Jonah Patel
The United States Constitution is often referred to as a bundle of compromises, as delegates representing different interests and views had to give ground on several key issues to create a government charter acceptable to all 13 states. The Constitutional Convention of 1787 was assembled in Philadelphia to revise the Articles of Confederation, but by mid-June, the delegates decided to create an entirely new constitutional document. The delegates disagreed on several fundamental questions, including the apportionment of representation in the national legislature, the powers and mode of election of the chief executive, and the status of slavery.
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What You'll Learn
Delegates' differing state authorities
The 55 delegates who attended the 1787 Convention had differing state authorities and disagreed on fundamental questions. They were representatives of their various states and had been given differing authorities to negotiate. The delegates' commitment to principles of equality was limited, and most of them supported the imposition of property qualifications for voters in their individual states.
The most divisive issues involved the apportionment of representation in the national legislature, the powers and mode of election of the chief executive, and the place of the institution of slavery in the new continental body politic. Delegates from large, populous states such as Virginia and Pennsylvania—supporters of the Virginia Plan—argued that representation in both houses of the proposed new congress should be based on population. On the other hand, those from smaller states like New Jersey and Delaware—supporters of the New Jersey Plan—argued for equal representation for each state.
The delegates also disagreed on the question of the extent to which the federal union ought to be a sovereign government, drawing its authority directly from the people themselves, and with the right to legislate directly and impose its decisions without the cooperation and consent of state governments. They debated whether to elect the president directly or by a group of "electors" chosen by the state legislatures or the people of their individual states.
The delegates also differed on the role of the federal government in relation to the states. James Madison, for instance, believed that a central controlling authority was needed to sustain any union and argued for a federal veto on state law, an invasion of state sovereignty that many at the convention disagreed with.
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Apportionment of representation in national legislature
The 1787 Constitution is considered a document of compromise, addressing several concerns in the process of designing the new Congress. One of the most divisive issues was the apportionment of representation in the national legislature, with delegates from large, populous states arguing for representation in both houses of Congress based on population, while those from smaller states pushed for equal representation for each state.
The "Great Compromise", as it came to be known, resulted in a bicameral legislature. The House of Representatives, or the lower house, would have its membership determined by state population, with larger states having more seats. On the other hand, the Senate, or upper house, would have equal representation for each state, with each state having two seats regardless of population. This compromise aimed to address the concerns of both larger and smaller states, ensuring their voices were heard in the new government.
The delegates debated the relationship between representation and taxation, with some arguing that geographic size or usable farmland were better measures of state wealth than population. However, they ultimately settled on proportional contributions based on population, which also influenced the number of members in the House of Representatives. This decision reflected the understanding that larger states, with more people, should contribute more revenue to the national government.
The delegates also grappled with the question of how many representatives each state would be allotted in the first Congress. They formed the "Committee of Eleven", with one member from each state, to tackle this issue. This committee played a crucial role in shaping the apportionment of representation in the early years of the United States government.
The 1787 Constitution also addressed the issue of slavery in relation to representation. Some delegates, particularly from southern states, argued that enslaved Africans should be included in the population count for representation purposes, as they were considered property. This debate reflected the complex dynamics surrounding slavery and its impact on representation in the legislature.
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Powers and election of the chief executive
The United States Constitution of 1787 is a document of compromise, particularly in terms of the powers and election of the chief executive, or the President. The drafters of the Constitution had to reconcile differing views on how powerful the presidency should be, and the requirements a person should meet to be eligible for the office.
One of the key compromises was between those who wanted a strong, independent executive, and those who feared giving too much power to one person, potentially leading to tyranny. The Virginia Plan, which formed the basis of the Constitutional Convention's discussions, proposed a powerful "national executive" who would serve a single term and be elected by the national legislature. This proposal was likely influenced by the unitary executive model outlined in The Federalist Papers, which argued for a strong, independent executive branch led by a single person.
However, this idea was controversial, and the final design of the presidency incorporated several checks and balances to limit the power of the office. For example, the President was given a veto over legislation, but Congress could override this veto with a two-thirds majority vote. The President was also made the commander-in-chief of the armed forces, but only for a limited term, and with the requirement to seek Congressional declaration of war.
The eligibility requirements for the office of President were also a subject of debate and compromise. While it is not surprising that property qualifications were required for holding office at the time, there was still contention. The final compromise set the age requirement at 35, and required the President to be a natural-born citizen, and a resident of the US for at least 14 years. There was also discussion about term limits, with the Virginia Plan initially proposing that the executive be eligible for re-election. However, the final Constitution included a strict limit of two terms for the President.
The process for electing the President was another key area of compromise. The drafters considered various methods, including election by Congress, by state legislatures, or by popular vote. The final solution, as outlined in the Twelfth Amendment, was the Electoral College system. Each state is allocated a number of electors equal to its Congressional representation, and these electors cast their votes for President and Vice President. This system was a compromise between those who favored a popular vote and those who favored Congressional election, ensuring that the President had broad support across the states.
