Eleanor Finch
The representation of the population in a constitution is a critical aspect of governance, and the American Constitution, with its amendments and long-lasting influence, is a prime example of this. The United States Constitution, drafted in 1787, was a significant turning point in the country's history, addressing the shortcomings of the Articles of Confederation, which lacked enforcement powers and the ability to regulate commerce or print money. The Constitutional Convention in Philadelphia brought together delegates with diverse interests and views, and the resulting constitution reflected a series of compromises. One of the most contentious issues was congressional representation—whether it should be based on population or divided equally among the states. The final compromise gave each state one representative for every 30,000 people in the House and two in the Senate, with enslaved Africans counted as three-fifths of a person, a temporary resolution that reflected the complexities of the time.
| Characteristics | Values |
|---|---|
| Basis of representation in Congress | Population or equal representation for each state |
| Virginia Plan | Two houses of Congress, representation in both based on population |
| New Jersey Plan | One house of Congress, one vote per state |
| Connecticut Compromise | Proportional representation for seats in the House of Representatives based on population, equal representation for each state in the Senate |
| Three-Fifths Compromise | Enslaved Africans counted as three-fifths of a person |
| First Continental Congress | Virginia delegates demanded more votes, as their colony contained about 20% of the population of the 13 colonies |
| Articles of Confederation | No enforcement powers, couldn't regulate commerce or print money |
| Constitutional Convention | 38 delegates signed the Constitution, bypassing state legislatures |
| Federalists | Supported a strong central government |
| Anti-Federalists | Opposed the Constitution due to its creation of a powerful central government and lack of a bill of rights |
| Ratification | Required 9 of 13 states to enact the new government |
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What You'll Learn
Should representation be based on population or equal for each state?
The question of how the population should be represented in the new constitution was one of the most troublesome issues at the Constitutional Convention in 1787. The delegates had to decide whether representation in Congress should be based on a state's population or whether each state should be equally represented regardless of its population.
The Virginia Plan, proposed by James Madison, suggested two houses of Congress, with representation in both based on population, favouring the larger states. The New Jersey Plan, on the other hand, proposed by William Paterson, advocated for a single house of Congress with one vote per state.
The delegates ultimately devised a bicameral, or two-house, national legislature as a compromise. This system, known as the Great Compromise, aimed to reconcile the differences between the large and small states. The first house, the House of Representatives, would have proportional representation based on population, while the second house, the Senate, would provide equal representation for each state, with two senators from each state, regardless of its population.
This compromise ensured that both large and small states had a voice in the new government. The House of Representatives guaranteed that states with larger populations would have greater representation, while the Senate ensured that smaller states would not be overshadowed by their larger counterparts. This balance of representation based on population and equal state representation has been a fundamental aspect of the United States government ever since.
The number of citizens per congressional district has increased significantly since the country's founding. Originally, representation was proposed at one representative for every 40,000 people, but this has risen to an average of over 700,000 constituents per representative as of 2018. The maximum number of seats in the House of Representatives has been capped at 435 since the Reapportionment Act of 1929.
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How to count slaves in the census
The issue of how to count slaves in the census was one of the most contentious questions at the Constitutional Convention in Philadelphia in 1787. The delegates knew that the census would determine representation in Congress, but they disagreed on whether representation should be based on a state's population or if each state should be equally represented.
The Virginia Plan, proposed by James Madison and put forth by Edmund Randolph, suggested two houses of Congress, with representation in both based on population, favouring the larger states. On the other hand, the New Jersey Plan, submitted by William Paterson, proposed a single house of Congress with one vote per state, regardless of population.
The delegates ultimately agreed to a compromise known as the Great Compromise, which established a bicameral legislature with two legislative chambers: the House of Representatives and the Senate. The House of Representatives would have proportional representation based on population, while the Senate would provide equal representation for each state.
Regarding the counting of slaves in the census, it is important to note that the federal government conducted a census every ten years between 1790 and 1870 that included a count of enslaved people in each state. In the 1850 census, enslaved individuals were named in Bowie County, Texas, which was exceedingly rare. From 1790 to 1840, only the head of the household was named, and the rest of the household members were categorised by age and race.
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Control of slavery by states or central government
The issue of slavery was a contentious topic during the drafting of the US Constitution in 1787. The delegates at the Constitutional Convention in Philadelphia had to grapple with the question of how slaves would be counted in the census and whether the states or the central government would control the institution. While the abolition of slavery was not on the table, the delegates had to decide on the specifics of how slavery would be managed.
The Southern states were intent on ensuring that the federal government had limited control over slavery within their borders. Some delegates went as far as to threaten to withhold their endorsement of the Constitution's ratification unless slavery was protected. The issue of representation was also a point of contention, with delegates debating whether slaves should be counted for representation in the House of Representatives and for direct taxation purposes. A compromise was reached, and slaves were considered as three-fifths of a person for representation and taxation purposes, as outlined in Article I, Section 2 of the Constitution.
