Compromise: The Constitution's Founding Spirit

The US Constitution is sometimes referred to as a bundle of compromises or a miracle of compromise because it was the result of intense debates and negotiations between delegates with unique perspectives and interests. The delegates' willingness to engage in good-faith negotiations and their capacity for critical self-reflection were crucial in reaching a consensus. The Constitution addressed the weaknesses of the Articles of Confederation and provided a resilient structure designed to govern a diverse and expansive republic. One of the most significant compromises was the Great Compromise, also known as the Connecticut Compromise, which resolved the issue of state representation by combining the Virginia Plan and the New Jersey Plan. Another critical compromise was the creation of the Electoral College, which addressed the complex issue of selecting a president. The Three-Fifths Compromise, while pragmatic, enshrined the dehumanization of enslaved individuals into the Constitution, counting them as three-fifths of a person for representation purposes.

Explore related products

The Taming of Free Speech: America’s Civil Liberties Compromise

$53 $53

Constitutional Convention of 1787, The: A Reference Guide (Guides to Historic Events in America)

$15.23 $29.95

U.S. Constitution: a QuickStudy Laminated Reference Guide

$6.46

Justice Robert H. Jackson's Unpublished Opinion in Brown v. Board: Conflict, Compromise, and Constitutional Interpretation

$49.99 $54.99

The Summer of 1787: The Men Who Invented the Constitution (The Simon & Schuster America Collection)

$11.29 $19.99

Noble Undertaking: Volume 1: The Continental Congress and the American Revolution, 1774–78

$12.1 $39.95

The Great Compromise

The delegates to the Constitutional Convention in Philadelphia established equal representation in the Senate and proportional representation in the House of Representatives. This unique plan for congressional representation resolved the most controversial aspect of the drafting of the Constitution. The states were heavily divided over the representation in each branch of Congress. The Virginia Plan, drafted by James Madison and introduced by Edmund Randolph, proposed the creation of a bicameral national legislature, or a legislature consisting of two houses, in which the "rights of suffrage" in both houses would be proportional to the size of the state. Delegates from small states objected to this idea, arguing that each state should have an equal say in the central government.

To resolve these concerns, the Convention delegates approved forming a compromise committee to devise a plan that would work for all the states. The committee proposed a plan that became known as the Great Compromise. Roger Sherman and other delegates from Connecticut repeatedly advanced a legislative structure early in the Convention debates that eventually became the basis for the Great Compromise. The report recommended that in the upper house (the Senate), each state should have an equal vote, and in the lower house (the House of Representatives), each state should have one representative for every 40,000 inhabitants, counting three-fifths of each state's enslaved population toward that state's total population.

The Three-Fifths Compromise

The compromise counted three-fifths of each state's slave population toward that state's total population for the purpose of apportioning the House of Representatives, giving the Southern states more power in the House relative to the Northern states. This agreement came to be known as the Three-Fifths Compromise. It dictated that Representatives and direct Taxes be apportioned among the several States included in the Union according to their respective numbers, which shall be determined by adding to the whole number of free persons, including those bound to service for a term of years, and excluding untaxed Native Americans, three-fifths of all other persons. This gave slaveholding states the right to count three-fifths of their enslaved population when allocating representatives to Congress, leading to their perpetual overrepresentation in national politics.

Electoral College

The Electoral College is a process designed by the Founding Fathers to elect the President and Vice President of the United States. It was established as a compromise between two schools of thought: those who wanted the President to be elected by a vote in Congress, and those who wanted a popular vote of qualified citizens.

The Electoral College is comprised of 538 electors, with each state allocated electors equal to the number of its representatives and senators (two from each state, plus its number of delegates in the House of Representatives). A majority of 270 votes is required to elect the President. The process of the Electoral College involves selecting the electors, the meeting of the electors where they vote for President and Vice President, and the counting of the electoral votes by Congress.

The Electoral College was created during the Constitutional Convention in 1787, as a solution to a heated dispute between states with larger populations wanting congressional representation based on population, and smaller states demanding equal representation. The Founding Fathers proposed the Great Compromise, or the Connecticut Compromise, which combined the Virginia (large state) plan and the New Jersey (small state) plan. This resulted in a bicameral Congress, with the House of Representatives allocated according to population and the Senate providing each state with two representatives.

