The Handy Law Answer Book. David L Hudson

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Название The Handy Law Answer Book
Автор произведения David L Hudson
Жанр Юриспруденция, право
Серия The Handy Answer Book Series
Издательство Юриспруденция, право
Год выпуска 0
isbn 9781578593378



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Paterson of New Jersey. This plan called for a weaker national government, only one house of Congress, and equal representation in the legislative branch. It also called for an executive and judicial branch, but those branches would clearly be less powerful than the one-house legislature.

      On June 15, 1787, Paterson introduced his plan. “Can we, as representatives of independent states, annihilate the essential powers of independency?” Paterson said when introducing his proposal. He wanted a weaker central government.

      Under the New Jersey Plan, Congress could only act on certain matters. Congress would elect the members of the federal executive. Congress could remove the persons of the federal executive if a majority of state leaders voted such action necessary.

      Interestingly, the New Jersey Plan proposed that the laws of the U.S. Congress “shall be the supreme law of the respective States.” This formed the basis for the supremacy clause of the U.S. Constitution. The supremacy clause provides that the laws of the national, or federal, government are the supreme law of the land and trump the laws of the various states.

      What was the Great Compromise?

      The Great Compromise was a measure articulated by Roger Sherman of Connecticut that created the ultimate form of the United States Congress. It combined features of both the Virginia Plan and the New Jersey Plan. It allowed representatives from the larger states and the smaller states to agree on the composition of Congress. Under the Great Compromise, one house—the U.S. House of Representatives—is based on proportional representation. This meant that the larger states would have more representatives. The second house—the United States Senate—was based on equal representation, as each state would have two senators. Each side received something from the Great Compromise, in that the smaller states received proportional representation in the House and the larger states received equal representation in the Senate.

      How precarious was the Great Compromise and its ultimate success?

      It was a very precarious time and the Convention almost divided irreparably over this issue of legislative representation. Fortunately, delegate Roger Sherman of Connecticut proposed a measure that would eventually save the Constitution. Roger Sherman was an influential politician with a distinguished political career. Sherman has the distinction of signing several great American documents—the Declaration and Resolves of 1774 (a document in which the colonists declared their resolve to oppose British power), the Declaration of Independence, the Articles of Confederation, and finally the United States Constitution.

      Sherman played an influential role in the Convention, but he is most remembered for his compromise that saved the Convention and the Constitution. Under this so-called “Great Compromise,” the states would be represented equally in the Senate and the states would be represented proportionally in the House of Representatives based on population. This proposal reflects our current system.

      However, Sherman’s proposal was voted down 6 to 5 when it was first introduced. The delegates continued to argue over the issue of proportional versus equal representation. On July 2, the states voted 5 to 5 on the question of equal representation in the Senate. The states of Connecticut, New York, New Jersey, Delaware, and Maryland favored equal representation. The states of Massachusetts, Pennsylvania, Virginia, North Carolina, and South Carolina opposed equal representation. The state of Georgia could have broken the tie, but the two Georgia delegates present—William Houstoun and Abraham Baldwin—split.

      Four delegates from Georgia were present at the Convention. However, two of the members, William Few and William Pierce, left the convention for New York to vote on pressing matters in Congress. Few and Pierce would have voted against equal representation. The Convention was hanging in the balance. The small states would have lost the question of equal representation this day if it had not been for the vote of Abraham Baldwin. Baldwin had lived in Connecticut virtually his whole life, having moved to Georgia only three years before the Convention. Some historians assert that Baldwin saved the Constitution because he split the Georgia votes and saved the small states from defeat. They argue that Baldwin voted the way he did because he knew the small states would collapse the Convention if they lost the equal representation question in the Senate.

      The Convention then agreed to allow a committee of one person from each of the 11 states to be formed to explore the question of how to organize the Congress. The states voted 10 to 1 in favor of such a committee. The committee was composed primarily of individuals who were in favor of a senate chosen by equal representation. On July 5, 1787, the committee read its report to the entire delegation. The report called for proportional representation in the House and equal representation in the Senate. Many of the delegates who had wanted proportional representation in both houses had conceded this issue, realizing that the delegates from the small states might leave if they did not get their way.

      What does the Constitution say about the composition of Congress?

      The U.S. Constitution provides that Congress shall consist of two houses—a Senate and a U.S. House of Representatives. The Founders believed in a bicameral legislative body, meaning that the legislature consist of two bodies. This was based on the English Parliament, which consists of a House of Lords and a House of Commons.

      What are the requirements for someone to serve in the U.S. House of Representatives?

      A person must be at least 25 years of age to serve in the House of Representatives. He or she must have been a citizen of the United States for seven years and he or she must “be an Inhabitant of that State” in which he or she is chosen.

      What are the requirements for someone to serve in the U.S. Senate?

      A person must be at least 30 years of age to serve in the U.S. Senate. He or she must have been a U.S. citizen for at least nine years and also inhabit the state for which he or she has been elected to serve.

      What are the terms of office for representatives and senators?

      Members of the House of Representatives serve for two-year terms, while U.S. Senators serve for six-year terms.

      How many members are there in the House and the Senate?

      There are 435 members of the U.S House of Representatives and 100 members of the Senate. States have different numbers of representatives depending upon the population of that state. For example, Rhode Island has only two representatives, while California has 53 representatives.

      What is the speaker of the House?

      The speaker of the House is the technical leader of the House of Representatives. The speaker of the House calls the House to order, issues the oath of office to new members of the House, presides over House debates, calls on representatives to speak during debate, sets the legislative agenda, and leads the appointment process for various committees and committee chairs in the House.

      The speaker of the House also is third in line to the presidency after the president and vice president.

      The seat for the speaker of the House, as well as the Senate president. The speaker is third in line to the presidency (iStock).

      Who was the first speaker of the House?

      The first speaker of the House was Frederick Augustus Conrad Muhlenberg. Born in Trappe, Pennsylvania, in 1750, he was an ordained Lutheran minister, and he later served as a member of the Continental Congress, as a state representative for Pennsylvania, and speaker of the House for that state. A delegate to the 1787 Constitutional Convention, he was elected to the U.S. Congress and served as speaker for the First and Third Congresses. He died in 1801.

      Who became the first woman