Overall, the powers and election of the chief executive, as outlined in the US Constitution of 1787, were carefully negotiated to strike a balance between various interests and viewpoints. The drafters sought to create a strong, independent executive, while also incorporating checks and balances to prevent the concentration of power. The eligibility, term limits, and election process for the President were all subjects of debate and compromise, resulting in a design that aimed to ensure broad support for the office across the nation.
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The institution of slavery
The United States Constitution, drafted in 1787 and ratified in 1788, addressed the issue of slavery in several ways, despite never explicitly mentioning the word "slavery" or "slave". The institution of slavery was a highly divisive issue during the Constitutional Convention, with delegates holding differing views on the matter. While some members of the convention voiced objections to slavery, others recognised its economic importance, particularly in the southern states.
The Constitution included several clauses that directly or indirectly addressed slavery. The Three-Fifths Clause (Article I, Section 2, Clause 3) counted three-fifths of each state's slave population towards that state's total population for the purpose of apportioning the House of Representatives. This gave southern states with larger slave populations more representation in the House and the Electoral College. The Slave Trade Clause (Article I, Section 9, Paragraph 1) prohibited Congress from banning the importation of slaves until 1808, and the Fugitive Slave Clause (Article IV, Section 2) required states to return fugitive slaves. These provisions ensured that slavery remained a national issue and embedded it deeper into the fabric of American governance.
The omission of explicit references to slavery in the Constitution has been interpreted as a deliberate choice by the framers to avoid conflict and maintain unity among the states. Richard Primus explains that drafting a bill of rights with conflicting views on slavery would have risked conflict and potentially prevented an agreement on the Constitution. The framers' stance towards slavery, therefore, resulted in a compromise that protected the institution while also attempting to limit its influence.
The Constitution's handling of slavery has been a subject of debate and controversy. Some, like abolitionist William Lloyd Garrison, have criticised it as a pro-slavery document, while others argue that it created a central government powerful enough to eventually abolish slavery. Thurgood Marshall, the first African American Supreme Court justice, described the Constitution as "defective from the start," pointing out that the framers left out a majority of Americans when they wrote "We the People." The conflicting views among the delegates and the resulting compromises in the Constitution highlight the complex and contradictory nature of the founding document regarding the institution of slavery.
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Popular election of the president
The Constitution of 1787 was a document of compromise, with the delegates compromising on several issues, including the popular election of the president. The delegates had to grapple with four big issues: the powers of the three branches of government, the mode of electing the president, the place of slavery, and the regulation of commerce.
The issue of how the president should be chosen was a contentious one. James Wilson, who played a key role in the debates, advocated for the direct popular election of the president. However, this idea did not gain favour among the delegates, who believed that it wouldn't work in a nation as large and geographically diverse as the United States. Wilson then proposed a compromise, suggesting that the President be elected by a group of "electors" chosen by the state legislatures or by the people of their individual states. This proposal was also rejected, and the delegates eventually agreed to the Electoral College system, where each state would have a number of electors proportional to its population, and these electors would vote for the President.
The delegates also disagreed on the representation in the legislature, with those from large states arguing for representation based on population, while those from smaller states wanted equal representation for each state. This was resolved through the Great Compromise, which created a bicameral Congress with the House of Representatives allocated according to state population and the Senate with equal representation for each state.
The delegates also grappled with the issue of slavery, with those from southern states concerned about the economic impact of export taxes and the place of slavery in the new nation. The delegates ultimately compromised by enshrining slavery within the Constitution, exacerbating the contradiction between the nation's core values of liberty and equality.
Overall, the Constitution of 1787 was a document of compromise, with the delegates working to balance the interests of large and small states, the powers of the different branches of government, and the economic concerns of the southern states, all while navigating the contentious issue of slavery. The popular election of the president was just one of the many issues where compromise was necessary to reach an agreement.
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Frequently asked questions
The Great Compromise, also known as the Connecticut Compromise, was a compromise between the Virginia Plan and the New Jersey Plan. The Virginia Plan suggested representation based on each state's population, while the New Jersey Plan proposed equal representation for each state. The Great Compromise combined both plans, creating two chambers in Congress: the Senate and the House of Representatives.
The Commerce Compromise allowed tariffs on imports but not on exports, balancing the interests of the North and the South.
James Wilson initially proposed the popular election of the President. However, this idea was not well-received. He then proposed a compromise where the President would be elected by "electors" chosen by either the state legislatures or the people of their individual states. This proposal was also rejected, and the delegates eventually agreed to the version contained in the modern Constitution, modified slightly by the Twelfth Amendment.
The delegates agreed that the slave trade could continue until 1808. They also agreed to count enslaved Africans as three-fifths of a person.
The delegates to the 1787 Convention represented different interests and views, and they had to make compromises on numerous key points to create a government charter acceptable to each of the 13 states. Various sources also indicate that the delegates were tasked with revising the existing government but instead created a completely new one.
