Representation At The Constitutional Convention: Who Decided?

The Constitutional Convention of 1787 was a meeting of 55 delegates from all states except Rhode Island, held in Philadelphia, Pennsylvania. The delegates debated what would be included in the Constitution, including the nature of the American presidency, the powers of Congress, and the issue of representation. The large states felt they should have more representation in Congress, while small states wanted equal representation. The delegates also debated whether states' enslaved populations should increase their representation, with the Southern states strongly in favour. The final document was a compromise, with a bicameral legislative branch giving equal representation to each state in the Senate and representation based on population in the House of Representatives.

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The 'Great Compromise'

The Constitutional Convention of 1787 was a meeting of delegates from all states except Rhode Island, held in Philadelphia, Pennsylvania. The delegates debated what would be included in the Constitution, including the nature of the American presidency, and the issue of political representation.

The delegates debated for months, with large states feeling they should have more representation in Congress, and small states wanting equal representation. This was a major sticking point, with the former arguing that their larger populations deserved more of a voice, and the latter fearing they would be ignored if representation was based on population size.

The "Great Compromise", also known as the Connecticut Compromise, was proposed by Roger Sherman, a delegate from Connecticut. He suggested a bicameral legislative branch, which would give equal representation to each state in the Senate, and representation based on population in the House of Representatives. This proposal was accepted, with the delegates recognising that a major flaw with the Articles of Confederation was that any constitutional amendment required unanimous approval of the states.

The Great Compromise was a significant moment in the Constitutional Convention, addressing the contentious issue of political representation and helping to shape the structure of the American government. The delegates' commitment to principles of equality, as articulated in the Declaration of Independence, was limited, and the issue of slavery was a significant point of contention. The Three-Fifths Compromise, which counted slaves as three-fifths of a person for representation in the House of Representatives, was another compromise reached during the convention.

The Three-Fifths Compromise

The delegates from the small and large states were divided on the issue of the apportionment of legislative representation. The Virginia, or large state, plan provided for a bicameral legislature with representation of each state based on its population or wealth. The New Jersey, or small state, plan proposed equal representation for each state in Congress. Neither the large nor the small states would yield, but the deadlock was resolved by the Connecticut, or Great, Compromise, which resulted in the establishment of a bicameral legislature with proportional representation in the lower house and equal representation of the states in the Senate.

Slaveholding states wanted their entire population to be counted to determine the number of Representatives those states could elect and send to Congress. Free states wanted to exclude the counting of slave populations in slave states, since those slaves had no voting rights. A compromise was struck to resolve this impasse. 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, effectively 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: "Representatives and direct Taxes shall be apportioned among the several States which may be included within this 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 Indians not taxed, three-fifths of all other Persons".

The role of slavery

The issue of slavery was central to the debates over commerce and representation at the Constitutional Convention. Delegates from the North and South were divided on the subject, with Southern states relying on exports of goods and raw materials and fearing that the North would take unfair advantage. Delegates from the Southern states also strongly favoured the idea that their enslaved populations should increase their representation in Congress.

The "Three-Fifths Compromise" was a result of these debates, stating that three-fifths (60%) of enslaved people in each state would count toward congressional representation. This greatly increased the number of congressional seats in several Southern states. Delegates also debated whether to allow the new federal government to ban the importation of enslaved people from outside of the United States, including directly from Africa. They ultimately agreed to allow Congress to ban it, but only after 20 years had passed. In 1808, the United States formally prohibited the international slave trade.

The delegates' commitment to principles of equality was limited, and this was most obvious during the debates relating to slavery. In 1787, slavery in America was in decline, but it remained a significant part of the social and economic fabric in five of the states represented in the Convention. In their quest for a "compromise", the delegates exacerbated the existing contradiction in their nation regarding the core values of liberty and equality on which America had declared its independence, ultimately enshrining the institution of slavery within their new Constitution.

The delegates also discussed the role of wealth in determining representation, with enslaved Africans considered as property and without legal rights or citizenship. Nathaniel Gorham of Massachusetts liked that the proposal enabled the current thirteen states to restrict the representation that new states could have in the future. He also approved of letting future congresses determine how many representatives the first house would have. Delegates from the Southern states argued that the Constitution would not be supported by the South if enslaved Africans did not count toward how many representatives each state received.

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Bicameral legislature

The United States Capitol in Washington, D.C., is the meeting place of the country's bicameral legislature. A bicameral system is a system of government in which the legislature comprises two houses. The modern bicameral system dates back to the beginnings of constitutional government in 17th-century England and later in the 18th century on the continent of Europe and in the United States. The English Parliament became bicameral in recognition of the distinction between the nobility and clergy and the common people.

The Founding Fathers of the United States also favoured a bicameral legislature. The idea was to have the Senate be wealthier and wiser. Senators would be more knowledgeable and more deliberate—a sort of republican nobility—and a counter to what James Madison saw as the "fickleness and passion" that could absorb the House. Madison's argument led the Framers to grant the Senate prerogatives in foreign policy, an area where steadiness, discretion, and caution were deemed especially important.

The delegates at the Constitutional Convention of 1787 decided that the new national legislature should consist of two branches in order to preserve the identities of the mother country and the colonists. The delegates, or representatives for the states, debated for months over what would be included in the Constitution. Some states were in favour of a strong central government, while other states were opposed. Large states felt that they should have more representation in Congress, while small states wanted equal representation with larger ones.

Roger Sherman, a delegate from Connecticut, proposed a legislature with two parts; states would have equal representation in the Senate, and the population of states would determine representation in the House of Representatives. This proposal became known as the "Great Compromise," or the Connecticut Compromise. The delegates finally agreed to this solution, which created a bicameral legislative branch, giving equal representation to each State in the Senate and representation based on population in the House.

Ratification

The issue of representation was a key topic at the Constitutional Convention, with delegates debating how best to determine representation in the national legislature. The Virginia Plan, supported by James Madison, proposed a bicameral legislature with a House of Delegates and a Senate. The House would be elected by the people and would elect senators who would serve four-year terms. This plan asserted the supremacy of the national government and gave Congress the power to legislate in all cases, even over conflicting state laws.

However, this plan was controversial, and delegates from large states and small states had differing views on representation. Large states felt they deserved more representation due to their larger populations, while small states wanted equal representation to prevent being overshadowed. This debate led to the "Great Compromise", also known as the Connecticut Compromise, proposed by Roger Sherman. This compromise suggested a bicameral legislative branch with equal representation for each state in the Senate and representation based on population in the House of Representatives. This ensured that each state had a voice in the Senate while also giving weight to the larger states' populations.

Another contentious issue was the representation of enslaved populations in determining congressional representation. Southern states, with significant enslaved populations, strongly favoured including them to increase their representation in Congress. This resulted in the "Three-Fifths Compromise", where three-fifths of enslaved people in each state were counted towards representation. This compromise was a concession to the Southern states and significantly impacted congressional seat distribution, particularly in the South.

The final document that emerged from the Constitutional Convention reflected a blend of Madison's "national" constitution and the desired "federal" constitution sought by many delegates. The delegates also recognised the need for a different process to amend the Constitution compared to the unanimous approval required by the Articles of Confederation. They discussed whether state legislatures or specially called state conventions should ratify the Constitution, reflecting differing views on power dynamics.

The absence of a bill of rights was a significant argument against ratification, with anti-Federalists advocating for its inclusion. Ultimately, supporters of the Constitution promised to add a bill of rights, which the First Federal Congress fulfilled, making the "more perfect union" more acceptable to those seeking additional protections of individual rights.

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