Karl E. Valois
This activity is especially suited for an advanced group of high school students, but could also be adapted for use with students of average abilities. It is an excellent exercise in using primary source materials and allows the student to see the actual shape and structure of these proposed plans of government. At the same time, of course, the student is acquiring skills in analytical reading.
The teacher needs only to “xerox” copies of each plan from any number of good books dealing with the formation of the Constitution. Then, with each student armed with his or her copy, the teacher may then direct the proceedings. Beginning with the Virginia Plan of May 29, 1787, the teacher could challenge the class to “translate” the political language of the document. The fifteen articles or provisions of the plan could be watered down into understandable proposals. Along the way, it is a great educational experience to introduce and define such terms as “confederation,” ”suffrage,” ”national legislature,” etc.
Following the translations of each plan, students should have a simplified comprehension of the controversy surrounding the creation of our national government. Was it to be a “national” or a “federal” union of states? The myriad of thought-provoking questions that would follow further attests to its usefulness. Finally, as each student is able to find his or her way through the maze of conventional political jargon, a degree of pride in self-achievement could be fostered. “Politics” would not necessarily have to be an incomprehensible or mundane topic.
The Virginia Plan, May 29, 1787
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1. RESOLVED, That the articles of Confederation ought to be so corrected and enlarged as to accomplish the objects proposed by their institution; namely, common defence, security of liberty and general welfare.
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2. Resolved, therefore, That the rights of suffrage, in the National Legislature ought to be proportioned to the Quotas of contribution, or to the number of free inhabitants, as the one or the other rule may seem best in different cases.
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3. Resolved, That the National Legislature ought to consist of two branches.
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4. Resolved, That the members of the first branch of the National Legislature ought to be elected by the people of the several States every for the term of ; to be of the age of years at least; to receive liberal stipends by which they may be compensated for the devotion of their time to public service; to be ineligible to any office established by a particular State, or under the authority of the United States, except those peculiarly belonging to the functions of the first branch, during the term of service, and for the space of after its expiration; to be incapable of re-election for the space of after the expiration of their term of service; and to be subject to recall.
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5. Resolved, That the members of the second branch of the National Legislature ought to be elected by those of the first, out of a proper number of persons nominated by the individual Legislatures; to be of the age of years, at least; to hold their offices for a term sufficient to ensure their independency; to receive liberal stipends, by which they may be compensated for the devotion of their time to public service; and to be ineligible to any office established by a particular State, or under the authority of the United States, except those peculiarly belonging to the functions of the second branch, during the term of service, and for the space of after the expiration thereof.
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6. Resolved, That each branch ought to possess the right of originating Acts; that the National Legislature ought to be empowered to enjoy the Legislative Rights vested in Congress by the Confederation, and moreover to legislate in all cases to which the separate States are incompetent, or in which the harmony of the United States may be interrupted by the exercise of individual Legislation; to negative all laws passed by the several States, contravening in the opinion of the National Legislature the articles of Union; and to call forth the force of the Union against any member of the Union failing to fulfil its duty under the articles thereof.
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7. Resolved, That a national executive be instituted; to be chosen by the National Legislature for the term of years; to receive punctually at stated times, a fixed compensation for the services rendered, in which no increase or diminution shall be made so as to affect the Magistracy existing at the time of increase or diminution; and to be ineligible a second time; and that besides a general authority to execute the National laws, it ought to enjoy the Executive rights vested in Congress by the Confederation.
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8. Resolved, That the executive and a convenient number of the National Judiciary, ought to compose a council of revision with authority to examine every act of the National Legislature before it shall operate, and every act of a particular Legislature before a Negative thereon shall be final; and that the dissent of the said Council shall amount to a rejection, unless the act of the National Legislature be again passed, or that of a particular Legislature be again negatived by of the members of each branch.
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9. Resolved, That a national judiciary be established to consist of one or more supreme tribunals, and of inferior tribunals to be chosen by the National Legislature, to hold their offices during good behavior; and to receive punctually at stated times fixed compensations for their services, in which no increase or diminution shall be made so as to affect the person actually in office at the time of such increase or diminution. That the jurisdiction of the inferior tribunals shall be to hear and determine in the first instance, and of the supreme tribunal to hear and determine, in the denier resort, all piracies and felonies on the high seas,; captures from an enemy; cases in which foreigners or citizens of other States applying to such jurisdictions may be interested, or which respect the collection of the National revenue; impeachments of any National officer; and questions which involve the national peace or harmony,
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10. Resolved, That provision ought to be made for the admission of states lawfully arising within the limits of the United States, whether from a voluntary junction of Government and Territory, or otherwise, with the consent of a number of voices in the National Legislature less than the whole.
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11. Resolved, That a Republican Government and the territory of each State, except in the instance of a voluntary junction of Government and territory, ought to be guaranteed by the United States to each State.
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12. Resolved, That provision ought to be made for the continuance of Congress and their authorities and privileges, until a given day after the reform of the articles of Union shall be adopted, and for the completion of all their engagements.
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13. Resolved, That provision ought to be made for the amendment of the articles of Union whensoever it shall seem necessary; and that the assent of the National Legislature ought not to be required thereto.
