Free essay on structural differences

Writing assignment

The Virginia and New Jersey are similar in terms of the number of branches of government. Both plans propose three branches namely: the Legislature, the Executive, and the Judiciary. In both plans, the Legislature is supreme, though the extent differs. The plans however differ in terms of the number of houses. The Virginia plan proposes two houses, whereas the New Jersey plan favours one house. In relation to the membership to the houses, the Virginia plan proposes that members of the first house should be elected by citizens in the respective states, and serve for three years.
Members of the second house are to be selected by individual legislatures, and are to serve for a term of seven years. The New Jersey plan proposes that members of the congress should be selected by the States, specifically the national legislature, and serves for a period of one year or for a shorter period if their State so wishes.

Congressional representation

The Virginia plan proposes a manner of representation slightly different from the rule in the Articles of Confederation. It proposes that representation in congress should be through an equitable ratio or representation, that is, in ratio to the total number of white and free citizens. The New Jersey plan adopts the rule in the Articles of Confederation, with each State entitled to be represented by at least two and not more than seven delegates. In terms of voting by states, both plans propose the same rule, that every State is entitled to one vote.

Congressional power

The Virginia plan proposes that congress ought to have legislative rights compared to those bestowed upon the congress by the confederation. Such power is to be exercised to legislate on matters which the State cannot legislate, or when individual State legislation may jeopardize the harmony of the entire nation. Additionally, the congress can repeal any individual State Act that contravenes the Articles of Confederation or treaties ratified under the authority of the union.
The New Jersey plan also vests the powers of the Confederation Congress to its model congress. Additionally, it vests more powers such as: raising revenue through legislative acts, through charging duties on goods and stamps and regulation of commerce and trade, both inside and outside the Country. The congress however does not have power to punish any contravention of the acts they pass, with such power vested only on the Judiciary. The plan also proposes that congress be vested with authority to make requisitions whenever necessary.

Executive branch

The Executive branch as constituted under the plans slightly differs. Under the Virginia plan, the National Executive consists of one person, chosen by the Legislature to serve for seven years, and ineligible for a second time. The person may be removed from office on impeachment and conviction of unprofessional conduct or neglect of duty. The person is to get a fixed remuneration, charged to the national treasury. The person has power to oversee execution of national laws, and make appointments to offices not provided for.
Under the New Jersey plan, the Executive consists of several persons whose term is not specified, but are ineligible for a second term. The persons receive a fixed salary charged to the federal treasury, and cannot be revised while they are in office. The persons are prohibited from holding any other office during their tenure, and several years after. The persons are removable from office by congress, upon application by a majority of the State Executives. The Executives oversee implementation of laws, appointment to offices not provided for, and generally direct military operations.

Judicial branch

The Judiciary under the Virginia plan consists of one supreme tribunal, and inferior tribunals appointed by the Legislature. Judges to the supreme tribunal are appointed by the second branch of the Legislature, and stay in office during good behavior. The judges are paid a fixed amount, which cannot be revised while they are in office. Under the New Jersey plan, the federal judiciary is composed of a supreme tribunal. Judges are appointed by the Executive, and similarly hold office during good behavior. The terms of remuneration are similar to those in the Virginia plan. Judges are prohibited from holding any other office during their tenure, and several years after.
Of the two plans, the New Jersey plan confers more powers to the new federal government. Not only does it donate all the existing powers under the Articles of Confederation, but also adds other powers. Additionally, it makes all laws passed by the federal government superior to State laws.