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Journal articles on the topic 'Constitutional Convention (1788)'

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Published: 4 June 2021

Last updated: 27 July 2025

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1

Bilder, Mary Sarah. "The Soul of a Free Government: The Influence of John Adams’s A Defence on the Constitutional Convention." Journal of American Constitutional History 1, no. 1 (2023): 1–40. http://dx.doi.org/10.59015/jach.axbf8835.

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Contrary to the conventional modern view, John Adams’s A Defence of the Constitutions of Government of the United States of America (1787) was deeply influential on the Constitutional Convention. Adams’s constitutional system, though not original with him, provided a useful synthesis that emphasized balance as a working principle, checks as the operational corollary, and institutional structures reflecting the many, the few, and the one. Through the contemporaneous serialization in the Pennsylvania Mercury beginning May 11, 1787, this system and Adams’s conceptual terminology were read by key

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2

Jaconelli, Joseph. "The nature of constitutional convention." Legal Studies 19, no. 1 (1999): 24–46. http://dx.doi.org/10.1111/j.1748-121x.1999.tb00084.x.

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The term ‘constitutional convention’ tends to be attached indiscriminately to any regularity of conduct that is observed in the process of government. It is here argued, however, that constitutional conventions as properly understood are social rules which govern the relations between political parties or the institutions of government. Furthermore, this term is to be confined only to those social rules that are constitutional in character. Intra- party standards of conduct, in particular, have wrongly been accorded the status of constitutional convention. These considerations, together with a

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3

Elliott, Mark. "Parliamentary sovereignty and the new constitutional order: legislative freedom, political reality and convention." Legal Studies 22, no. 3 (2002): 340–76. http://dx.doi.org/10.1111/j.1748-121x.2002.tb00197.x.

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Although the constitutional reform programme undertaken by the Blair administration is formally consistent with the doctrine of parliamentary sovereignty, it is clear that the human rights and devolution legislation, in particular, significantly alter the political and constitutional environment within which Parliament's legislative powers are exercised. This paper considers whether it is meaningfiul, within this new constitutional setting, to adhere to the traditional notion of sovereignty. It is argued that the disparity between a Parliament whose powers are formally unlimited yet increasing

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4

Bilder, Mary Sarah. "The Ordeal and the Constitution." New England Quarterly 91, no. 1 (2018): 129–46. http://dx.doi.org/10.1162/tneq_a_00663.

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Bernard Bailyn's The Ordeal of Thomas Hutchinson demonstrated that losers provide a method to recover the historical reality of people who did not know which political and constitutional arguments would ultimately win. Applying this insight, this essay argues that the meanings ascribed to “The Constitution” arose after the 1787 Constitutional Convention.

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Gelman, David A. "Ideology and Participation: Examining the Constitutional Convention of 1787." Political Research Quarterly 71, no. 3 (2018): 546–59. http://dx.doi.org/10.1177/1065912917749751.

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This article looks at the effect of ideology on delegate participation at the Federal Convention of 1787. Making use of an original data set on delegate verbosity and delegate speeches at the Constitutional Convention, analysis reveals that ideologically extreme Convention delegates were more likely to participate at the Convention. This leads to two conclusions. First, ideology affected delegate participation in a meaningful way. Second, claims made about the intent of the writers of the Constitution based on Convention records are biased in favor of ideologically extreme Convention delegates

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Marzuki, M. Laica. "Konstitusi dan Konstitusionalisme." Jurnal Konstitusi 7, no. 4 (2016): 001. http://dx.doi.org/10.31078/jk741.

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PENDAHULUANThe Constitution of The United States of America yang ditandatangani39 delegasi di kala tanggal 17 September 1787 di Philadelphia, Pennsylvania, tempat terselenggaranya Constitutional Convention, mendorong lahirnya constitutional states (negara – negara konstitusi) di beberapa kawasan dunia, termasuk negara – negara monarki, yang dikenal dengan penamaan: constitutional monarch.Dalam perkembangannya beberapa constitutional state menyadari bahwa konstitusi negara – negara dimaksud kurang memuat pengaturan hal pembatasan penguasa dan pengakuan hak – hak sipil rakyat banyak di dalamnya.

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7

Reck, Andrew J. "The Philosophical Background of the American Constitution(s)." Royal Institute of Philosophy Supplement 19 (March 1985): 273–93. http://dx.doi.org/10.1017/s135824610000463x.

