On May 29, 1787, Virginia
delegate Edmund
Randolph proposed what became known as "The Virginia Plan."
Written primarily by fellow Virginian James Madison, the plan traced
the broad outlines of what would become the U.S. Constitution: a national
government consisting of three branches with checks and balances to
prevent the abuse of power. In its amended form, this page of
Madison's plan shows his ideas for a legislature. It describes two
houses: one with members elected by the people for three-year terms
and the other composed of older leaders elected by the state
legislatures for seven-year terms. Both would use population as a
basis for dividing seats among the states.
Source:
Our Documents: Virginia Plan (1787)
1.
Resolved that the Articles of
Confederation ought to be so corrected & enlarged as to
accomplish the objects proposed by their institution; namely, "common
defense, 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 ; 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 reelection for the space of
after the expiration of their term of service, and to be subject to
recall.
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.
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 bar 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 or any treaty subsisting
under the authority of the 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 behavior; 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.
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 & Territory on otherwise, with the
consent of a number of voices in the National legislature less than
the whole.
11.
Resolved that a Republican Government & the territory of each State,
except in the instance of a voluntary junction of Government &
territory, ought to be guarantied by the United States to each State
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.
13.
Resolved that provision ought to be made for the amendment of the
Articles of Union whenever it shall seem necessary, and that the
assent of the National Legislature ought not to be required thereto.
14.
Resolved that the Legislative Executive & Judiciary powers within the
several States ought to be bound by oath to support the articles of
Union.
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 & decide thereon.
Source:
Gaillard
Hunt
James
B.
Scott
Debates in the Federal Convention of 1787 Reported by James Madison
New York
1920
23-26
