You Must Be This Old to Govern

field_image
Painting, Close up of "Scene at the Signing of the Constitution of the United St
Question

When writing the Constitution, how were the age requirements chosen for the specific posts? For example, one had to be 25 to become a representative.

Answer

Although at times the 1787 Constitutional Convention became bogged down in details, the delegates generally debated the “big picture” of crafting a new fundamental document for the United States. Given that bias for the larger topics, it is not surprising the delegates did not discuss at any length the age requirement for serving as a member of the House of Representatives, in the Senate, or as the President. What concerned them was not the age of the individual, but the quality of the representation provided to the people by those individual federal representatives.

Randolph and Madison left the specifics of elections and the ages of the members of the legislatures open for the convention to debate.

During the convention, on May 29, 1787, Edmund Randolph of Virginia proposed what is now known as the Virginia Plan, originally drafted by James Madison. The fourth resolution stated: “that the members of the branch of the national Legislature ought to be elected by the people of the several States every           for the term of           ; to be the age of           years at least . . .” Randolph and Madison left the specifics of elections and the ages of the members of the legislatures open for the convention to debate. Several weeks later, on June 22, the conversation in the convention turned to the issue of the election, length of service, and age of eligibility for members of the House. George Mason of Virginia rose and proposed 25 years of age as a qualification for the members of the first branch (House of Representatives). Mason’s motion passed seven states in favor, three opposed, and New York divided. Three days later, the convention took up Randolph’s resolution again, this time addressing the second branch (the Senate), and unanimously agreed to the clause requiring the age of members to be at least 30 years of age.

Since what most concerned the members of the convention were what Mason called “the danger of the majority oppressing the minority, and the mischievous influence of demagogues,” details such as the specific ages required to become representatives and senators did not rise to the level of major debate. Other issues were deemed far more important, such as how to elect the executive and the specific powers of the president, because of the controversial and dangerous nature of the proposed executive. The age requirements for president were included in the final recommendations that were agreed to by the Committee of Eleven (one member from every state). These required that the president be a “natural born citizen” at the time of the Constitution’s adoption, must have lived in the United States at least 14 years, and be no less than 35 years old.

Further evidence that the supporters of the proposed 1787 Constitution considered the issue of ages a detail can be found in the Federalist Papers. What concerned Publius (the pseudonym used by Alexander Hamilton, James Madison, and John Jay) was not the age of the representatives (mentioned only in passing in Federalist 51-54), but the timing and frequency of elections to maintain accountability to the people in the states. Biennial elections allowed representatives to reflect the changing moods of the electorate at home while providing institutional stability in the House.

...it was not the age of the individual that mattered so much as the length of residency in the country and the individual’s level of maturity.

The Federalist Papers also address requirements for office. In Federalist 62, Publius examines the constitutional requirement for becoming a senator. Again, it was not the age of the individual that mattered so much as the length of residency in the country and the individual’s level of maturity. The differing requirements for Senate (vs. House of Representatives), Publius wrote, “is explained by the nature of their senatorial trust; which requiring greater extent of information and stability of character, requires at the same time that the senator should have reached a period of life most likely to supply these advantages.” So too with the proposed presidency; Publius argues in Federalist 67-71 that the older age was needed because of the burden, trust, and perspectives needed in an executive.

Thus, while it would be wrong to say that the members of the Federal Convention assigned the ages haphazardly, it would also be wrong to say that they spent much time debating the virtues of 25, 30, and 35 years old to hold federal elected office. Rather, they followed the patterns already established in the states, and they increased the ages as the importance and burdens of federal office increased.

For more information

Read an article by the United States Senate on the issue.

Bibliography

Berkin, Carol. A Brilliant Solution: Inventing the American Constitution. New York: Harcourt, 2002.

Farrand, Max. The Framing of the Constitution of the United States. New Haven: Yale UP, 1913.

Notes of Debates in the Federal Convention of 1787 Reported by James Madison. New York: W.W. Norton, 1966.

The Federalist. Edited by J. R. Pole. Indianapolis: Hackett Publishing, 2005.

Documents from the Continental Congress and Constitutional Convention

Image
Image, "The. . . Colonies Declared. . . ," William Hamilton, 1783, LoC
Annotation

These 274 sources focus on the work of the Continental Congress and the drafting and ratification of the Constitution, including manuscript annotations. The collection includes extracts of the journals of Congress, resolutions, proclamations, committee reports, and treaties. In addition, there are documents relating to the Constitutional Convention of 1787, extracts of proceedings of state assemblies and conventions relating to the ratification of the Constitution, several essays on the ratification of the Constitution, and early printed versions of the U.S. Constitution and the Declaration of Independence.

There are 253 titles dating from 1774 to 1788 relating to the Constitutional Congress and 21 dating from 1786 to 1789 relating to the Constitutional Convention. Two timelines cover the period 1764 to 1789 and an essay entitled "To Form a More Perfect Union" provides historical context for the documents through an overview of the main events of the era of the Revolution.

iCivics

Image
Screenshot, Cast Your Vote, iCivics
Annotation

iCivics teaches students civics by way of online casual gaming. Don't write the site off because it consists primarily of games. Most of them are actually both entertaining and educational.