The Slave Importation Clause, included in Article I, Section 9, gave the federal government the authority to regulate, tax, and even ban the importation of slaves after 1808. This provision was supported by many southern states, as it protected the slave trade in the short term while also addressing the concerns of those who wanted to see the slave trade abolished. Additionally, the Tallmadge Amendments and various compromises disturbed many Southerners, as they felt that the federal government was overreaching and infringing on states' rights to legislate on slavery.
The Missouri Compromise of 1820 and the Compromise of 1850 were also important moments in the debate over slavery. The Missouri Compromise addressed the controversy over whether Missouri should be admitted as a slave state, while the Compromise of 1850 abolished the slave trade in the District of Columbia. The balance of power in the Senate was a significant concern for slave-state politicians, as they wanted to maintain a congressional veto over federal policy regarding slavery. As a result, slave states and free states were often admitted in pairs to maintain this balance.
The American Civil War (1861-1865) ultimately disrupted and ended slavery. The Thirteenth Amendment, ratified in 1865, abolished slavery throughout the United States, except as punishment for a crime. This marked the end of the division between slave and free states and brought national control over the legality of slavery.
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How to represent prospective new states
The process of admitting new states is governed by Article IV, Section 3 of the US Constitution, also known as the Admissions Clause. This clause authorises Congress to admit new states into the Union. While the clause does not specify the details of the admission process, it outlines some key requirements and restrictions:
Firstly, it states that no new state shall be formed within the jurisdiction of an existing state without the consent of the legislature of that state and Congress. This means that a new state cannot be created from the territory of another state without their agreement. However, there is ambiguity in the wording of the clause, and some argue that it does not categorically forbid the formation of a new state from an existing state's territory. The drafting history suggests that the framers intended to allow new states to be formed from existing state territory with the consent of the affected state.
Secondly, the Admissions Clause gives Congress the power to make rules and regulations regarding US territories and property. This includes the authority to dispose of and transfer territory, ensuring that the admission of new states does not prejudice any claims of the US or individual states.
The process of admitting new states has varied historically. In some cases, territories became states, while the remaining land was reorganised as a new community. Other states were formed from unorganised federal land, independent nations, or land legally held by existing states. The admission of Texas as a state in 1845 is a notable example, as it was an independent republic before its annexation and admission.
When admitting new states, Congress typically passes an enabling act to structure the process, including determining boundaries and the state constitution. However, this process can encounter obstacles, such as the rejection of the state constitution by voters or Congress or a presidential veto. In some cases, political communities advocating for statehood may be ignored by Congress for years.
To address concerns about equal representation, proposals have been made to amend the Constitution. One radical proposal suggests admitting Washington, D.C.'s neighbourhoods as states, thereby increasing representation in Congress and enabling the ratification of amendments for equal representation in the Senate, equal-sized districts in the House, the replacement of the Electoral College with a popular vote, and a modified amendment process.
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Ratification by nine states
Ratification is a principal's legal confirmation of an act of its agent. In international law, ratification is the process by which a state declares its consent to be bound to a treaty. In the United States, Article Seven of the United States Constitution sets the number of state ratifications necessary for the Constitution to take effect and prescribes the method through which the states may ratify it. Under Article VII, constitutional ratification conventions were held in each of the original thirteen states, with the ratification of nine states required for the Constitution to take effect.
The process of ratification by nine states played a crucial role in the establishment of the United States Constitution. The Confederation Congress, meeting in Annapolis, Maryland, in 1784, proclaimed the ratification of the Treaty of Paris, officially ending the American Revolutionary War. This treaty secured peace between the United States and Great Britain.
The debate surrounding the ratification process centred on the representation of states and the structure of Congress. The Virginia Plan, proposed by James Madison and put forth by Edmund Randolph, suggested two houses of Congress, with representation in both based on population, favouring larger states. On the other hand, the New Jersey Plan, submitted by William Paterson, advocated for a single-house Congress with equal representation for each state.
The requirement for nine states to ratify the Constitution was met when New Hampshire became the ninth state to do so on June 21, 1788. This ensured that the Constitution would take effect. However, the implementation of the new government was delayed until other states, including New York and Virginia, could be persuaded to ratify the document. Rhode Island was the final state to ratify the Constitution under Article VII in 1790.
The ratification process was a complex and contentious issue, with delegates debating the best way to represent the population in the new Constitution. The outcome of these discussions shaped the form of government that would come to define the United States and influence other nations.
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Frequently asked questions
The key issues were how to structure the federal government, whether representation in Congress should be based on a state's population, and whether each state should be equally represented regardless of its population.
The Virginia Plan proposed two houses of Congress, with representation in both based on population, favouring larger states. The New Jersey Plan called for only one house of Congress and representation to be one vote per state. The Connecticut Compromise proposed proportional representation for seats in the House of Representatives based on population, with equal representation for each state in the Senate.
The issue of slave representation was contentious, with Northern and Southern delegates disagreeing on whether slaves should be counted in apportioning representatives in the House of Representatives. A compromise was reached, with slaves counted as three-fifths of a person, and the Southern states convinced that the South and Southwest would grow faster in population.