The Electoral College has been criticised as "archaic" and "ambiguous", with many proposals put forward to reform or eliminate it. Despite this, it remains an integral part of the original design of the U.S. Constitution, and any change to the system would require a Constitutional amendment.

Explore related products

The Union As It Is: Constitutional Unionism and Sectional Compromise, 1787-1861

$63.31 $50

Backlash Presidents: From Transformative to Reactionary Leaders in American History (Princeton Studies in American Politics)

$29.95 $29.95

The Original Compromise: What the Constitution's Framers Were Really Thinking

$18.89 $47.99

A Fire Bell in the Past: The Missouri Crisis at 200, Volume I, Western Slavery, National Impasse (Studies in Constitutional Democracy Book 1)

$42.75 $45

The Constitutional Convention Of 1787: The Drafting Of The U.S. Constitution

$9.99

A Hell of a Storm: The Battle for Kansas, the End of Compromise, and the Coming of the Civil War

$17.65 $32

State Sovereignty

The US Constitution was born out of a series of compromises, balancing diverse and conflicting interests to form a cohesive national government. One of the most critical issues addressed during the Constitutional Convention was state sovereignty, which refers to the power and autonomy of individual states within the union. Delegates from smaller states, in particular, were concerned about preserving their sovereignty and ensuring equal representation during the debates.

The "Great Compromise", also known as the "Connecticut Compromise", was a pivotal agreement that addressed the issue of state sovereignty. It established equal representation in the Senate and proportional representation in the House of Representatives. This compromise resolved the conflicting interests of small and large states, ensuring that both felt fairly represented in the central government. The small states valued their sovereignty and wanted to maintain the equal vote they had under the Articles of Confederation, while the larger states argued for proportional representation, reflecting their greater contribution of resources to the nation.

The "New Jersey Plan", proposed by William Paterson, was another proposal aimed at preserving state sovereignty. It sought to boost the existing framework of the Articles of Confederation, granting Congress essential fiscal and administrative powers while maintaining state sovereignty. However, this plan was rejected, as the convention moved towards creating a new government with stronger central powers. The "Virginia Plan", on the other hand, proposed by James Madison, sought a bicameral legislature with broad powers over the states and direct representation of the people.

The issue of state sovereignty was further complicated by the controversial topic of slavery. Some delegates from southern states, where slavery was prevalent, vehemently opposed any limitations on slavery, threatening to leave the convention if such measures were imposed. As a result, the issue of slavery was treated as a political question rather than a moral one, and the final Constitution actually strengthened the power of slave states in certain respects.

The delegates' ability to negotiate and find common ground resulted in a Constitution that balanced state sovereignty with the need for a cohesive national government. This spirit of compromise and dedication to unity laid the groundwork for a resilient and enduring nation, capable of adapting to future challenges and amendments.

Bicameral Legislature

The U.S. Constitution, produced after the Constitutional Convention in Philadelphia in 1787, is sometimes called a "bundle of compromises" because delegates had to make several concessions on key points to create a government charter acceptable to each of the 13 states. One of the most important compromises concerned the structure of the legislature.

During the Constitutional Convention, two plans emerged to deal with state representation. The Virginia Plan, drafted by James Madison, proposed a bicameral national legislature, or a legislature consisting of two houses, in which representation in both houses would be proportional to the size of the state. The New Jersey Plan, proposed by William Paterson, suggested a unicameral (one-house) legislature in which each state had a single vote.

Delegates from smaller states objected to the Virginia Plan, arguing that it would give larger states too much power. They continued to protest proportional representation in the Senate, threatening to unravel the proceedings. A compromise was eventually reached, known as the Connecticut Compromise or the Great Compromise, which combined elements of both plans.

The Connecticut Compromise established a bicameral legislature, consisting of the House of Representatives and the Senate. The House of Representatives, or the lower house, would have different numbers of representatives from each state determined by population. The Senate, or the upper house, would include two representatives from each state, regardless of size. This compromise balanced state sovereignty and popular sovereignty tied to actual population, reflecting a victory for small states while also giving larger states a greater say in the central government.

The establishment of a bicameral legislature created a powerful Congress in the United States, providing an additional layer of checks and balances. The lawmaking process can begin in either the House or the Senate, and a bill must pass through both chambers in identical form to become a law. This process helps to ensure that the interests of both smaller and larger states are considered and that no single state or group of states dominates the legislative process.

Frequently asked questions