The Constitutional Convention's Major Challenge

The Constitutional Convention of 1787 was tasked with revising the Articles of Confederation, which had become inadequate for governing the United States. The major problem to be solved was the balance of power between the state governments and the federal government. The Articles had created a weak central government, giving the Confederation Congress only the power to make rules and request funds from the states, with no enforcement powers, and no authority to regulate commerce or print money. This led to states' disputes over territory, war pensions, taxation, and trade, threatening to tear the young country apart. The delegates at the Constitutional Convention, representing diverse interests and views, crafted compromises to divide power between the state and federal governments, establishing concurrent, delegated, and reserved powers for each.

Explore related products

Notes of Debates in the Federal Convention of 1787

$35 $34.99

The Constitutional Convention: A Narrative History from the Notes of James Madison (Modern Library Classics)

$13.65 $22

Miracle At Philadelphia: The Story of the Constitutional Convention May - September 1787

$10.55 $19.99

The Anti-Federalist Papers and the Constitutional Convention Debates (Signet Classics)

$8.32 $8.95

The Summer of 1787: The Men Who Invented the Constitution (The Simon & Schuster America Collection)

$11.29 $19.99

Madison’s Hand: Revising the Constitutional Convention

$26 $26

The power struggle between state and federal governments

Many delegates at the convention believed that the new constitution should give more power to the federal government, allowing it to overrule state laws. They wanted to ensure that the federal government had the authority to effectively govern and address the nation's challenges. However, others feared that a strong central government would oppress citizens and take power away from the states. This concern was particularly prominent among Anti-Federalists, who had just overthrown a powerful central government and were wary of centralized power.

The delegates crafted compromises to address this power struggle. The Constitution divided power between the state and federal governments through reserved powers, delegated powers, and concurrent powers. Certain powers were specifically given to either state or federal governments, while some powers were shared. Additionally, the Supremacy Clause established the US Constitution as the supreme law of the land.

Another significant aspect of the power struggle was the debate over representation in Congress. Large states favoured representation based on 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 delegates also grappled with the issue of slavery, which was central to debates over commerce and representation. The "Three-Fifths Compromise" counted three-fifths of enslaved people in each state towards congressional representation, increasing the number of seats for southern states. Additionally, a clause was included allowing Congress to ban the importation of enslaved people after 20 years, though it was one of the only clauses that could not be amended.

Congress' inability to raise funds

The inability of Congress to raise funds was a pressing issue that needed to be addressed during the Constitutional formation. This problem stemmed from the Articles of Confederation, which gave the Confederation Congress the authority to request funds from the states but lacked enforcement powers. As a result, the states often disregarded Congress's proposals for generating revenue to repay the national debt.

The consequences of this inability to raise funds were dire. By June 1786, the Board of Treasury warned of impending bankruptcy and the potential dissolution of the Union if the states did not adopt the measures recommended by Congress in 1783. This highlighted the urgent need for a stronger central government with the power to enforce its requests for funds.

The delegates to the Constitutional Convention recognized the shortcomings of the Articles of Confederation and sought to address them. They established a federal government with more explicit powers, particularly in the realm of foreign relations. The new Constitution empowered an executive branch to handle routine matters, freeing up the Senate to focus on critical issues such as treaty ratification.

However, the delegates also understood the dangers of centralized authority. To prevent the concentration of power, they created a system of checks and balances by dividing federal authority among the legislative, judicial, and executive branches. This ensured that no single branch held excessive power and provided a mechanism for resolving disputes and balancing state and federal interests.

The Constitutional Convention's efforts resulted in a more robust and effective government. The new federal structure enabled the management of foreign affairs and the conduct of relations with other governments, addressing the challenges faced under the Articles of Confederation. The Constitution's framework for raising funds and addressing financial challenges played a crucial role in strengthening the Union and ensuring its longevity.

Lack of authority to regulate commerce

The Articles of Confederation, America's first constitution, gave the Confederation Congress the power to make rules and request funds from the states, but it had no enforcement powers. Congress lacked the authority to regulate commerce, making it unable to protect or standardize trade between foreign nations and the various states.

The lack of authority to regulate commerce was a major problem that had to be solved during the Constitutional Convention. Under the Articles of Confederation, Congress could not raise funds, regulate trade, or conduct foreign policy without the voluntary agreement of the states. This led to frustrating delays due to lackadaisical attendance and a large national debt, as states rarely complied with Congress's suggestions for raising revenue.

In 1784, Congress requested that the states grant it limited power over commerce for 15 years, but many states did not comply. The following year, delegate James Monroe stressed the need for increased congressional power over commerce, and a committee was appointed to investigate the problem. The committee recommended amending the Articles of Confederation to grant Congress power over commerce, but few states responded to the proposed amendment.

The delegates at the Constitutional Convention were tasked with revising the existing government, but they ended up creating a completely new one. To address the issue of state versus federal powers, the Constitution divided power between the state governments and the federal government, granting certain powers specifically to each and sharing others. The Constitution also established the Supremacy Clause, asserting the US Constitution as the supreme law of the land.

Explore related products

A Constitutional Convention: Threat or Challenge?

$75

The Constitutional Convention of 1787: Constructing the American Republic (Reacting to the Past™)

$19.99 $32.5

Debates in the Federal Convention of 1787 by James Madison, a Member

$0.99 $99

Decision in Philadelphia: The Constitutional Convention of 1787

$18 $18

Constitutional Conventions in Westminster Systems: Controversies, Changes and Challenges

$110.51 $138

Secret Proceedings and Debates of the Constitutional Convention, 1787

$32.55

The issue of slavery

While the word "slavery" is absent from the Constitution, it was a pivotal issue during discussions on commerce and representation. The delegates debated whether the new federal government should have the authority to ban the importation of enslaved people. This was a contentious topic, with delegates from southern states, such as South Carolina and Georgia, strongly opposed to any interference in the slave trade. They argued that the slave trade was crucial to their economic interests.

A compromise was reached, known as the "Three-Fifths Compromise." This agreement stated that three-fifths (60%) of the enslaved population in each state would be considered when determining congressional representation. This compromise resulted in an increase in congressional seats for several states, particularly in the South. Additionally, the delegates agreed to allow Congress to ban the importation of enslaved people after a period of 20 years. This compromise was one of the few clauses in the Constitution that could not be amended.

The debates and compromises surrounding slavery during the Constitutional Convention highlight the complex and contentious nature of the issue during the founding of the United States. The delegates had to navigate competing interests and ideologies, ultimately shaping the country's approach to slavery and laying the foundation for future struggles over abolition and equal rights.

The absence of a bill of rights

The issue of a bill of rights was not a new one. Even before the Constitutional Convention, there were calls to address defects in the Articles of Confederation, which lacked a bill of rights. The Articles of Confederation had established a weak central government, and the Constitutional Convention sought to address this issue by creating a federal government with more specific powers. However, the absence of a bill of rights in the new Constitution was a glaring omission to many.

The delegates to the Constitutional Convention, also known as the Framers, had originally imagined a weak presidency and a strong legislature, divided into the House of Representatives and the Senate. The Framers' concerns about the potential for provincialism in the independent states influenced their views on how to elect the president, and they ultimately decided that the president would be chosen by an electoral college rather than by Congress.

The debates during the Constitutional Convention were kept secret, and it is thanks to James Madison's detailed notes that we know much about how the Constitution came to be. Madison, however, did not initially support the inclusion of a bill of rights. It was only after the Constitution was ratified and the first Congress convened in 1789 that Madison took the lead in drafting the Bill of Rights.

Frequently asked questions