Debate, Compromise, And The Constitution's Evolution

The US Constitution is a document that has been shaped by theory, debate, and compromise. The Constitutional Convention, which began in 1787, was a forum for intense debates on issues such as representation in Congress, slavery, and the role of the executive branch. The delegates, who had differing views on these matters, eventually reached a series of compromises, including the Connecticut Compromise, which resolved the issue of representation by population in the House of Representatives and equal representation in the Senate. The Three-Fifths Compromise, which counted enslaved persons as three-fifths of a person for representation and voting power purposes, was another contentious issue. The Constitution also emerged as a response to the perceived weaknesses of the Articles of Confederation, aiming to balance governmental power and protect individual rights and liberties. The delegates' willingness to compromise and address specific needs contributed to the success and longevity of the US Constitution as the nation's governing document.

Explore related products

Constitutional Theory

$32.95 $32.95

Debates in the Federal Convention of 1787: Which Framed the Constitution of the United States of America

$30.54 $45.99

The Anti-Federalist Papers and the Constitutional Convention Debates

$5.99 $8.95

The Debate on the Constitution: Federalist and Anti-Federalist Speeches, Articles, and Letters During the Struggle over Ratification 1787-1788: A Library of America Boxed Set

$77.56 $85

Why Marriage: The History Shaping Today's Debate Over Gay Equality

$15.98 $19.99

The Oldest Constitutional Question: Enumeration and Federal Power

$42.83 $49.95

The Great Compromise: equal representation in the Senate, proportional in the House of Representatives

The Great Compromise, also known as the Connecticut Compromise, was proposed by Roger Sherman and Oliver Ellsworth of Connecticut. It resolved the issue of representation in the Senate and proportional representation in the House of Representatives, which threatened to derail the ratification of the U.S. Constitution. The delegates from larger states believed that their states contributed more to the nation's financial and defensive resources and, therefore, should have greater representation in both houses. On the other hand, small-state delegates demanded that all states be equally represented in both houses.

The Great Compromise proposed a bicameral Congress, consisting of two houses—the House of Representatives and the Senate. The House of Representatives would be based on proportional representation, with each state receiving a number of seats in proportion to its population. This would give more populous states more seats than smaller states. The Senate, on the other hand, would be based on equal representation, with each state, regardless of its population, receiving two senators.

The compromise passed by a single vote, and it is credited with ensuring the adoption of the U.S. Constitution. It reflected a balance of power between the national government and the states, a key principle in the U.S. political system. The Great Compromise also influenced the structure of the Electoral College, which elects the president. The number of electoral votes each state receives is based on its combined number of representatives in the House and Senate, preserving the interests of smaller states.

The Great Compromise, along with other compromises such as the Three-Fifths Compromise, which counted enslaved persons as three-fifths of a person for congressional representation, were essential in shaping the U.S. Constitution. These compromises addressed issues of representation, federalism, and individual liberties, and continue to impact American politics today.

The Three-Fifths Compromise: counting slaves as three-fifths of a person for congressional representation

The Three-Fifths Compromise was an agreement reached during the 1787 United States Constitutional Convention over the inclusion of slaves in a state's total population. This agreement was a compromise between delegates from the Northern and Southern states. The Southern delegates threatened to abandon the convention if enslaved individuals were not counted, while the Northern delegates argued that only voters should be accounted for. The Southern states were reliant on slave-based agriculture and held deeply ingrained racial prejudices, which acted as a barrier to emancipation.

The compromise was that three-fifths of each state's slave population would be counted as part of the state's total population. This would be used to determine the number of seats in the House of Representatives, the number of electoral votes each state would be allocated, and how much money the states would pay in taxes. This gave the Southern states more power in the House relative to the Northern states and meant that slaveholding states were perpetually overrepresented in national politics. This was an issue in the secession of West Virginia from Virginia in 1863.

The Three-Fifths Compromise was part of Article 1, Section 2, Clause 3 of the United States Constitution, also known as the Three-Fifths Clause. Section 2 of the Fourteenth Amendment (1868) later superseded this clause and explicitly repealed the compromise.

Theory, debate, and compromise have influenced the US Constitutional system in several ways. The Constitution emerged from debates about the weaknesses in the Articles of Confederation, acting as a blueprint for limited government. Federalism reflects the distribution of power between national and state governments. The Founders wanted to protect individual liberty and promote public order and safety, so they gave each branch of government robust checks on the other two. They also wanted to safeguard minority rights, so they opted for a limited representative republic as the best form of government.

Federalism: distribution of power between national and state governments

Federalism, a dynamic distribution of power between national and state governments, has been a key feature of American political development. The US Constitution emerged from debates about the weaknesses of the Articles of Confederation, serving as a blueprint for limited government. The delegates at the Constitutional Convention spent a lot of time discussing how to structure Congress and the distribution of power.

