Malcolm Rivera
The framers of the US Constitution left several issues unresolved, including slavery, representation, and the balance of power between the federal government and the states. These issues were intentionally left open-ended to allow for flexibility in future interpretations and to ensure the Constitution could adapt to evolving societal needs. The framers also recognised that the document would have to endure for generations, and certain issues would need to be addressed by future generations. For example, the Three-Fifths Compromise, which determined how slaves were counted for representation and taxation, was only ever intended as a temporary solution. Other issues left unresolved included the method of electing the executive, the lack of a common currency, and the inability of the Confederation government to settle Revolutionary War-era debts.
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What You'll Learn
The balance of power between states and the federal government
The delegates at the Constitutional Convention of 1787 held differing views on the balance of power. Some believed that the federal government should be able to overrule state laws, while others feared that a strong central government would oppress citizens and wanted to maintain state power. This issue was central to the debates, and the framers understood that it would need to be resolved through a system of checks and balances.
The Articles of Confederation, which preceded the Constitution, had established a weak central government. Under this system, states competed economically, issuing their own currencies and even taxing each other's goods. Congress lacked the authority to regulate commerce, protect trade, or conduct foreign policy without the voluntary agreement of the states. This led to a situation where the central government was unable to address economic issues or settle Revolutionary War-era debts.
The framers of the Constitution aimed to address these issues by granting specific responsibilities to the federal government while delegating all other functions to the states. This included the power to ban the importation of enslaved people, although this clause could not be amended for 20 years. The framers also established a bicameral legislature, with the House of Representatives apportioned by population and the Senate representing states equally, to balance representation between large and small states.
However, the framers left the exact balance of power between states and the federal government unresolved, recognising that it was a complex and contentious issue. They intended for this issue to be worked out over time, allowing for flexibility in future interpretations and ensuring the Constitution could adapt to evolving societal needs.
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The issue of slavery
One of the most notable compromises was the Three-Fifths Compromise, which counted three-fifths of a state's slave population towards representation in Congress. This gave Southern states with large slave populations greater representation in the House of Representatives and the Electoral College. This compromise was a concession to Southern delegates, who threatened to refuse to join the Union if slavery was restricted. Many of the framers, including slaveholders, had moral qualms about slavery and recognised its contradiction with America's founding ideals. However, they believed that preserving the Union and creating a strong central government took precedence.
Another contentious issue was the regulation of the slave trade. The delegates debated whether to allow the federal government to ban the importation of enslaved people, with some arguing for federal regulation to suppress slave revolts and others insisting on state-level regulation. Ultimately, they agreed to give Congress the power to ban the international slave trade but only after a period of 20 years. This clause was one of the few in the Constitution that could not be amended, and it was not until 1808 that the United States formally prohibited the international slave trade.
The Fugitive Slave Clause, which implicated the federal government in the active protection of people as property, was also a highly controversial aspect of the Constitution. As new states entered the Union as either slaveholding or free states, the conflict between the two blocs intensified, leading to the tightening of the Fugitive Slave Act for Northern states. The constitutional protections for slavery contributed to the outbreak of the Civil War in 1860, when South Carolina seceded, followed by other Southern states.
It was not until the 13th Amendment was passed and ratified in 1865 that slavery was formally abolished in the United States. This amendment, along with the 14th and 15th Amendments, greatly expanded the civil rights of Americans and provided a final constitutional solution to the issue of slavery. However, the legacy of slavery continued to shape the nation, with Jim Crow laws and other forms of racial discrimination persisting well into the 20th century.
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The method of electing the executive
The Electoral College is a process consisting of the selection of electors, the meeting of the electors where they vote for President and Vice President, and the counting of the electoral votes by Congress. Each candidate running for President has their own group of electors (known as a slate), chosen by the candidate's political party. Electors are appointed by the State Executive of each State, who signs the Certificate of Ascertainment listing the names of all the individuals on the slates for each candidate, the number of votes each individual received, and the names of the State's electors. Electors meet in their respective States and vote by ballot for two people, of whom one at least shall not be an inhabitant of the same State. They then make a list of all the persons voted for, and of the number of votes for each, which is sent to the Seat of the Government of the United States, directed to the President of the Senate. The President of the Senate opens all the certificates, and the votes are counted. The person with the greatest number of votes becomes the President if they have a majority. If there is a tie, the House of Representatives chooses the President by ballot from the five highest on the list.
The Electoral College has always been a topic of debate, and it is not the only method of electing the executive. State enactments also implement the authority to appoint electors, and the Supreme Court has suggested that the role of state courts in applying state constitutions may be constrained by operation of Clause 2.
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States' individual money systems
The Articles of Confederation, the first American constitution, were sent to the 13 states for consideration on November 17, 1777. However, this document did not last long, as it had many limitations. One of the major issues it left unresolved was the states' individual money systems.
During the Confederation era, there was no common currency, and each state had its own money. This made trade between states and with other countries extremely difficult. The states competed against each other economically, issuing their own currencies and even levying taxes on each other's goods when they crossed state lines. This led to a fragmented and inefficient economic system, which hindered America's potential to become an economic powerhouse.
The lack of a unified monetary system also contributed to the economic mess the United States found itself in by 1787. The central government and the states owed huge debts to European countries and investors, but without the power to tax or facilitate viable trade, the country struggled financially.
The delegates at the Constitutional Convention of 1787, including Madison, Hamilton, and Washington, recognized the need for a centralized monetary system. They understood that promoting the free flow of commerce across state lines and nationalizing the economy would be crucial for the country's economic success.
With the adoption of the new Constitution, monetary production was redefined and restricted as a national prerogative. The creation of the United States Mint in Philadelphia was a significant step in this direction. However, the transition to a unified monetary system was not without its challenges, as paper money was widely regarded as fraudulent due to extreme depreciation and lack of redemption during the wartime period.
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States' ability to conduct their own foreign policies
The Articles of Confederation, the first American constitution, was sent to the 13 states for consideration in 1777. It formed a wartime confederation of states, with a very limited central government. The Articles made official some of the procedures used by Congress to conduct business, but many delegates realised the Articles had limitations. One of the issues left unresolved by the Articles of Confederation was the states' ability to conduct their own foreign policies.
Technically, the role of conducting foreign policy fell to the central government, but the Confederation government lacked the power to enforce this. The Confederation lacked domestic and international powers and standing, and so the states were able to act independently in their foreign relations.
The Court has since held that the responsibility for conducting foreign relations rests exclusively with the Federal Government. However, the Court has also ruled that this does not disable individual states from regulating the manner in which their citizens engage in activities outside of their territorial waters. For example, in Skiriotes v. Florida, the Court ruled that Florida could regulate the manner in which its citizens engaged in sponge fishing outside its territorial waters.
The Constitution now prohibits states from entering into any Treaty, Alliance, or Confederation, or granting Letters of Marque and Reprisal. This implies limitations on the power of the states to deal with matters bearing upon international relations.
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