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The Constitution of the United States was constructed by men influenced by fundamental ideas of what a republic should be. These ideas hark back to the ancient philosophers and historians, and were further articulated and developed in modern times. From time to time scholars have sought to collect and reprint selections from the classical, biblical, and modern sources upon which the Founding Fathers fed. Remarkably, however, the best anthology of these sources to understand the republican idea that undergirds the Federal Constitution was prepared on the eve of the Constitutional Convention by

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8

Reck, Andrew J. "The Philosophical Background of the American Constitution(s)." Royal Institute of Philosophy Supplement 19 (March 1985): 273–93. http://dx.doi.org/10.1017/s0957042x00004636.

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The Constitution of the United States was constructed by men influenced by fundamental ideas of what a republic should be. These ideas hark back to the ancient philosophers and historians, and were further articulated and developed in modern times. From time to time scholars have sought to collect and reprint selections from the classical, biblical, and modern sources upon which the Founding Fathers fed. Remarkably, however, the best anthology of these sources to understand the republican idea that undergirds the Federal Constitution was prepared on the eve of the Constitutional Convention by

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9

Dougherty, Keith. "Slavery in the Constitution: Why the Lower South Occasionally Succeeded at the Constitutional Convention." Political Research Quarterly 73, no. 3 (2019): 638–50. http://dx.doi.org/10.1177/1065912919848843.

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The Lower South’s successes at the Constitutional Convention of 1787 contributed to a constitution that prohibited federal interference with the slave trade until 1808, guaranteed fugitive slaves would be returned to their masters, and prevented export tariffs. We explain why the Lower South occasionally succeeded on sectional issues at the convention using a multiple-dimensional model of sincere voting, estimated using a new dataset of delegate votes, multiple imputation, and optimal classification. We argue that mixing sectional issues with powers of the federal government made the Lower Sou

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10

Gienapp, Jonathan. "Written Constitutionalism, Past and Present." Law and History Review 39, no. 2 (2021): 321–60. http://dx.doi.org/10.1017/s0738248020000528.

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Debates over constitutional originalism almost always center on meaning. Questions are typically focused, concentrated on the meaning of particular constitutional clauses at the moment of their inception: the Commerce Clause in 1787, the Second Amendment in 1791, or the Fourteenth Amendment in 1868. Given the prevalence of these investigations, theoretical and methodological debates over how to recover original constitutional meaning are concentrated on either the kind of meaning that should be targeted—original public meaning, original intended meaning, or original legal meaning—or how that m

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11

McGuire, Robert A., and Robert L. Ohsfeldt. "An Economic Model of Voting Behaviour over Specific Issues at the Constitutional Convention of 1787." Journal of Economic History 46, no. 1 (1986): 79–111. http://dx.doi.org/10.1017/s0022050700045514.

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Despite hundreds of studies of the influence of economic interests on the formation of the U.S. Constitution, no consensus has been reached. Our study of the Constitutional Convention differs from previous ones by offering an explicit theoretical model of delegates' voting behavior and employing multivariate statistical techniques. We extend our earlier work by analyzing new information on constituents' economic interests and ideology. Further our econometric results on individual roll-call votes strongly suggest delegates who owned slaves or represented slaveowning constituents were more like

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12

Primus, Richard. ""The Essential Characteristic": Enumerated Powers and the Bank of the United States." Michigan Law Review, no. 117.3 (2018): 415. http://dx.doi.org/10.36644/mlr.117.3.essential.

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The idea that Congress can legislate only on the basis of its enumerated powers is an orthodox proposition of constitutional law, one that is generally supposed to have been recognized as essential ever since the Founding. Conventional understandings of several episodes in constitutional history reinforce this proposition. But the reality of many of those events is more complicated. Consider the 1791 debate over creating the Bank of the United States, in which Madison famously argued against the Bank on enumerated-powers grounds. The conventional memory of the Bank episode reinforces the sense

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13

GRUBB, FARLEY. "The US Constitution and monetary powers: an analysis of the 1787 constitutional convention and the constitutional transformation of the US monetary system." Financial History Review 13, no. 1 (2006): 43–71. http://dx.doi.org/10.1017/s0968565006000059.

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The monetary powers embedded in the US Constitution were revolutionary and led to a watershed transformation in the nation's monetary structure. They included determining what monies could be legal tender, who could emit fiat paper money, and who could incorporate banks. How the debate at the 1787 constitutional convention over these powers evolved and led the founding fathers to the specific powers adopted is presented and deconstructed. Why they took this path rather than replicate the successful colonial system and why they codified such powers into supreme law rather than leaving them to l

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14

Minkov, Stefan. ""From confederation to federation: transformation of the USA state structure between 1777 – 1789 "." Lyuboslovie 21 (November 22, 2021): 92–117. http://dx.doi.org/10.46687/zwrr2771.