Games are divided into sections—Citizen Participation, the Constitution and Bill of Rights, Budgeting, Separation of Powers, the Executive Branch, Legislative Branch, and the Judicial Branch, with one to four games each. Games can also be sorted by overall time needed to play.

Try Cast Your Vote to learn to prioritize issues of importance to you and evaluate political candidates, Immigration Nation to learn reasons why people are and are not allowed into the country, Do I Have a Right? to review your amendments, Branches of Power to emphasize the relationships among the three branches of government, Executive Command to discover the responsibilities of the President, People's Pie to create a national budget, or Counties Work to manage county services. For an in-depth example, take a look at our Tech for Teachers entry on Do I Have a Right?.

Note that games include teacher's guides in the menu below the play area. Select Teachers' Tools, and look under Teacher's Files. Also under Teachers' Tools, you can search by your state name to find any standards directly related to the game in question.

Players can also earn points, and spend them on various causes such as Teens Against Domestic Abuse. The causes with the highest points each three months are awarded a monetary prize. This gives gaming point acquisition a real-life application.

In addition to games, the website offers curriculum units on budgeting, foundations of government, citizenship and participation, persuasive writing, and each of the three branches of government. These packages include lesson plans, appropriate iCivics games, and webquests. Webquests consist of thematic information linked to resources on external websites. You can also search for appropriate content by specific state standards, and/or register to create a class account.

Liberty, Checks and Balances, and the Constitution, Part Two

Description

Idaho State University Political Science Professor David Gray Adler examines what he describes as the great constitutional crisis of the day: the usurpation and abdication of constitutional roles by President and Congress. Building his argument on the concerns of the Framers, Dr. Adler points to the endangerment to liberty posed by the erosion of checks and balances.

Audio and video options are available.

Civil War Peace Offers

field_image
Clement Vallandigham
Question

Someone told me that during the Civil War, one of the American presidents got elected, or someone was elected to a government position when agreeing to remove the Union Army/military from Confederate states or certain territories to get the votes. Is any of this true? Was anyone elected to public office by removing the military from Confederate regions before, during, or after the Civil War?

Answer

Here are three possibilities about what you were told, none of which match precisely what you have described.

Before Fort Sumter

One possibility relates to the actions of Lincoln just after he assumed the presidency in 1861. By late March and early April, several southern states had seceded, but a few closer to the North—Virginia, in particular—had not. Virginia had called a Constitutional Convention to decide its course, but those in favor of remaining in the Union were in control of the convention, and this apparently accorded with public sentiment in Virginia. Nevertheless, the convention did not adjourn, so the outcome was still undecided.

During those weeks, the political and military situation was extremely volatile. The Federal army's forces at Fort Sumter in Charleston Bay and at Fort Pickens outside Pensacola needed to be relieved or reinforced, especially in the face demands from South Carolina and Florida. These two states called for the evacuation of federal soldiers at the forts, an action that would have been widely seen as a de facto recognition of the legality of their secession.

In testimony after the war at a congressional hearing, John Minor Botts and John Baldwin, both pre-war Virginia politicians and delegates to the Virginia convention in Richmond, gave contradictory testimony about Lincoln’s actions. Botts claimed that Lincoln had asked to confer with Baldwin, and that during their talk, Lincoln asked Baldwin to relay to the convention a pledge that, if it would adjourn without voting for secession, he would evacuate the federal forces from Forts Sumter and Pickens. Botts met with Lincoln several days later, he testified, and Lincoln had told him about the offer. This had alarmed Botts, who heard nothing of the offer from Baldwin. Botts claimed that Baldwin, on his own initiative, said nothing about the offer because it could have prevented Virginia’s secession. Baldwin, however, strongly denied that Lincoln had made any offer during their conversation.

if it would adjourn without voting for secession, he would evacuate the federal forces from Forts Sumter and Pickens

Nevertheless, by the time Lincoln met with Botts, he had already dispatched orders to send forces by sea to relieve Forts Sumter and Pickens, an action that South Carolina and Florida resisted by force. After the bombardment of Fort Sumter from Charleston and its fall, sentiment in Virginia and at the convention shifted dramatically, and Virginia seceded.

In the hearing, Botts—who was a Unionist before and throughout the war—said that Lincoln’s offer elevated the president’s reputation as a statesman who was genuinely seeking peace and the preservation of the Union. The Radical Republicans who presided over the hearing, however, were troubled by the idea that Lincoln had made such an offer, because, from their point of view, it would suggest that he had been willing to “offer a bribe to Treason.”

Historian Nelson Lankford points out that Lincoln may have been pursuing more than one course during the first weeks of his presidency, before hostilities erupted. He was criticized in the press for indecision, but in fact he had been working to resolve conflicting advice within his cabinet. His secretary of state, William Seward, in particular, advocated resolving the issue through negotiation, rather than by force.

During the War

Another possibility relates to the presidential election of 1864, when the Democrats nominated General George B. McClellan. The party's platform called for an end to prosecuting the war and a truce with the Confederacy, which would have ended the war by allowing the secession of southern states. McClellan himself did not agree with this and advocated continuing the war. Because the war had not been going well for the North, the Democrats might have won the election, but Union victories close to election day bolstered the Republicans, and Lincoln was re-elected.

