Isabella Carter
The drafting of the US Constitution in 1787 was marked by significant disagreements and debates among the delegates. These disputes centred around issues such as representation in Congress, the balance of power between federal and state governments, the powers of the president, the Electoral College, the slave trade, and a bill of rights. The delegates' discussions were kept secret, but careful notes taken by James Madison provide insight into the emergence of key disagreements during this formative period in American history.
| Characteristics | Values |
|---|---|
| Representation in Congress | The Virginia Plan proposed representation based on population, while the Jersey Plan suggested equal representation for each state. |
| Power of the national government | Large states wanted representation based on population, while small states wanted equal representation. |
| Slavery | Southern states insisted on banning Congress from taxing exports and interfering with the importation of slaves. |
| Election of the president | Some delegates wanted the president to be popularly elected, while others wanted the Electoral College to elect the president. |
| Bill of Rights | Some delegates proposed including a Bill of Rights, but it was initially defeated. However, it was later added as a compromise with Anti-Federalists. |
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What You'll Learn
State representation
During the drafting of the U.S. Constitution in 1787, key disagreements emerged among the delegates regarding state representation. The delegates debated how states would be represented in the new national legislature. Large states, led by figures such as James Madison and Alexander Hamilton, favoured the Virginia Plan, which proposed representation based on population. This plan suggested a bicameral national legislature, with the "rights of suffrage" in both houses proportional to the size of the state.
On the other hand, smaller states preferred the New Jersey Plan (also known as the Jersey Plan), which called for equal representation for each state regardless of population. Delegates from smaller states objected to the Virginia Plan, arguing that a stronger federal government would encroach upon the rights of states. They believed that a more robust federal government was unnecessary to address national issues effectively.
To resolve this disagreement, the delegates adopted the Great Compromise, also known as the Connecticut Compromise. This compromise established the House of Representatives, which was apportioned by population, and the Senate, which provided equal representation for each state. Each state would have at least one representative in the lower house and two senators in the upper house.
Another contentious issue related to the representation of enslaved people in the Southern states. Delegates from Northern states, where the economy did not rely heavily on slavery, opposed counting enslaved people towards representation. They argued that doing so would provide the South with a greater number of representatives. However, Southern states insisted on including enslaved individuals in their representation calculations to protect their economic interests.
The Three-Fifths Compromise was reached, where every five enslaved people were counted as three individuals for representation purposes. This compromise allowed the South to increase its number of congressional seats significantly, particularly in the House of Representatives, which was based on population.
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Power of the national government
The drafting of the US Constitution in 1787 was marked by key disagreements, including the power of the national government. Some delegates feared that a strong central government would encroach upon the rights of states. In contrast, others believed that a more robust federal government was necessary to address national issues effectively. This debate centred around the question of whether the federal government should be able to overrule state laws.
The delegates compromised by allotting specific responsibilities to the federal government while delegating all other functions to the states. The federal government was given the power to regulate interstate commerce and ban the importation of enslaved people, but it could not tax, enforce the laws it passed, or regulate commerce.
The delegates also debated the powers and mode of election of the chief executive. They agreed upon the Electoral College as the method of selecting the president, but this was a compromise. Some delegates felt that the president should be popularly elected, while others feared that the electorate would not be informed enough to make that decision.
The Connecticut Compromise, also known as the Great Compromise, established a bicameral legislature with the House of Representatives based on population and the Senate having equal representation from each state. This compromise addressed the issue of representation in Congress, balancing the concerns of both small and large states.
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Slavery
The issue of slavery was a significant source of division during the drafting of the US Constitution in 1787. While some delegates wanted to abolish slavery, others insisted on its continuation for economic reasons, particularly in the Southern states, where the economy depended heavily on agricultural products produced by slaves. This disagreement influenced how slaves would be counted for representation in Congress, with the Three-Fifths Compromise being adopted, which counted three-fifths of a state's slave population for representation purposes, giving the South extra representation in the House of Representatives and the Electoral College.
The word "slave" was notably absent from the Constitution, with the document referring instead to the Importation of Persons Clause and the Three-Fifths Clause. This avoidance of the term "slavery" has been interpreted as an attempt to sidestep the issue, with the framers recognising that explicitly mentioning slavery would sully the document. However, by not directly addressing it, they laid the foundation for future conflict, as slavery was a crack in the foundation of the nation that would eventually lead to the Civil War.