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The study examines the ideological foundations and prerequisites for the independence of the British colonies in North America. We examine the construction of the state system, first passing through the confederate model of state organization, which is the closest to the traditions of the colonial period. However, it failed due to some "defects" of the Articles of Confederation of 1777, the main one being the lack of financial security to pursue union politics. In 1787, the Constitutional Convention drafted a constitution for the United States, with centralism and unitarism prevailing in the d

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15

Lunau, Ralf. "Hypotheken der Vergangenheit: Geschichte und Rahmenbedingungen der aktuellen Verfassungsgebung in Chile." Zeitschrift für Parlamentsfragen 53, no. 3 (2022): 667–90. http://dx.doi.org/10.5771/0340-1758-2022-3-667.

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Between July 4th, 2021 and July 4th, 2022, a Constitutional Convention met in Santiago de Chile to draft a new constitution for the Republic of Chile. Tue convening of this body was preceded by social unrest in October 2019, which fundamentally called into question the semblance of the country’s social and political stability. Constitutional legacies from the time of the civil-military dictatorship have survived the years of transition to democracy and the rule of law and, with their long-term effects, have caused an institutional rigidness in the country that contributed significantly to the

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16

Heckelman, Jac C., and Keith L. Dougherty. "An Economic Interpretation of the Constitutional Convention of 1787 Revisited." Journal of Economic History 67, no. 4 (2007): 829–48. http://dx.doi.org/10.1017/s0022050707000411.

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Empirical studies of delegate voting at the Constitutional Convention have relied on the same 16 roll call votes. This article re-examines various assumptions used in the collection of these data. We first create a baseline regression. We then consider the effect of dropping delegates not in attendance, re-inferring the votes from primary sources, examining various subsamples of the roll calls, and reconstructing constituency variables to include state districts. Our findings suggest that personal interests were indeed important for decision making at the Constitutional Convention, but constit

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17

Dr., Samuel B. Hof. "The President Who Would Not Be King: Executive Power Under The Constitution." International Journal of Arts, Humanities and Social Studies 4, no. 3 (2022): 70–71. https://doi.org/10.5281/zenodo.6615290.

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This is a review essay of Michael W. McConnell's book, The President Who Would Not Be King: Executive Power Under the Constitution, published by Princeton University Press in 2020. The book has 421 total pages and sells for $35 in hardback. The review begins by identifying objectives or the research and providing a biography of the author. Second, the contents of the book are reviewed, including the Introduction, four parts, and the Conclusion. Third, the text is compared to other recent books available on the same topic. Finally, the strengths and weaknesses of the book are evaluated. &nb

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18

Magliocca, Gerard N. "A Faction of One: Revisiting Madison's Notes on the Constitutional Convention." Law & Social Inquiry 43, no. 01 (2018): 267–81. http://dx.doi.org/10.1111/lsi.12296.

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This essay on Madison's Hand: Revising the Constitutional Convention, Mary Bilder's revisionist account (2016) of James Madison's Notes on the Constitutional Convention argues that her central thesis, which is that Madison substantially revised the Notes long after the Convention adjourned, is groundbreaking but will have no effect on constitutional law. Madison's Hand is groundbreaking because the book yields many powerful insights into the deliberations of the Convention and into the evolution of Madison's thought. Nevertheless, constitutional practice in the Supreme Court and among elite la

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19

Slonim, Shlomo. "Securing States' Interests at the 1787 Constitutional Convention: A Reassessment." Studies in American Political Development 14, no. 1 (2000): 1–19. http://dx.doi.org/10.1017/s0898588x00002984.

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20

Gutzman, Kevin R. C. "Edmund Randolph and Virginia Constitutionalism." Review of Politics 66, no. 3 (2004): 469–98. http://dx.doi.org/10.1017/s0034670500038870.

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Scholars have long been under the impression that the doctrines enunciated in the Virginia and Kentucky Resolutions of 1798 and 1799 and the Virginia Report of 1800 originated with the authors of those documents, James Madison and Thomas Jefferson. Yet this article demonstrates that it was not either of those two future presidents who concocted what Andrew Jackson would dub “the Virginia Doctrine.” That distinction belongs to Governor Edmund Randolph, a non-signer of the Constitution at the Philadelphia Convention who became a leading voice for ratification in the Virginia Ratification Convent

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21

Slonim, Shlomo. "Motives at Philadelphia, 1787: Gordon Wood's Neo-Beardian Thesis Reexamined." Law and History Review 16, no. 3 (1998): 527–52. http://dx.doi.org/10.2307/744243.

