The Constitution of the United States: A Brief Study of the Genesis, Formulation and Political Philosophy of the ConstitutionBeck, James M. (James Montgomery)
History
The Constitution of the United States: A Brief Study of the Genesis, Formulation and Political Philosophy of the Constitution
Beck, James M. (James Montgomery)
Constitutional law -- United States; United States. Constitution
On June 15 the small States presented their draft, which was afterwards
known as the New Jersey plan, because it was introduced by Mr. Patterson
of that State. It only contemplated an amendment to the existing
Constitution and an amplification of the powers of the impotent
Confederation. Its chief advance over the existing government was that
it provided for a federal executive and a federal judiciary, but
otherwise the government remained a mere league of States, in which the
central government could generally act only by the vote of nine States,
and in which their power was exhausted when they requested the States to
enforce the decrees. Its chief advance over the Articles of
Confederation, in addition to the creation of an executive, was an
assertion that the acts of Congress "shall be the supreme law of the
respective States ... and that the judiciary of the several States shall
be bound thereby in their decisions," and that "if any State or any
body of men in any State shall oppose or prevent the carrying into
execution of such acts or treaties the federal executive shall be
authorized to call forth the power of the confederated States ... to
enforce and compel obedience to such acts or an observance of such
treaties."
While this was some advance toward a truly national government, it yet
left the national executive dependent upon the constituent States, for
if they failed to respond to the call above stated the national
government had no direct power over their citizens.
The New Jersey plan precipitated a crisis, and thereafter, and for many
days, the argument proceeded, only to increase in bitterness.
Public-domain text, read in full here on John Shaqi.
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