Compromises In The Constitution: A Complex Legacy

The Three-Fifths Compromise was an agreement reached during the 1787 United States Constitutional Convention regarding the inclusion of slaves when counting a state's total population. This agreement, also known as the Constitutional Compromise of 1787, was one of many compromises made by the framers of the Constitution, who prioritised maintaining the unity of the new United States over the eradication of slavery. The Three-Fifths 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, increasing the power of Southern states in the House relative to the North. This compromise also impacted the federal tax contribution required by each state and resulted in the addition of a provision to the Constitution permitting the recapture of fugitive slaves.

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The Great Compromise

The issue of representation was a significant point of contention during the Constitutional Convention, with the small states threatening to derail the proceedings if their demands were not met. The compromise was a creative solution that helped to bridge the gap between the diverse interests and perspectives presented at the Convention.

The Three-Fifths Compromise

The compromise, as the name suggests, was to count every five enslaved people as three individuals for the purposes of determining congressional representation and taxation. This greatly increased the number of congressional seats in several states, particularly in the South, effectively giving the Southern states more power in the House of Representatives relative to the North. The Three-Fifths Compromise is part of Article 1, Section 2, Clause 3 of the United States Constitution.

The Electoral College Compromise

The United States Constitution is often referred to as a "bundle of compromises". One of the most significant compromises made during the Constitutional Convention was the creation of the Electoral College, which has been the subject of ongoing debate and criticism.

The Electoral College was designed to balance the interests of large and small states. Large states favoured representation by population, while small states argued for equal representation by state. The Electoral College provided a solution by allocating electors based on congressional representation in each state. This ensured that smaller states had a proportionate influence in the election process.

However, the Electoral College has faced criticism over the years. Some argue that it violates the principle of one person, one vote by giving smaller states disproportionate power. Additionally, there have been multiple instances in American history where the winner of the popular vote did not win the presidency due to the Electoral College system.

Despite the criticisms, the Electoral College remains in use in the United States today. It is a key example of the compromises made during the Constitutional Convention to reconcile diverse interests and viewpoints, and it continues to shape the country's political landscape.

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The Commerce Compromise

The delegates at the Constitutional Convention also disagreed over representation in Congress. The larger states favoured representation by population, while the smaller states argued for equal representation by state. This disagreement was resolved through the ""Great Compromise", which established a bicameral legislature with proportional representation in the House of Representatives and equal representation in the Senate.

The issue of slavery ultimately led to the Civil War 74 years after the Constitutional Convention, but the Commerce Compromise was a temporary resolution that allowed the delegates to move forward in the creation of the United States Constitution.

The Compromise on the Slave Trade

The issue of slavery and the slave trade was a contentious topic during the Constitutional Convention, with delegates from Northern and Southern states holding opposing views. The Southern states, where slavery was pivotal to the economy, argued that enslaved individuals should be counted towards representation, while the Northern states, where the economy did not rely heavily on slavery, disagreed. This disagreement led to the Three-Fifths Compromise, where every five enslaved people were counted as three individuals for representation purposes.

Another compromise related to the slave trade was the Slave Trade Clause, also known as the Commerce Compromise. This clause prohibited the federal government from banning the importation of "persons," which at the time referred primarily to enslaved African persons, for twenty years after the Constitution took effect. The delegates initially considered permitting Congress to regulate the slave trade after the year 1800, but this was amended to 1808 due to concerns that twenty years would be too long and would bring dishonor to the American character. This compromise was reflected in Article 1, Section 9 of the Constitution, which stated that "the migration or importation of such persons as the several states now existing shall think proper to admit, shall not be prohibited by the legislature prior to the year 1808."

The delegates also debated whether to tax the importation of enslaved Africans. Some delegates, like Sherman and Madison, opposed this idea as it amounted to acknowledging humans as property. However, others argued that taxation could be used to discourage the slave trade. Ultimately, the compromise allowed for the taxation of enslaved Africans as property.

The compromises on the slave trade were essential to the ratification of the Constitution and the formation of the Union. However, they were ultimately unsustainable, as demonstrated by the Civil War. The issue of slavery remained a volatile topic, and the compromises made during the Constitutional Convention only delayed the inevitable conflict between the North and the South.

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