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Ever since Charles Beard published his seminal work, An Economic Interpretation of the Constitution of the United States, in 1913, a vigorous debate has ensued among historians over the purpose and design of the Constitutional Convention. Was it, as Beard claimed, a Thermidorean counterrevolution, a reaction to the leveling propensities unleashed by the Revolution, or was it a conclave of patriots dedicated to the preservation of the Union and intent on strengthening the federal government so as to overcome the centrifugal forces tearing the confederation apart? For about forty years after its

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22

Gutzman, Kevin R. C. "Contested Conventions: The Struggle to Establish The Constitution and Save the Union, 1787–1789 by Melvin Yazawa." Journal of the Early Republic 38, no. 2 (2018): 338–40. http://dx.doi.org/10.1353/jer.2018.0031.

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23

Hale, Matthew Rainbow. "Contested Conventions: The Struggle to Establish the Constitution and Save the Union, 1787–1789 by Melvin Yazawa." Journal of Southern History 84, no. 1 (2018): 141–42. http://dx.doi.org/10.1353/soh.2018.0005.

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24

Thomas, David. "The Constitutional Convention of 1787: A Reference Guide by Stuart Leibiger." Journal of the Early Republic 41, no. 4 (2021): 663–65. http://dx.doi.org/10.1353/jer.2021.0083.

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25

Spillman, Lyn. "“Neither the same Nation Nor Different Nations”: Constitutional Conventions in the United States and Australia." Comparative Studies in Society and History 38, no. 1 (1996): 149–81. http://dx.doi.org/10.1017/s0010417500020156.

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Debates in constitutional conventions in the United States in 1787 and Australia in 1897 reveal similarities and differences that illuminate the process by which nations became increasingly meaningful forms of social organization. Although the tone of these debates tended to be technical and pragmatic, focusing on specific concerns about the machinery of “good government,” convention delegates showed in their assumptions, their omissions, and in the claims and comparisons they repeated, what they were coming to perceive as commonalities. Claims about what identified the new nations were part o

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26

Vile, John R. "The Critical Role of Committees at the U.S. Constitutional Convention of 1787." American Journal of Legal History 48, no. 2 (2006): 147. http://dx.doi.org/10.2307/25434790.

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27

Cole, Nicholas, Alfie Abdul-Rahman, and Grace Mallon. "A framework for modelling and visualizing the US Constitutional Convention of 1787." International Journal on Digital Libraries 21, no. 2 (2018): 191–213. http://dx.doi.org/10.1007/s00799-018-0263-9.

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28

LaCroix, Alison L. "The Authority for Federalism: Madison's Negative and the Origins of Federal Ideology." Law and History Review 28, no. 2 (2010): 451–505. http://dx.doi.org/10.1017/s0738248010000064.

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The Philadelphia convention of 1787 looms enormous in many accounts of U.S. constitutional history, serving as the set piece in which various and muddled worldviews, theories, interests, and allegiances gelled into a coherent science and structure of politics. The Convention thus becomes time zero in the chronology of U.S. political and constitutional development, a finite and forward-looking first moment defining, for good or ill, the terms according which subsequent debates regarding the nature of U S. government would be conducted.

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Gardiner, Stephen M. "Motivating (or Baby-Stepping Toward) a Global Constitutional Convention for Future Generation." Environmental Ethics 41, no. 3 (2019): 199–220. http://dx.doi.org/10.5840/enviroethics201941322.

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Recently, I have been arguing for a global constitutional convention focused on protecting future generations. This deliberative body would be akin to the American constitutional convention of 1787, which gave rise to the present structure of government in the United States. It would confront the “governance gap” that currently exists surrounding concern for future generations. In particular, contemporary institutions tend to crowd out intergenerational concern, and thereby facilitate a “tyranny of the contemporary.” They not only fail to address a basic standing threat to humanity and other s

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30

Carlsen, Paul, and Jac Heckelman. "The (Questionable) Importance of New York at the Constitutional Convention." Journal of Early American History 7, no. 3 (2017): 237–61. http://dx.doi.org/10.1163/18770703-00703003.

