A legislative assembly that meets to debate issues.

The group of presidential electors who cast the official votes for president and vice president after a presidential election. Each state has a number of electors equal to the total of its members in the Senate and House of Representatives. The functioning of the Electoral College is provided for in Article II of the U.S. Constitution and amended by the Twelfth and Twenty-third Amendments.

Article I, Section 8, Clause 18 of the Constitution that gives Congress the power to make all laws that are "necessary and proper" to carry out the powers specifically delegated to it by the Constitution. It is also known as the "elastic clause" because of the vagueness of the phrase "necessary and proper."

The division of the powers of government among the different branches. Separating powers is a primary strategy of promoting constitutional or limited government by ensuring that no one individual or branch has excessive power that can be abused. See checks and balances

Legislative powers not completely separated between the branches of government.

George Mason wrote the Virginia Declaration of Rights. Later, as a delegate to the Philadelphia Convention (see Lessons 9-12) Mason led the movement against ratification of the U.S. Constitution because it lacked a bill of rights (see Lesson 13). Mason did not want government in America to become like government in England, and he believed declarations of rights as limits on government were one way to prevent this.

George Washington was born in Virginia in 1732. He grew up there on several plantations along the Potomac and Rappahannock Rivers. He was not particularly well educated, but did learn surveying. In 1753, he began his service to the country, which was to continue throughout his life, despite his desire to live a more private existence. Washington's efforts as commander of the Continental Army are well known. After the Treaty of Paris was signed in 1783, Washington returned to his home, Mount Vernon. Although he did not initially want to attend the Philadelphia Convention, his friends convinced him that his presence was necessary. He was elected president of the convention but spoke little. His presence and approval, however, were important. Nearly everyone assumed that Washington would be the first president of the United States, which, of course, he was, serving from 1789-1797.

Wilson was born and educated in Scotland. He arrived in America in 1765, where he taught and studied law. He set up a legal practice in Pennsylvania. He was active in the revolutionary effort, voting for independence and signing the Declaration. After the war, he defended loyalists and their sympathizers. His shift to conservatism angered many people in Pennsylvania, but by the 1780s, Wilson was again elected to the Continental Congress. He was an influential delegate to the Philadelphia Convention, where he spoke even more often than Madison. Wilson led the ratification effort in Pennsylvania. In 1789, he was appointed to the Supreme Court.

Morris was born in New York to a wealthy family with a history of public service. Early in life, he lost a leg in a carriage accident. He graduated from King's College in New York City and studied law. Many of his family and friends were loyalists, but Morris sided with the patriots. He served in the militia as well as in the New York legislature and the Continental Congress. When he was defeated for Congress in 1779, Morris moved to Philadelphia to practice law. At the Philadelphia Convention, Morris gave more speeches than anyone else. He favored a strong national government ruled by the upper classes. He served on many committees and was the primary author of the actual document. After the convention, Morris spent ten years in Europe. He served briefly in the Senate, but then retired.

Case Summary

Following the Supreme Court's decision in Bush v. Palm Beach County Canvassing Board, and concurrent with Vice President Al Gore's contest of the certification of Florida presidential election results, on December 8, 2000 the Florida Supreme Court ordered that the Circuit Court in Leon County tabulate by hand 9,000 contested ballots from Miami-Dade County. It also ordered that every county in Florida must immediately begin manually recounting all "under-votes" (ballots which did not indicate a vote for president) because there were enough contested ballots to place the outcome of the election in doubt. Texas Governor George Bush and his running mate, Richard Cheney, filed a request for review in the U.S. Supreme Court and sought an emergency petition for a stay of the Florida Supreme Court's decision. The U.S. Supreme Court granted review and issued the stay on December 9. It heard oral arguments two days later.

Question(s)

Did the Florida Supreme Court violate Article II, Section 1, Clause 2 of the Constitution by making new election law? Do standardless manual recounts violate the Equal Protection and Due Process Clauses?

Answer(s)

Noting that the Equal Protection Clause guarantees individuals that their ballots cannot be devalued by "later arbitrary and disparate treatment," the unsigned opinion issued on behalf of the entire Court held 7-2 that the Florida Supreme Court's scheme for recounting ballots was unconstitutional. Even if the recount were fair in theory, it was unfair in practice. The record suggested that different standards were applied from ballot to ballot, precinct to precinct, and county to county. Because of those and other procedural difficulties, the court held that no constitutional recount could be fashioned in the time remaining (which was short because the Florida legislature wanted to take advantage of the "safe harbor" provided by 3 U.S.C. Sec. 5). Loath to make broad precedents, the opinion limited its holding to the present case. Rehnquist (in a concurring opinion joined by Scalia and Thomas) argued that the recount scheme was also unconstitutional because the Florida Supreme Court's decision made new election law, which only the state legislature may do. Breyer and Souter (writing separately) agreed with the Court's holding that the Florida supreme court's recount scheme violated the Equal Protection Clause, but they dissented with respect to the remedy, believing that a constitutional recount could be fashioned. Time is insubstantial when constitutional rights are at stake. Ginsburg and Stevens (writing separately) argued that for reasons of federalism, the Florida supreme court's decision ought to be respected. Moreover, the Florida decision was fundamentally right; the Constitution requires that every vote be counted.

