Morris in the Philadelphia Convention

1
Morris in the Philadelphia Convention

• Riker
• Chapter 4

2
Heresthetical Tactics

• Alliance
• Redefinition
• Delay

3
The Virginia Plan

• Popular election of national legislature (i.e.,
  House of Representatives)
• Natl. Legislature elects Senate Executive
• Driven by distaste for states parochialism

4
The Pennsylvania Problem

• Took issue with unrestrained legislature
• Pennsylvania
• Constitutionalists (populists)
• Republicans
• Morris wants separation of powers

5
The First Salvo

• Popular election of Ntl. Executive (i.e.,
  President) a non-starter
• It would be as unnatural to refer the choice of
  a Chief Magistrate to the people, as it would, to
  refer a trial of colours to a blind man. (George
  Mason)
• Morris has to find other means

6
The Timeline

• July 17 popular election defeated (1-9)
• July 17-26 referral of Virginia Plan to
  Committee on Detail (Stage 1)
• August 24 consideration of Committees report
  (Stage 2)
• September 4-5 Postponed matters (Stage 3)

7
Developing a Separationist Position

• Rhetorical Attack
• Logic Montesquieu separation of powers
• Fear Cabals intrigue
• Proposition
• if elected by legislature, the executive should
• Have lengthy term
• Be ineligible for re-election

8
Developing a Separationist Position

• July 17
• Natl. executive elected by Natl. Legislature
• 7-year Term postponed
• Ineligibility for 2nd Term
• Separationists delete (6-4)
• Return to Term
• Strike out 7-years, insert on good behaviour

9
Developing a Separationist Position

• Note implication of on good behaviour clause
• A vote for implicitly supports separation of
  powers (i.e., like a judges tenure on the Bench)
• A vote versus, implies regular elections and
  intrigue

10
Building Alliances

• July 19
• Morris reaches out to small state delegates
• Paterson (NJ) election by electors not
  legislature
• July 24 26
• Cost of electors
• Elector plan overturned legislature reaffirmed

11
A Last Attack

• August 24
• Rutledge (SC) joint ballot (i.e., House
  Senate) to weaken small state influence (7-4)
• Dayton (NJ) vote by state delegation (5-6)
• Morris popular election of electors (5-6)
• Morris some selection of electors (4-4)
• Dayton postpone (pass)

12
A Last Attack

• Tie gives Morris time
• Also reveals a cycle
• Leg. Election w/o joint ballot gt electors
• Electors leg. w. joint ballot
• Leg. election w. joint ballot gt leg. election w/o
  joint ballot
• Cycle gives Morris opening

13
Stacking the Committee

• Separationists dominate committee on postponed
  matters
• Fashion bargain
• Electors
• Selected by States
• Meet in state capitols
• N Electors N Reps N Senators

14
Conclusion

• Morris
• redefined
• separation of powers
• built alliances
• small states
• divided opposition
• good behaviour intrigue

• delayed
• Postponement
• bargained