Founding Fathers' Fierce Debates: Constitution's Terms

The US Constitution was shaped by several major debates and compromises. In 1787, 55 delegates gathered in Philadelphia to revise the Articles of Confederation, the nation's first constitution. The Constitutional Convention addressed issues of representation in Congress, slavery, the powers of the president, the executive branch, and the slave trade. The Three-Fifths Compromise, which counted enslaved people towards congressional representation, and the Great Compromise, which established the House of Representatives and the Senate, were pivotal in shaping the Constitution. The delegates' debates and compromises produced the US Constitution, which has governed the country effectively for over 200 years.

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The Great Compromise

The Constitutional Convention of 1787 was pivotal in outlining the structure of the new American government. The Great Compromise was one of the three key compromises, along with the Three-Fifths Compromise and compromises on commerce and the slave trade, that shaped the legislative structure and addressed contentious issues of representation and trade.

The compromise proposed by Connecticut delegates Roger Sherman and Oliver Ellsworth retained the bicameral legislature, with proportional representation of the states in the lower house or House of Representatives, and equal representation in the upper house or Senate, with each state having two members. This plan pleased delegates from both the large and small states and became the basis for the Great Compromise.

The Three-Fifths Compromise

The Southern states with a high number of slaves wanted their entire population to be considered when determining the number of Representatives they could elect to Congress. In contrast, the Free States wanted to exclude slaves from the population count in slave states since those slaves had no voting rights. The Three-Fifths Compromise was proposed by delegate James Wilson and seconded by Charles Pinckney, and it counted three-fifths of each state's slave population toward that state's total population for the purpose of apportioning the House of Representatives. This effectively gave the Southern states more power in the House relative to the Northern states.

In 1868, Section 2 of the Fourteenth Amendment superseded this clause and explicitly repealed the Three-Fifths Compromise.

Commerce and the slave trade

The Commerce Clause and the slave trade were central issues in the debates surrounding the creation of the US Constitution. The Southern states' economies depended heavily on agricultural products produced by slaves. To protect their economic interests, the Southern states proposed two measures. Firstly, they wanted to ban Congress from taxing exports, thereby protecting their agricultural exports. Secondly, they wanted to prevent Congress from prohibiting the importation of slaves.

The Three-Fifths Compromise was a key aspect of these debates. This compromise stated that three-fifths (60%) of enslaved people in each state would count towards congressional representation. This significantly increased the number of congressional seats in several Southern states. The delegates also debated whether the new federal government could ban the importation of enslaved people from outside the US, including directly from Africa. They agreed to allow Congress to do so after a 20-year period. This was one of the few clauses in the Constitution that could not be amended, and it wasn't until 1808 that the US formally prohibited the international slave trade.

The delegates at the Constitutional Convention grappled with the tension between representation in Congress and the slave trade. Large states favoured representation by population, while small states argued for equal representation by state. The Great Compromise resolved this issue by establishing the House of Representatives, apportioned by population, and the Senate, which provided equal representation for each state.

The debates over the slave trade and commerce reflected the divergent interests among the states and resulted in key compromises that shaped the legislative structure and left enduring impacts on American government and society.

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Federal vs state powers

Federalism, or the division of powers between national and regional governments, is a key feature of the US Constitution. The Constitution established a federalist system with a more balanced distribution of powers between the states and the federal government. However, the specific allocation of powers and the extent of state versus federal power has been a constant debate in US history.

The Articles of Confederation, the nation's first constitution, granted significant power to the states and very little to Congress, leading to an ineffective national government and conflicts among states. The Constitutional Convention of 1787 aimed to address these issues and produced the US Constitution, which established a more balanced federalist system.

The Tenth Amendment, part of the Bill of Rights, was added to the Constitution in 1791 to protect state power. It states that "The powers not delegated to the United States by the Constitution, nor prohibited by it to the states, are reserved to the states respectively, or to the people." This amendment recognizes state governments and their reserved powers. However, the Constitution also established the supremacy of US laws over state laws through the "Supremacy Clause" in Article VI. This clause gives federal laws priority over conflicting state laws, and the Supreme Court has ruled that it allows for federal preemption over state law.

The federal government also holds implied powers that are not explicitly listed in the Constitution but are necessary to carry out its functions. The "Necessary and Proper Clause" in Article 1, Section 8, grants Congress the power to make all laws necessary and proper for executing its powers. The Supreme Court has interpreted this clause as giving the federal government certain implied powers.

The struggle between state and federal powers continues to this day, with ongoing debates in areas such as immigration, healthcare, and marijuana legalization. States have challenged federal immigration policies and mandates in the Affordable Care Act, and some states have legalized marijuana despite it being banned by federal law. These debates reflect the complex nature of federalism in the US and the ongoing negotiation between state and federal powers.

Presidential powers

The powers of the President of the United States have been the subject of much debate throughout the country's history. The Founding Fathers, when drafting the Constitution, were focused on constraining the powers of the President, having themselves fought a revolution against monarchical power. They agreed on a single executive, rather than a plural executive, to avoid the re-institution of a monarchy.

The Constitution designates the President as the commander-in-chief of the armed forces, granting authority to lead the military during wartime. The President can also order and direct troops, though the exact limits of these powers without Congressional authorization are open to debate. The President's role as commander-in-chief has been a subject of debate, with Congress granting the President wide authority at certain times, and attempting to restrict it at others. Alexander Hamilton clarified that the President, while lacking the power to declare war, would have "the direction of war when authorized or begun".

The President also has the power to appoint senior government officials, ambassadors, Supreme Court justices, and justices of the lower federal courts. These appointments, however, require Senate confirmation. The President can also approve or veto legislation. If the President chooses to veto a bill, it is sent back to Congress, which can override the veto. The President also has the power to make treaties, though these require ratification by Congress with a two-thirds majority.

The President's role has changed over time, particularly as the government has begun to regulate a more complex economy. The growing number of administrative agencies, such as the Federal Communications Commission and the Environmental Protection Agency, are all, to varying degrees, under the President's control. The President's power has also increased during times of crisis, where they often find ways to increase their authority, whether constitutional or not.

Political scientists have developed theories to describe the use and control of unilateral power, though these have not been clearly substantiated by empirical evidence. Some theories emphasize the importance of institutional constraints and the separation of powers.

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