See: The Oyez Project, Bush v. Gore, 531 U.S. 98 (2000)

From Wikipedia: Federalist No. 37 is an essay by James Madison, published on January 11, 1788 discussing some of the political questions raised at the Constitutional Convention, such as the question of the authority of the state versus the liberty of the people. Among other problems faced at the convention, including representation of small and large states, the balance between federal and state authority and geographical concerns, Madison points out how wonderful it is that delegates could overcome them.

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Part of Madison's daily notes taken during debates at the Philadelphia Convention, which remain one of few accounts of the convention's proceedings due to the vow of secrecy imposed on attendees. The notes from June 19 center on the debate over properly representing states in the proposed legislature.

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Part of Madison's daily notes taken during debates at the Philadelphia Convention, which remain one of few accounts of the convention's proceedings due to the vow of secrecy imposed on attendees. The notes from June 20 center on the debate over bicameralism in the proposed legislature.

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From Wikipedia: Federalist No. 48 is an essay by James Madison, published on February 1, 1788. This paper builds on Federalist No. 47 in which Madison argued for separation of powers; in this one he argues that the legislative, executive, and judicial branches of government must not be totally divided. Madison asserts that entities of power -- especially the legislature -- will naturally seek more power and therefore, each branch of government must have checks and balances from the others.

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From Wikipedia: Federalist No. 51 is an essay by James Madison, published on February 6, 1788. No. 51 addresses means by which appropriate checks and balances can be created in government. This is one of the most often quoted Federalist Papers for its arguments in favor of separation of powers.

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From Wikipedia: Federalist No. 71 is an essay by Alexander Hamilton, titled, "The Duration in Office of the Executive," published on March 18, 1788. It is the fifth in a series of 11 essays discussing the powers and limitations of the executive branch. Hamilton argues that the executive not be given free reign, as even well intentioned leaders cannot always be right, and proposes a four-year term limit on the presidency.

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An Anti-Federalist essay, criticizing the proposed constitution and outlining the Federal Farmer's goals for future letters. He proposed increased representation, inclusion of state governments in the national government, and ensuring the representation of diverse interests.

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Anti-Federalist argument for a federal republic with authority resting in the state governments. The Federal Farmer praises the historical events of England that resulted in a small number of people over a small geographic area represented by a relatively large number of officials and warns that the proposed constitution would result in an elite failing to represent the common man, as in Rome.

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From Wikipedia: Federalist No. 1 is an essay by Alexander Hamilton and the first of the Federalist Papers, published on October 27, 1787. Titled "General Introduction," It is essentially a preface to the series, laying out in broad strokes the major points the authors hope to demonstrate -- that the Articles of Confederation should be disposed of, and that the proposed new constitution is written to properly distribute the powers of government to the greatest benefit of the governed.

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From Wikipedia: Federalist No. 10 is an essay by James Madison arguing for the ratification of the United States Constitution. It addresses the question of how to guard against "factions" with interests contrary to the rights of others or the interests of the whole community. Madison argues that a strong, large republic would be a better guard against those dangers than smaller republics like the individual states.

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Martin's letter to the citizens of Maryland warning of entrusting too much power to the government. Martin's cynical argument cautions that governments are still made of men and are subject to human flaws. To combine those potential flaws into one government, he argues, invites the possibility of being subject to tyranny.

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Martin's extensive criticism of the Philadelphia Convention, its methods and its work. He especially focuses on the secrecy surrounding the convention and his perceptions of bias toward a large national government.

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Hamilton's arguments in favor of the necessary and proper clause and the supremacy clause. He argues that the first clause is implicit in the constitution -- if Congress is granted a power, it must necessarily be able to draft laws that enable it to execute that power. Hamilton then applies this line of logic to the issue of taxation, stating that Congress must have the power to create legislation to collect taxes.

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The supreme law of the United States that provides the framework for the government. The Constitution outlines the nation's institutions of government and the most important rights of the people. The document was created in 1787 during the Philadelphia Convention. The government created by the Constitution took effect on March 4, 1789.

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