UNIT TITLE: THE CONSTITUTIONAL CONVENTION OF 1787

LESSON #3: CREATING THE OFFICE OF THE PRESIDENCY

Authors: Christopher Burkett and Patricia Dillon

Introduction

As the delegates at the PhiladelphiaConvention of 1787 continued to develop a plan of government that would remedy the defects of the Articles of Confederation, one of the most difficult challenges was creating the office of the Presidency. All of the delegates agreed that some kind of executive office was necessary. Some delegates, however, recalled the recent tyranny of the English King and were hesitant to create an independent executive that might abuse its powers in like manner. Another group of delegates believed that an energetic and independent executive was necessary if the national government was to fulfill its responsibilities of promoting the security and stability of the Union. The debates between these two groups focused on several questions: What kinds of powers should the President have? What kinds of controls ought to be in place that would prevent the Executive from abusing its powers, but still allow it to act with energy, speed and decision? How should the President be selected, and what length of term is appropriate? Should the President be eligible to run for re-election? Should the President be impeachable? The delegates debated these questions throughout the summer of 1787 and only reached a final agreement near the closing days of the Convention.

This lesson will focus on the arguments over the various qualities of the office of President as debated during the Constitutional Convention of 1787. By examining the views of delegates as recorded in James Madison’s Notes of Debates in the Federal Convention of 1787, students will understand the arguments of those who supported either a strong, independent executive, or a very limited and highly controlled executive. Students will also see why, in the end, the delegates compromised on this question in order to fulfill their task of remedying the political flaws of the Articles of Confederation.

Guiding Question

Why was creating the office of the Presidency such an important and difficult task for the delegates at the Constitutional Convention of 1787?

Learning Objectives

After completing this lesson, students should be able to:

  • Identifykey delegates to the Constitutional Convention of 1787and their views concerning the following aspects of the office of the Presidency: 1. single or plural executive; 2. mode of election; 3. length of term; 4. eligibility for re-election; 5. impeachment; 6. veto power; 7. treaty-making power; and 8. appointment power.
  • Understand and discuss the proposals for the office of the Presidency in the Virginia Plan, the New Jersey Plan, and the Hamilton Plan, and how these differed from but contributed to the office of the Presidency as established by the U.S. Constitution.
  • Articulate how the debates over the office of the Presidency often revolved around the American rejection of monarchy.
  • Understand the significance of the Brearly Committee’s recommendationsin resolvingdisagreements over the office of the Presidency.
  • Explain the tension between the need to give the President sufficient “energy” (i.e., power and independence) and at the same time establish sufficient limitations and controls to prevent the abuse of executive power.

Background Information for the Teacher

A major flaw with the Articles of Confederation, as identified by delegates to the 1787 Convention, was that the executive powers of the national government were vested in the Congress. The delegates agreed that a separateoffice of National Executive must be established in order to ensure the implementation and enforcement of Congressional Acts. Beyond this general agreement, however, the delegates remained divided until almost the end of the Convention over how to establish an Executive with enough power to fulfill its responsibilities, but not so much as to render it a “monarchy.”

Early in the Convention (May 29) Edmund Randolph introduced the Virginia Plan, which recommended the creation of a “National Executive” to be chosen by Congress for a single limited term. Randolph proposed that the powers of the Executive include all of those powers “vested in Congress by the Confederation.” Randolph’s Executive would also have the power to “negative” or veto bills, which could still become laws if re-passed by Congress. On June 15, William Paterson offered the New Jersey Plan, which proposed a “federal Executive” to be chosen by Congress, consisting of more than one person. As in the Virginia Plan, the Executives would serve only a single term in office. Unlike the Virginia Plan, Paterson’s Executives would not have a veto power, and would be impeachable by Congress on the request of a majority of state governors. Three days later, to the surprise (and dismay) of many delegates, Alexander Hamilton proposed the creation of a “supreme Executive,” consisting of one person, to hold office during “good behaviour.” Unlike the proposals in the Virginia and New Jersey Plans, Hamilton recommended that the Executive be chosen by “electors” appointed in districts.

The initial debates in the Convention focused on whether the Executive should consist of one or more persons. Some delegates believed that only a single Executive would be able to act decisively and quickly. James Wilson, for example, “preferred a single magistrate, as giving most energy dispatch and responsibility to the office.” Others, however, feared placing too much power in the hands of one person. Charles Pinckney, for example, “was for a vigorous Executive” but feared they might “render the Executive a monarchy, of the worst kind.” Edmund Randolph also “strenuously opposed a unity in the Executive magistracy. He regarded it as the foetus of monarchy.” By June 4, however, the delegates decided against multiple Executives because it would most likely lead to disagreement and the opportunity for power struggles between them.

