey Plan

• A framework for the Constitution proposed by a small group of states. Its key provisions included a one-house legislature with one vote for each state, a multi-person executive, the establishment of the acts of Congress as the supreme law of the land and supreme judiciary with limited power.

Great Compromise (Connecticut Compromise)

• The decision during the Philadelphia constitutional convention to give each state the same number of representatives in the Senate regardless of size and representation in the House determined by population.

writ of habeas corpus

• Court order requiring explanation to a judge why a prisoner is being held in custody.

Lecture:

• Main Argument:• Roche views the Constitution “as a

democratic reform caucus.” • Roche points out how the framers were

“practical politicians who knew that ratification required a certain ambiguity of phrasing so that both federalist (nationalists) and states’ rights advocates could be assured that their respective interests would not be submerged.”

(The Setting of… 3)

(Lecture Summaries 4)

Bottom Line

• “the Constitution was for both political and linguistic reasons one enumerated not defined powers.”

(Lecture Summaries 4)

Example: Constitutional Vagueness

• Article 1• Powers of Congress

• Commerce power − Began with Gibbons v. Ogden

– Constitutional interpretation1. textual2. based on original intent3. normative, that is incorporating the values of the justices.

• Power to tax and spend• War power

− Power to raise and support armies− Declare war (not make war)

(Lecture Summaries 4)

Roche’s Reasoning:

• Constitutional principles – “based on political tradeoffs among state interests.• Framers were nationalists• Convention = compromise

(The Setting of… 3)

Significance:

• Roche revises two previous notions of the Constitutional framers:• “as all-wise Platonic guardians adhering to

abstract principles of political theory”• “an economic elite protecting their economic

interests”

(The Setting of… 3)

Roche’s Marco Picture:

• “Madison, Hamilton, Franklin and the other delegates wanted a strong national government.”

(Lecture Summaries 4)

Questions:

What was Roche’s “one fundamental truth about the Founding Fathers”?

• He believed that the Founding Fathers were excellent “democratic politicians.”

According to Roche, what was the Philadelphia Convention?

• He believed it was a “nationalist reform caucus” (pro-self-government reorganization convention) to achieve popular approval.

Briefly explain Roche’s opinion of the problem the Founding Fathers confronted and the “solution they evolved.”

• Lethargy (weariness) and paradoxically (ironically) – Problems:

•1st a call for a Constitutional Convention;

•2nd delegates appointed; •3rd recommendations for reform; •4th acrimony (bitterness); •5th ratification: Solution =

compromise

Explain at least two compromises made throughout the Constitutional Convention.

• (1) Great Compromise (Virginia Plan v New Jersey Plan) – equal state representation

• (2) Executive • (3) Slavery

What was the overall intent of John Roche’s article?

• An attack on the various views that the Constitution was not a “practical political document,” but an “expression of elitist views” based on political philosophy and economic interests.”

Discuss:

• Roche’s comment, “The Constitution, then, was not an apotheosis of “constitutionalism,” a triumph of architectonic genius; it was a patch-work sewn together under the pressure of both time and events by a group extremely talented democratic politicians.”

Works Cited

Woll, Peter. Lecture Summaries. Brandeis University. 10 Aug 2005. http://people.brandeis.edu/~woll/wollwebsites.html

Woll, Peter. The Setting of the American System. Brandeis University. 9 Sept 2005 http://people.brandeis.edu/~woll/pol14bAdobe.html