The Democrats' "peace plank" had declared the war a failure and promised to end hostilities. Its author was Clement Laird Vallandigham (a photo of him is at the top of the page), an Ohio politician who was arrested, tried, and convicted by a military tribunal the previous year for "disloyal" statements. Instead of serving time in jail, he was exiled south by Lincoln. From there he traveled to Canada and accepted the Ohio democratic nomination for governor in absentia. During his campaign, which he ran from a hotel room in Canada, he pledged, if elected, to withdraw Ohio from the Union unless Lincoln ceased hostilities with the Confederacy.

he pledged, if elected, to withdraw Ohio from the Union unless Lincoln ceased hostilities with the Confederacy

Vallandigham lost the election in a landslide, but continued to be influential in the Democratic Party. If McClellan had won the 1864 presidential election, many Democrats were determined that Vallandigham should serve as secretary of war.

At the End of the War

A third possibility relates to the closing days of the war. Radical Republicans in congress as well as Secretary of War Edwin Stanton became concerned that Lincoln would allow the confederate states back into the Union without punishing them or forcing them to outlaw slavery.

the legislature would be recognized as the de facto government of the state

Their fears seemed well-founded when they learned that Lincoln, during a trip to Richmond after its fall, early in April 1865, consulted with at least one Virginia politician and had informally encouraged him to help reconvene the Virginia legislature, declare the state's loyalty to the Union, and order Virginia's soldiers to lay down their arms. In return, said Lincoln, the legislature would be recognized as the de facto government of the state and it could begin to restore order. Republicans viewed Lincoln's offer as an attempt to usurp the power of Congress and as a "bribe of unconditional forgiveness." The point soon became moot, however, by Lee's surrender of his army at Appomatox. The Virginia Legislature did not reconvene.

Bibliography

John Minor Botts, The Great Rebellion: Its Secret History, Rise, Progress, and Disastrous Failure. New York: Harper & Brothers, 1866.

Nelson D. Lankford, Cry Havoc!: The Crooked Road to Civil War, 1861. New York: Penguin, 2007, pp. 63-71.

Joint Congressional Committee on Reconstruction, Subcommittee on Arkansas, Georgia, Mississippi, and Alabama, February 10 and 15, 1866, Chairman, Senator Jacob M. Howard, Report of the Joint Committee on Reconstruction, at the First Session Thirty-Ninth Congress. Washington: Government Printing Office, 1866, Part 2, pp. 102-109, 114-123.

Edgar Thaddeus Welles, editor, Diary of Gideon Welles, Secretary of the Navy under Lincoln and Johnson, Volume 2. Boston: Houghton Mifflin Company, 1911, pp. 273-274, 279-282.

Image Sources:
"Good-by to Sumter—February 3, 1861," the wives and children of the soldiers quartered at Fort Sumter wave good-bye as they leave, evacuated aboard the steamer Marion bound for New York, Harper's Magazine, February 23, 1861.

Portrait of Clement Vallandigham, Prints and Photographs Division, Library of Congress.

The President and Congress: Constitutional Principles and Practices That Have Shaped Our Understanding of the War Powers

Description

The seminar will explore the separation of powers as it applies to the allocation of responsibility between Congress and the president concerning national security and foreign policy powers. Presidents and legislators have been warring over the question since the earliest days of the republic. The nation's political experience suggests that there are sound arguments to be made on both sides. It also suggests that the issues are unlikely to be finally resolved anytime soon. As participants in this seminar shall see, the debate between President Bush and Congress concerning the war in Iraq is but a modern re-setting of an argument that prompted a spirited exchange on the war powers between James Madison and Alexander Hamilton in 1793. Indeed, it may be argued that there is very little to this debate that was not more or less fully anticipated by those two worthies four years after the Constitution was ratified. Through a series of focused historical readings, the seminar will begin by examining the foundations of the Framers' thought and some of the controversies that exhibit the founding principles at work during the early days of the Republic. Participants will go on from there to examine selected executive-congressional debates as they arose during later military conflicts, especially the Civil War, World War II, the Vietnam War, and the current conflict in the Mideast. The seminar will meet formally for three 90-minute sessions on four days of each week. Each of these sessions will be devoted to a particular set of readings and each of the participants will have a one-on-one session with Professor Uhlmann to discuss the best ways in which the lessons of the seminar might be converted to his or her particular classroom environment. Because the seminar takes place in Washington and devotes a great deal of time to the Founders' thoughts, it would be remiss if it did not take advantage of the knowledge of Pamela Scott, a noted Washington architectural historian, who will share ways in which the art and architecture of Washington reflects the principles of the American regime. The greater part of one day during each week, she will lead specially arranged tours, including Mount Vernon.

Contact name
Patton, Susannah
Contact email
Registration Deadline
Sponsoring Organization
Claremont Graduate University
Phone number
202-965-3335
Target Audience
K-12
Start Date
Cost
Free; $2,000 stipend
Duration
Eleven days
End Date