Delegates were more sharply divided over the best mode of selecting the President. The initial debates focused on whether to have election by the people directly, by the state legislatures, or by Congress. On June 2, James Wilson introduced the idea of having the President chosen by “electors” selected by the people in state districts, but this idea was initially rejected because it relied too much on the ability of the people to select good electors. On June 9, Elbridge Gerry proposed election by the state governors, but this too was rejected because it would make the President, once elected, too dependent on the will of the state governments. A second round of debates ensued between July 17 and July 26, during which time very little agreement was reached. The idea of the Electoral College was finally re-introduced on August 24, and recommended by the Brearly Committee on September 4 as the best way to prevent “the danger of intrigue & faction if the appointmt. should be made by the Legislature.” This mode also satisfied those delegates who believed the people should have some influence on the choice of the President. Despite Edmund Randolph’s continued objections that the Convention had made “a bold stroke for Monarchy,” the electoral system was finally approved by the Convention on September 6.

The debates over the appropriate length of term for the President were even more confusing because they involved the questions of whether the President should be impeachable, and whether the President should be eligible to run for re-election. Some delegates favored a longer term (6-7 years) for a President who was impeachable and ineligible to run for re-election. Others favored shorter terms (2-3 years) for an unimpeachable President who was eligible for re-election. Some delegates feared that with a longer term the nation might be “saddled” with a President who was either a tyrant or incompetent. Other delegates believed that a short term, combined with ineligibility, would prompt the President to engage in schemes of usurpation in order to maintain his authority beyond his term in office. As Gouverneur Morris noted, ineligibility would “tempt him to make the most of the short space of time allotted him, to accumulate wealth and provide for his friends.” Alexander Hamilton’s proposal that the President hold his office during “good behavior” in order to promote “stability and permanency” in the national administrationshook things up even further. George Mason and others strenuously opposed this idea, arguing that “an Executive during good behavior is a softer name only for an Executive for life, and that the next would be an easy step to hereditary Monarchy.” Finally, the Brearly Committee recommended a four year term for a President who would be impeachable and eligible for re-election, and the delegates agreed to the compromise on September 6.

The delegates also reached compromises regarding the President’s powers. Early in the Convention, delegates debated whether the President’s veto power should be “absolute” or “qualified,” in other words, whether the President’s veto could be overridden by Congress or not. James Wilson, for example, favored an absolute negative, because “without such a self-defense the Legislature can at any moment sink [the Executive] into non-existence.” (June 4) George Mason, on the other hand, feared that an absolute veto would “pave the way to hereditary Monarchy,” and allow the Executive to “refuse its assent to necessary measures.” The Convention finally settled on giving the President a “qualified” veto power. Delegates also compromised on whether the President or the Senate should have the powers to make treaties and appoint judges and other federal officers. Some delegates argued thatgiving the treaty-making and appointment powers to the Senate alone would place the President too much at their mercy. Otherdelegates, fearing the emergence of a monarchy, did not trust these powers in the hands of the President alone. The Convention finally compromised by allowing the President to make treaties and nominate federal judges and officers “by and with the advice and consent of the Senate.”

In the end, the final draft of the Constitution established an Executive Office that combined many aspects originally proposed in the Virginia, New Jersey and Hamilton Plans: Executive power would be vested in one President, who would serve for a term of four years, would be eligible for re-election, and could be removed from office if impeached (by the House of Representatives) and convicted (by the Senate) of “Treason, Bribery, or other high Crimes and Misdemeanors.” The President would be chosen by electors, appointed by the state legislatures and selected by the people. The powers and responsibilities of the President include a qualified veto,and the power to nominate federal judges and officers and make treaties “by and with the Advice and Consent of the Senate.”

For more background information, the EDSITEment-reviewed resourceTeaching American History offers an interactive website that includes a summary of the major themes of the Constitutional Convention, a day-by-day account of the debates, and useful biographies of the delegates. Useful background information on the debates over the office of the Presidency can also be accessed at the Digital History website.

