The document outlines a plan for President Trump's commission to redraft the US Constitution. It provides background on types of constitutions and discusses key considerations in constitution-making, including defining government powers, securing rights, preventing self-dealing, and balancing competing interests. It also examines debates from America's constitutional convention, such as representation in Congress and the three-fifths compromise. The document serves as a reference for students drafting proposals for a revised US Constitution.

1. POL 309
Spring 2019

3. INSTRUCTIONS
As part of his plan to “Make Great AmericaAgain,”
PresidentTrump has created the 2019 Commission
to Redraft the United States Constitution.
Write a detailed outline discussing the
general layout of this new document.
What would the new document look like?
What provisions would be added and what would be taken out? Why?

5.  What are constitutions?
 Charters and laws of states
 Codified Constitution
 Written document
 Specific sections or articles
 Uncodified Constitution
 Collection of laws, customs,
norms, traditions
 Informal nature

6.  Higher Law Constitution
 Presence of State institutions
 Govt. power / authority given to people
 Scope of legislative authority
 Provides (1) rights and (2) amendment process

8.  #1: Definite
 Clearly define what it contains; easily understood and carefully worded
 #2: Comprehensive
 Cover whole of government; information on organization
 #3: Brief
 State necessary provisions; detail leads to disputes
 #4: Durable and Elastic
 Not rigid; flexibility and stability
 #5: Fundamental Rights
 #6: Suitable
 Suit social, political, and economic conditions of citizenry

10.  Empowering Officials / Organizing Politics
 “Rules of the Game”
 Resolve Background Issues  Important Debates
 Securing Rights
 Individual Rights
▪ Bill of Rights
 Political Rights
 Equality Rights
 Procedural Rights
Interconnectivity of Rights
1) Securing Other Rights
2) Political Considerations
3) Principles

11.  Rule of Law and Credible Commitments
 Prosperity, Int’l Relations, Peaceful Cooperation
 What are credible commitments? Importance?
 Preventing Self-Dealing by Govt. Officials
 Use of authority for personal or professional gain
 Conflict Resolution and Minority Rights (“Mob Rule”)

12.  Promoting the Public Interest
 Selection of GovernmentOfficials
 Division of Power
 Federalism
 National Aspirations
 Fundamental Goals and Objectives
 Stopgap against poor decisions
 Constitutions as Compromises
 Importance of Concessions

14.  Originalism
 Original intent or original meaning
 “Reasonable person” at adoption, NOT today
 Textualism
 Focus on textual language – “as written”
▪ NOT “best guesses” or interpretation
 Difference from originalism
▪ “Congress shall make no law....freedom of speech.”

15.  Doctrinalism
 Emphasizes past precedents
 Past legislative or executive branch decisions
▪ Example: Presidential Actions (United States v. Nixon)
 Structuralism
 General principles to explain institutions
 Examples: “Separation of Powers,” “Federalism,”
“Checks and Balances”

16.  Prudentialism
 Cost-benefit analysis of constitutional issues
 Goal: Interpretation with best outcome
 Should Supreme Court really take up issue?
 Aspirationalism
 Obligation that Constitution be “best it can be”
 Which principles justify constitutional practice?

19.  No power to draft soldiers
or pay for military
 No power to regulate
commerce
 No power to tax

22. MADISON’SVIRGINIA PLAN
 Legislative: Population
 Executive: Single
 Judicial: National Judiciary
Elected by Legislature
PATERSON’S NEW JERSEY PLAN
 Legislative: Equality
 Executive: Plural
 Judicial: Not Applicable

23.  Legislature: Bicameral
 Lower chamber (House) based on population
 Upper chamber (Senate) based on equality
 Executive: Single
 Elected by Electoral College; No InitialTerm Limit
 Removable by Legislature (Impeachment)
 Judicial: Supreme Court
 Nominated by Executive
 Confirmed by Legislature (Senate)

24.  How should slaves be counted in
allocating congressional representation?
 Decision: Three-Fifths Compromise

26. Congress:
Legislate
President:
Execute
Judiciary:
Interpret

33. JAMES MADISON PATRICK HENRY

35.  Responding to Anti-Federalist thought that
Constitution will bring tyranny
 Deals with separation of powers through
checks and balances
 “Ambition must be made to counteract
ambition”