The Virginia, or Randolph, Plan
The Virginia, or Randolph, Plan
At the Constitutional Convention in 1787, a deep division emerged between the large, more populated states and the smaller states over the apportionment of the national legislature. The Virginia Plan, also known as the Randolph Plan, after its sponsor, edmund jennings randolph, called for a two-house legislature with representation of each state based on its population or wealth.
roger sherman, along with oliver ellsworth, proposed the Connecticut, or Great, Compromise. This plan created a bicameral legislature with proportional representation in the lower house and equal representation in the upper house. All revenue measures would originate in the lower house. The compromise was accepted, and the Constitution was soon approved by the convention.
The Virginia, or Randolph, Plan
[Virginia Governor Edmund Randolph] then commented on the difficulty of the crisis, and the necessity of preventing the fulfillment of the prophecies of the American downfall.
He observed that in revising the federal system we ought to inquire 1. into the properties, which such a government ought to possess, 2. the defects of the confederation, 3. the danger of our situation & 4. the remedy.
1. The Character of such a government ought to secure 1. against foreign invasion: 2. against dissensions between members of the Union, or seditions in particular states: 3. to procure to the several States various blessings, of which an isolated situation was incapable: 4. to be able to defend itself against incroachment: & 5. to be paramount to the state constitutions.* * *
He then proceeded to enumerate the defects: 1. that the confederation produced no security against foreign invasion; congress not being permitted to prevent a war nor to support it by their own authority—Of this he cited many examples; most of which tended to shew, that they could not cause infractions of treaties or of the law of nations, to be punished: that particular states might by their conduct provoke war without controul; and that neither militia nor draughts being fit for defence on such occasions, inlistments only could be successful, and these could not be executed without money. 2. that the federal government could not check the quarrels between states, nor a rebellion in any, not having constitutional power nor means to interpose according to the exigency:
3. that there were many advantages, which the U.S. might acquire, which were not attainable under the confederation—such as a productive impost—counteraction of the commercial regulations of other nations—pushing of commerce ad libitum—etc.etc.
4. that the federal government could not defend itself against the incroachments from the states.
5. that it was not even paramount to the state constitutions, ratified, as it was in ma[n]y of the states.
3. He next reviewed the danger of our situation, appealed to the sense of the best friends of the U.S.—the prospect of anarchy from the laxity of government every where; and to other considerations.
4. He then proceeded to the remedy; the basis of which he said must be the republican principle.
He proposed as conformable to his ideas the following resolutions, which he explained one by one….
1. Resolved that the Articles of Confederation ought to be so corrected & enlarged as to accomplish the objects proposed by their institution; namely, "common defence, security of liberty, and general welfare."
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.
3. Resolved that the National Legislature ought to consist of two branches.
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 [.]* * *
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[.]* * *
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 & 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 fulfill its duty under the articles thereof.
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.
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, & 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.
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 behaviour; and to receive punctually at stated times 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 jurisdiction of the inferior tribunals shall be to hear & determine in the first instance, and of the supreme tribunal to hear and determine in the dernier resort, all piracies & 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 officers, and questions which may involve the national peace and harmony.* * *
Mr. Wilson. He wished for vigor in the Government, but he wished that vigorous authority to flow immediately from the legitimate source of all authority. The Government ought to possess not only first the force, but secondly the mind or sense of the people at large. The Legislature ought to be the most exact transcript of the whole Society. Representation is made necessary only because it is impossible for the people to act collectively. The opposition was to be expected he said from the Governments, not from the Citizens of the States. The latter had parted as was observed (by Mr. King) with all the necessary powers; and it was immaterial to them, by whom they were exercised, if well exercised. The State officers were to be the losers of power. The people he supposed would be rather more attached to the national Government than to the State Governments as being more important in itself, and more flattering to their pride. There is no danger of improper elections if made by large districts. Bad elections proceed from the smallness of the districts which give an opportunity to bad men to intrigue themselves into office.* * *
Colonel Mason. Under the existing Confederacy, Congress represent the States not the people of the States; their acts operate on the States, not on the individuals. The case will be changed in the new plan of Government. The people will be represented; they ought therefore to choose the Representatives. The requisites in actual representation are that the Representatives should sympathize with their constituents; should think as they think, & feel as they feel; and that for these purposes should even be residents among them. Much he said had been alleged against democratic elections. He admitted that much might be said; but it was to be considered that no Government was free from imperfections & evils; and that improper elections in many instances, were inseparable from Republican Governments. But compare these with the advantage of this Form in favor of the rights of the people, in favor of human nature. He was persuaded there was a better chance for proper elections by the people, if divided into large districts, than by the State Legislatures.
"The Virginia, or Randolph, Plan." West's Encyclopedia of American Law. . Encyclopedia.com. (January 19, 2019). https://www.encyclopedia.com/law/encyclopedias-almanacs-transcripts-and-maps/virginia-or-randolph-plan
"The Virginia, or Randolph, Plan." West's Encyclopedia of American Law. . Retrieved January 19, 2019 from Encyclopedia.com: https://www.encyclopedia.com/law/encyclopedias-almanacs-transcripts-and-maps/virginia-or-randolph-plan