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The Achievement of the Philadelphia Convention
council of revision but to an override by a two-thirds vote of both houses
of Congress. Given broad authority to exercise ‘‘the executive power’’ the
Chief Executive was at the same time held in check by the people through
presidential electors and subject to removal by Congress through the impeachment process. In general, then, Wilson was triumphant in attempting to lay the groundwork for the development of a strong independent
executive, even though he was unsuccessful and virtually alone in advocating direct popular election of the President.
As for the judicial branch, the Virginia Plan suggested only ‘‘that a national judiciary be established’’ consisting of ‘‘one or more supreme tribunals, and of inferior tribunals to be chosen by the national legislature.’’
The Plan further provided that the judges hold their offices ‘‘during good
behavior,’’ that their salaries be immune from legislative manipulation,
and that their jurisdiction be limited to a narrow range of cases. The Plan
thus envisaged a weak judiciary but one that was totally independent of
the executive and partially removed from the influence of the legislature.
The members of the Convention were unanimously agreed that a national judiciary be established, but decided to strike the provision for inferior tribunals on the ground that they were not needed because State
courts could deal with Federal cases at the trial stage. They ultimately decided, at the insistence of Wilson and Madison, that Congress be given the
power to establish inferior courts as the need arose. As finally worked out
in committee, the judicial power was increased well beyond the scope of
the Virginia Plan.
At the apex of the national judiciary they established a Supreme Court
headed by a chief justice. Before any Federal court could exercise the judicial power, however, it would first have to have jurisdiction over the
case, meaning the authority to decide it. Placing primary responsibility
for control of the courts in the hands of the legislature, the Framers gave
Congress full authority not only to establish lower courts but to fix the
size of the Supreme