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The u.s. Constitution was first developed at the 1787 Convention, where each state’s vote was determined by the majority preference of its delegates. Two of the delegates from New York, John Lansing and Robert Yates, both strident anti-Federalists, left the Convention early due to disagreement with the proceedings. Their departure cost New York its vote for the rest of the Convention, and has been considered by some scholars to be an important event. We investigate how often New York’s vote was critical to proposals passing or failing, both when present and counter-factually when absent. We fi

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31

Perrotta, Katherine Assante, and Joseph R. Feinberg. "Using Digital Simulations for Teaching the Constitutional Convention in Undergraduate History." Social Studies Research and Practice 11, no. 1 (2016): 158–76. http://dx.doi.org/10.1108/ssrp-01-2016-b0010.

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College instructors are entering a new frontier of teaching in the 21st century. Millennial students are bringing to university classrooms different experiences regarding the ways they learn and engage in critical thinking. As online universities gain more popularity across the country, higher education institutions are offering more hybrid and distance-learning courses on the Internet match the demand for using technology for teaching and learning. This action research study evaluates how the Annenberg Media digital simulation The Constitutional Convention of 1787 effected student engagement

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32

Pahl, Jon, and Thornton Anderson. "Creating the Constitution: The Convention of 1787 and the First Congress." American Historical Review 101, no. 3 (1996): 909. http://dx.doi.org/10.2307/2169563.

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33

Mattern, David B., and Thornton Anderson. "Creating the Constitution: The Convention of 1787 and the First Congress." Journal of the Early Republic 15, no. 2 (1995): 313. http://dx.doi.org/10.2307/3123918.

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34

Alexander, John K., and Thornton Anderson. "Creating the Constitution: The Convention of 1787 and the First Congress." Journal of American History 82, no. 1 (1995): 207. http://dx.doi.org/10.2307/2081970.

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35

Henderson, H. James, and Calvin C. Jillson. "Constitution Making: Conflict and Consensus in the Federal Convention of 1787." William and Mary Quarterly 46, no. 4 (1989): 830. http://dx.doi.org/10.2307/1922798.

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36

Bernstein, Richard B., and Thornton Anderson. "Creating the Constitution: The Convention of 1787 and the First Congress." William and Mary Quarterly 51, no. 4 (1994): 829. http://dx.doi.org/10.2307/2946964.

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37

Gough, Robert J. "A "Supposititious Enumeration": The Role of Population Estimates at the 1787 Constitutional Convention." Early American Studies: An Interdisciplinary Journal 20, no. 3 (2022): 506–48. http://dx.doi.org/10.1353/eam.2022.0015.

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38

Gough, Robert J. "A "Supposititious Enumeration": The Role of Population Estimates at the 1787 Constitutional Convention." Early American Studies: An Interdisciplinary Journal 20, no. 3 (2022): 506–48. http://dx.doi.org/10.1353/eam.2022.0015.

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39

Little, Gavin. "Scotland and parliamentary sovereignty." Legal Studies 24, no. 4 (2004): 540–67. http://dx.doi.org/10.1111/j.1748-121x.2004.tb00262.x.

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The authority of the classic Diceyan approach to parliamentary sovereignty has, as is well known, been called into question as a result of the UK's membership of the EU and human rights legislation. However, this paper focuses on the implications of Scottish devolution for the orthodox doctrine of parliamentary sovereignty. The constitution, and the legislative supremacy of Westminster within it, remains a controversial political issue in Scotland. Accordingly, rather than hypothesising inductively from constitutional doctrine, consideration is given to the nature of the interaction between th

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40

McGuire, Robert A. "Constitution Making: A Rational Choice Model of the Federal Convention of 1787." American Journal of Political Science 32, no. 2 (1988): 483. http://dx.doi.org/10.2307/2111133.

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41

Alibrandi, Rosamaria. "British ideas, American parliamentarism. Republican and Liberal echoes in the Philadelphia Constitutional Convention of 1787." Parliaments, Estates and Representation 33, no. 1 (2013): 20–33. http://dx.doi.org/10.1080/02606755.2013.772403.

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42

Sribniak, M. "THE US CONSTITUTION: RECEPTION OF ANTIQUITY." Bulletin of Taras Shevchenko National University of Kyiv. History, no. 139 (2018): 69–72. http://dx.doi.org/10.17721/1728-2640.2018.139.14.