The Virginia delegate James Madison proposed that states should get a number of representatives in Congress based on their population. This pitted small states against large ones and raised questions about how much power the national government should hold. The Connecticut (or Great ) Compromise, proposed by Roger Sherman and Oliver Ellsworth, suggested a two-house Congress: a House of Representatives based on proportional representation and a Senate based on equal representation, with each state receiving two senators regardless of population size. The Compromise passed by a single vote, with Madison and Wilson winning the fight over representation in the House but losing the battle over the Senate.

The issue of slavery also played a central role in the debates over commerce and representation. The Three-Fifths Compromise counted three-fifths of enslaved people in each state towards congressional representation, increasing the number of congressional seats in southern states. The delegates also compromised by assigning specific responsibilities to the federal government while delegating other functions to the states.

The Supreme Court's ruling in 1819 confirmed the supremacy of the national government over state governments. The Necessary and Proper Clause of the Constitution allows the federal government to pass laws not expressly listed if they further the express powers of Congress. This dynamic distribution of power between national and state governments has been a hallmark of American political development, balancing governmental power and individual rights.

Explore related products

The American State Constitutional Tradition

$27.77 $39.99

The Debates on the Adoption of the Federal Constitution: Complete 5 Volume Edition

$1.99

Debates and Proceedings of the Constitutional Convention for the Territory of Minnesota, to Form a State Constitution Preparatory to Its Admission Into the Union as a State

$36.95

Constitutional Theory: Arguments and Perspectives

$89 $120

Religion, Law, and Democracy: Selected Writings (Oxford Constitutional Theory)

$33.59 $55

Constitutional Debates, Rhetoric, and Political Philosophy in Spain’s Parliamentary History (Rhetoric, Politics and Society)

$129.99

Individual rights and minority rights: how to protect them

The US Constitution is a product of intense theoretical debates and compromises, with the aim of balancing governmental power and individual rights. The Constitution emerged as a response to the weaknesses of the Articles of Confederation, outlining a limited government. The delegates at the Constitutional Convention debated and compromised on issues such as the structure of Congress, the role of the federal government, and the Electoral College.

One of the key debates centred around representation in Congress, pitting large states against small ones. The "Great Compromise" proposed by Roger Sherman and Oliver Ellsworth resolved this issue, establishing a bicameral Congress with a House of Representatives based on proportional representation and a Senate with equal representation for each state.

The protection of individual liberty and minority rights has been a fundamental concern in the US Constitution. The founders believed that liberty required an effective check on governmental power, including checks and balances between the three branches of government and between the states and the national government. They opted for a limited representative republic to safeguard minority rights, as they distrusted direct democracy, which had historically led to the majority oppressing minorities.

The Constitution aimed to protect individual and minority rights through a system of checks and balances and federalism, which distributes power between the national and state governments. The Supreme Court also plays a role in interpreting the Constitution and ensuring that governmental actions do not infringe on individual rights. For example, the Supreme Court can invoke the Necessary and Proper Clause to justify federal laws that are not explicitly mentioned in the Constitution but are necessary to carry out Congress's express powers.

However, the Constitution also contains compromises that fell short of protecting individual rights, most notably regarding slavery. The "Three-Fifths Compromise" counted enslaved persons as three-fifths of a person for congressional representation, increasing the political power of slaveholding states.

In a democratic context, the protection of minority rights is essential. Democracies recognise that diversity strengthens and enriches society, and they strive to protect the cultural identity, social practices, individual consciences, and religious activities of minorities. Basic human rights that must be protected include freedom of speech and expression, freedom of religion and belief, due process, equal protection under the law, and the freedom to participate fully in public life.

Checks and balances: each branch of government checks the others

The U.S. Constitution divides the government into three branches: the legislative, executive, and judicial. This separation of powers is an important feature of checks and balances, ensuring that no branch becomes too powerful.

The legislative branch makes laws, but the executive branch, led by the President, can veto those laws. The legislative branch also has the power to impeach members of the executive and judicial branches. The judicial branch, including the Supreme Court, can declare laws or presidential actions unconstitutional, but the President can nominate Supreme Court justices, and the Senate can confirm or reject these nominations.

The framers of the Constitution, influenced by the ideas of philosophers and political scientists such as Polybius, Montesquieu, and John Locke, sought to protect individual liberty and promote public order and safety. They believed that liberty depends on each part of the government acting as a check on the others, and that a limited representative republic was the best form of government to safeguard minority rights.

The system of checks and balances also applies to the relationship between the states and the national government. The delegates at the Constitutional Convention compromised by assigning specific responsibilities to the federal government while delegating all other functions to the states. This balance between governmental power and individual rights has been a key feature of American political development.

Frequently asked questions