The delegates who opposed slavery realised that pressing for its abolition would prevent the states from uniting. Thus, they compromised with the Southern states, agreeing that Congress could not tax exports and that no law could be passed to ban the slave trade until 1808. Additionally, they approved a fugitive slave clause, requiring that any person who escaped slavery in one state and fled to another would be returned to their owner.
The debates over slavery during the drafting of the Constitution reflected the tension between the practice of slavery and the ideals of liberty and equality espoused in the Declaration of Independence. While some of the Founding Fathers acknowledged the immorality of slavery, they were not active enough in abolishing it, and their compromises ultimately strengthened the institution of slavery in the short term.
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Powers of the president
The drafting of the U.S. Constitution in 1787 was marked by significant disagreements among the delegates, including the powers of the president. One of the key debates during the Constitutional Convention centred on the powers of the president and how the president should be elected.
Firstly, there was a disagreement over how the president should be elected. Some delegates felt that the president should be popularly elected, while others feared that the electorate was not informed enough to make that decision. Some alternatives proposed included electing the president through each state's Senate. Ultimately, the delegates compromised and created the Electoral College, which is comprised of electors roughly proportional to the population. Citizens would vote for electors bound to a particular candidate, who would then vote for the president.
Secondly, there were debates over the powers of the president. The delegates agreed on giving the president the power to veto laws, but only if his veto was subject to an override by a two-thirds majority in both houses of the legislature. They also agreed on the need for a separate executive independent of the legislature. The president would have "a general authority to execute the national laws". Working with a committee of judges, the president would be able to review and veto laws passed by Congress.
The delegates also decided on a four-year term for the president, with no limit on how many times the president could be re-elected.
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How to elect the president
The drafting of the U.S. Constitution in 1787 was marked by significant disagreements among the delegates. One of the key points of contention was how to elect the president. The Articles of Confederation, which governed the United States from 1781 to 1787, did not provide for a chief executive. So, when the delegates decided that a president was necessary, a disagreement arose over how he should be elected.
Some delegates felt that the president should be popularly elected, directly by the people. They advocated for a shorter term with no term limits. On the other hand, others feared that the general electorate would not be informed enough to make that decision. This faction preferred the president to be elected by Congress for a long term, but with ineligibility for re-election. They were concerned about the potential for tyranny and the reinstitution of a monarchy.
A compromise was eventually reached, and the delegates agreed to establish the Electoral College. Each state would have a number of electors roughly proportional to its population. Citizens would vote for these electors, who would then vote for the president. This system aimed to balance the representation of the states while also ensuring that the president had a mandate from the people.
The delegates also debated the term length for the president, and it was decided that the president would serve a four-year term with no limit on how many times they could be re-elected. This decision reflected a desire to strike a balance between stability and accountability, allowing for the possibility of re-election while also providing a mechanism for change through periodic elections.
The Twelfth Amendment, ratified on June 15, 1804, further refined the process of electing the president and vice president. It outlined that the candidate with the majority of electoral votes would become the president, and the candidate with the second-highest number would become the vice president. This approach was rooted in the concept of the "best man," where the most qualified candidates would emerge as the winners.
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Frequently asked questions
The drafting of the US Constitution saw several key disagreements, including representation in Congress, the balance of power between federal and state governments, and the issue of slavery.
There were disagreements over how states would be represented in the new national legislature. Large states favoured the Virginia Plan, which proposed representation based on population, while smaller states preferred the Jersey Plan, which suggested equal representation for every state.
The Southern states, whose economies depended on agriculture produced by slaves, wanted to protect their economic interests. They proposed banning Congress from taxing exports and forbidding them from banning the importation of slaves. The issue of how to count enslaved people in terms of representation was also a point of contention.
The delegates compromised on several issues, including the Great Compromise or Connecticut Compromise, which combined the Virginia and Jersey Plans, resulting in a bicameral legislature with the Senate providing equal representation for each state and the House of Representatives based on population. The Three-Fifths Compromise addressed the issue of counting enslaved people for representation, with three-fifths of enslaved people in each state counting toward congressional representation. The Constitution also established checks and balances to prevent any branch of government from becoming too powerful.