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The article indicates that ancient examples played the essential role during early US history. It was a vital aspect which had a significant impact on the essence of the American Constitution. Delegates of the Philadelphian Convention appealed to the ideas of ancient philosophers as well as historical background of ancient Greece and Rome. It was common for the speeches at the convention to point out various events, connected with the history of Athens, Sparta and Carthage, albeit Roman Republic was the main source for resemblance. The heritage of such ancient philosophers, as Plato, Aristotle

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43

Curtis, James L. "Perspectives on the Constitutional Convention - Calvin C. Jillson: Constitution Making: Conflict and Consensus in the Federal Convention of 1787. (New York: Agathon Press, Inc., 1988. Pp. xiv, 242. $30.00. $15.00, paper.)." Review of Politics 51, no. 4 (1989): 613–15. http://dx.doi.org/10.1017/s0034670500016582.

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Simard, Justin. "Slavery's Legalism: Lawyers and the Commercial Routine of Slavery." Law and History Review 37, no. 2 (2019): 571–603. http://dx.doi.org/10.1017/s0738248019000300.

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Eugenius Aristides Nisbet played a critical role in Georgia's secession from the United States. Elected as a delegate to Georgia's 1861 secession convention, Nisbet introduced a resolution in favor of severing ties with the Union, and he led the committee that drafted his state's secession ordinance. Nisbet was a trained lawyer who had served on the Georgia Supreme Court, and his legal training shaped the way that he viewed secession. He believed that the Constitution did not give states the right to dissolve the Union; instead, this power rested solely in the people, and he framed the resolut

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45

Rowland, Barbara M. "Constitution Making: Conflict and Consensus in the Federal Convention of 1787.Calvin C. Jillson." Journal of Politics 51, no. 3 (1989): 768–70. http://dx.doi.org/10.2307/2131516.

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46

Hemberger, Suzette. "Constitution Making: Conflict and Consensus in the Federal Convention of 1787.Calvin C. Jillson." American Journal of Sociology 95, no. 1 (1989): 224–25. http://dx.doi.org/10.1086/229240.

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Agyeman, Opoku. "The African Publius." Journal of Modern African Studies 23, no. 3 (1985): 371–88. http://dx.doi.org/10.1017/s0022278x0005713x.

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The title of this article betrays its comparative character: an attempt to outline in broad strokes the political experiences of the United States and Africa spanning 1787 and 1966. The first date marks the year of the Philadelphia Convention whose concern, as it developed, was to draw up an entirely new constitutional framework that was ‘adequate to the exigencies of government and the preservation of the Union’, in place of the ‘weak, deficient and inadequate’ Articles of Confederacy.

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48

Conrad, Stephen A. "Metaphor and Imagination in James Wilson's Theory of Federal Union." Law & Social Inquiry 13, no. 01 (1988): 1–70. http://dx.doi.org/10.1111/j.1747-4469.1988.tb00749.x.

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“Through metaphor, the past has the capacity to imagine us, and we it.” -Cynthia Ozick, in “The Moral Necessity of Metaphor” American federalism is nothing more-und nothing less-than a metaphor. This was how lames Wilson, the most prominent lawyer at the Philadelphia Convention, came to approach the novel problem of understanding and conveying what federalism in a modern republic should mean. The Federal Republic created in 1787 was, for Wilson, more than a mutter of ingenious political design, more than a mutter of the “new science of politics,” and more than a mutter of constitutional law or

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Swift, Elaine K. "The Making of an American House of Lords: The U.S. Senate in the Constitutional Convention of 1787." Studies in American Political Development 7, no. 2 (1993): 177–224. http://dx.doi.org/10.1017/s0898588x00001097.

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The Framers of the U.S. Constitution saw the Senate as their paramount creation. To James Madison, it was “the great anchor of the government,” and in his seminal plans for a new national government, the Senate figured as the most prominent and powerful institution, to be endowed with a potent combination of legislative, executive, and judicial prerogatives that were greater and more wide-ranging than those of either the House or the president. In the four months that the Framers met in Philadelphia, they spent more time and energy deliberating on the Senate than on any other single institutio

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50

Smyth, Daniel J. "The Original Public Meaning of Amendment in the Origination Clause Versus the Patient Protection and Affordable Care Act." British Journal of American Legal Studies 6, no. 2 (2017): 301–61. http://dx.doi.org/10.1515/bjals-2017-0015.

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Abstract Robert Natelson recently published his article, The Founders’ Origination Clause and Implications for the Affordable Care Act, in the Harvard Journal of Law & Public Policy. This article argued the original understanding of the scope of the Senate’s power to amend the House of Representatives’ bills for raising revenue in the Origination Clause permits complete substitutes that are new bills for raising revenue, such as the Patient Protection and Affordable Care Act (PPACA). The original understanding of a constitutional word or provision is what the ratifiers of the Constitution

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