Preparing to Teach this Lesson

Review the lesson plan. Locate and bookmark suggested materials and links from EDSITEment reviewed websites used in this lesson. Download and print out selected documents and duplicate copies as necessary for student viewing. Alternatively, excerpted versions of these documents are available as part of the Text Document for each activity.Download the four Text Documents for this lesson, available here as PDF files. These files contain excerpted versions of the documents used in the activities, as well as questions for students to answer. Print out and make an appropriate number of copies of the handouts you plan to use in class.

NOTE TO TEACHERS ON PRIORITIZING ACTIVITIES: This lesson, because of theimportance and complexity of the subject matter, involves activities that might require more time than is normally allotted for this topic. If your available time is limited to 2-3 days, it is recommended that teachers begin with Activity One, which deals with the general views of delegates on the Executive, and then select one of the remaining three activities, depending on which aspect of the Presidency (mode of election, length of term, or the President’s powers) you would like to emphasize in your class. Teachers also have the discretion of modifying the assignments and materials to be covered in class to fit their allotted schedules. Teachers may also have the entire class engage in Activity One, and then assign the remaining activities to three smaller groups, which would then prepare a class presentation teaching the main points of the materials and activities to the rest of the class.
Analyzing primary sources:

If your students lack experience in dealing with primary sources, you might use one or more preliminary exercises to help them develop these skills. The Learning Page at the American Memory Project of the Library of Congress includes a set of such activities. Another useful resource is the Digital Classroom of the National Archives, which features a set of Document Analysis Worksheets. Finally, History Matters offers pages on "Making Sense of Maps" and "Making Sense of Oral History" which give helpful advice to teachers in getting their students to use such sources effectively.

Suggested Activities

Activity One. One President or three?
Activity Two. How should the President be elected?
Activity Three. Length of the President’s term in office
Activity Four. Debating the powers of the President
Activity One. One President or three?
Time required for activity: One homework assignment and one class instructional period

Preparing for the activity:

Print copies (or provide links) for students of the documents and questions assigned for homework and in-class analysis (listed below, included on pages 1-8in the Text Document for Activity One).

The purpose of the activity is to provide students with an understanding of how the delegates agreed on the need for an executive office, but disagreed over the extent to which the executive could be safely trusted with its powers. Students will also become familiar with the views of some of the more prominent delegates at the Convention. They will also understand why the question of a single versus a plural executive arose, and why it was settled in favor of a unitary executive.

Students will read the following documents, available in their entirety at the EDSITEment reviewed National Archives Experience [ and Teaching American History [ and in excerpted form on pages 1-2 and 6-7of the Text Document for Activity One:

Reading Set A: Delegates agree on the need for an Executive

  1. The Virginia Plan (introduced by Edmund Randolph, 29 May 1787)
  1. The New Jersey Plan (introduced by William Paterson, 15 June 1787)
  1. The Hamilton Plan (introduced by Alexander Hamilton, 18 June 1787)

Reading Set B: How many Executives?

  1. Single executive most likely to possess “energy” (1 June 1787)
  1. Fears of a “monarchy” (2 June 1787)
  1. Delegates agree on a single executive (4 June 1787)

On the day before the activity:

For each student, make copies of Reading Set A (The Virginia Plan, The New Jersey Plan, The Hamilton Plan)and the Graphic Organizer,found on pages 1-4 of the Text Document for Activity One. (A Sample with Answers for the Teacher is found on page 5of theText Document for Activity One.) Students should read these documents and complete the Graphic Organizer for homework.

On the day of the activity:

1. Students should use the graphic organizer to participate in a class discussion initiated by the teacher. Possible questions could include:

  • Why do you think each of these delegates thought that a chief executive(s) was necessary?
  • What were some of the major differences in the plans?
  • Why was there so much disagreement over what the Executive branch should be like?

2. Give each student a copy of Reading Set B and the corresponding worksheet,found on pages 6-8 of theText Document for Activity One. Ask them to read the documents silently, summarizing the ideas of the delegates regarding the number of Executives on the handout as they read. When completed, discuss the following questions:

  • What were some of the fears expressed by each of these delegates?
  • What reasons were given to support a single executive?
  • What reasons were given to support an executive branch composed of more than one?

3. Optional activity: Ask seven students (perhaps for extra credit) to prepare and perform a dramatic roleplay of one of the seven delegates from Reading Set B. Have each student assume the identity of one of the delegates included in Reading Set B. They should rewrite their character’s comments into first person language that is easier to understand. These students should re-enact the discussions for the entire class before all students are assigned Part 2 above. If it would better serve your students’ needs, the teacher could rewrite the discussions and ask individuals to read the parts.