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14. Resolved, That the legislative, executive, and judiciary powers within the several States, ought to be bound by oath to support the articles of union.
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15. Resolved, That the amendments which shall be offered to the Confederation, by the Convention ought at a Proper time, or times, after the approbation of Congress, to be submitted to an assembly or assemblies of Representatives, recommended by the several Legislatures to be expressly chosen by the people, to consider and decide thereon.
The New Jersey Plan, June 15, 1787
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1. RESOLVED, That the articles of Confederation ought to be so revised, corrected and enlarged, as to render the federal Constitution adequate to the exigencies of Government, and the preservation of the Union.
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2. Resolved, That in addition to the powers vested in the United States in Congress, by the present existing articles of Confederation, they be authorized to pass acts for raising a revenue, by levying a duty or duties on all goods and merchandises of foreign growth or manufacture, imported into any part of the United States, by Stamps on paper, vellum, or parchment, and by a postage on all letters and packages passing through the general post-office, to be applied to such federal purposes as they shall deem proper and expedient; to make rules and regulations for the collection thereof; and the same from time to time, to alter and amend in such manner as they shall think proper; to pass Acts for the regulation of trade and commerce, as well with foreign nations as with each other: provided that all punishments, fines, forfeitures, and penalties to be incurred for contravening such rules and regulations shall be adjudged by the Common law Judiciaries of the State in which any offence contrary to the true intent and meaning of such Acts, rules and regulations shall have been committed or perpetrated, with liberty of commencing in the first instance all suits or prosecutions for that purpose, in the superior Common law Judiciary of such State; subject nevertheless, for the correction of all errors, both in law and fact in rendering judgment, to an appeal to the Judiciary of the United States.
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3. Resolved, That whenever requisitions shall be necessary, instead of the rule for making requisitions mentioned in the articles of Confederation the United States in Congress be authorized to make such requisitions in proportion to the whole number of white and other free citizens and inhabitants of every age, sex, and condition, including those bound to servitude for a term of years, and three fifths of all other persons not comprehended in the foregoing description, except Indians not paying taxes; that if such requisitions be not complied with, in the time specified therein, to direct the collection thereof in the non-complying States, and for that purpose to devise and pass acts directing and authorizing the same; provided that none of the powers hereby vested in the United States in Congress shall be exercised without the consent of at least States; and in that proportion, if the number of confederated States should hereafter be increased or diminished.
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4. Resolved, That the United States in Congress be authorized to elect a federal Executive to consist of persons, to continue in office for the term of years; to receive punctually at stated times a fixed compensation for their services in which no increase or diminution shall be made so as to affect the persons composing the Executive at the time of such increase or diminution, to be paid out of the federal treasury; to be incapable of holding any other office or appointment during their term of service, and for years thereafter; to be ineligible a second time, and removable by Congress on application by a majority of the Executives of the several States. That the executive, besides their general authority to execute the federal acts ought to appoint all federal officers not otherwise provided for, and to direct all military operations; provided, that none of the persons composing the federal executive shall on any occasion take command of any troops, so as personally to conduct any military enterprise as General, or in any other capacity.
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5. Resolved, That a federal Judiciary be established, to consist of a supreme Tribunal the Judges of which to be appointed by the Executive, and to hold their offices during good behavior; to receive punctually at stated times a fixed compensation for their services, in which no increase or diminution shall be made, so as to affect the persons actually in office at the time of such increase or diminution. That the Judiciary so established shall have authority to hear and determine in the first instance on all impeachments of federal officers, and by way of appeal in the denier resort in all cases touching the rights and privileges of Ambassadors; in all cases of captures from an enemy; in all cases of piracies and felonies on the high seas; in all cases in which foreigners may be interested, in the construction of any treaty or treaties, or which may arise on any of the acts for regulation of trade, or the collection of the federal Revenue. That none of the Judiciary shall during the time they remain in Office be capable of receiving or holding any other office or appointment during their term of service, or for thereafter.
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6. Resolved, That all acts of the United States in Congress, made by virtue and in pursuance of the powers hereby and by the articles of confederation vested in them, and all treaties made and ratified under the authority of the United States, shall be the supreme law of the respective States as far forth as those Acts or Treaties shall relate to the said States or their Citizens; and that the judiciary of the several States shall be bound thereby in their decisions, any thing in the respective States as far forth as those Acts or Treaties shall relate to the said States or their Citizens; and that the judiciary of the several States shall be bound thereby in their decisions, any thing in the respective laws of the Individual States to the contrary notwithstanding; and if any State, or any body of men in any State, shall oppose or prevent the carrying into execution such acts or treaties, the federal Executive shall be authorized to call forth the powers of the Confederated States, or so much thereof as may be necessary, to enforce and compel an obedience to such Acts, or an Observance of such Treaties.
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7. Resolved, That provision be made for the admission of mew States into the Union.
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8. Resolved, That the rule for naturalization ought to be the same in every State.
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9. Resolved, That a citizen of one State committing an offence in another State of the Union shall be deemed guilty of the same offence as if it had been committed by a citizen of the State in which the offence was committed.
