Isabella Carter
The Framers of the Constitution of the United States of America had conflicting opinions on several issues. The Constitution has been described as a bundle of compromises, with several features settled by compromise, including plans for representation in the House and the Senate and the method of selecting the president. The Framers sought to address the challenges facing the nation at the time and establish foundational principles to guide the new nation into an uncertain future. They defined fundamental freedoms in general terms, such as freedom of speech, due process of law, and equal protection of the laws. However, there was no agreed-upon understanding of the specific meaning of these terms, making it difficult to ascertain the Framers' intentions on concrete constitutional issues. The Framers also disagreed on the issue of slavery, with the Three-Fifths Compromise counting three-fifths of enslaved people in each state towards congressional representation. Additionally, they addressed populism by ensuring that the president was selected by a body of electors rather than individual voters and by insulating Congress from populist pressures. Some Framers, like George Mason, refused to sign the Constitution due to their objections.
| Characteristics | Values |
|---|---|
| Selection of the president | The framers wanted the president to be selected by a body of electors chosen by the states, not by individual voters |
| Political influence of the voting public | The framers disagreed with the relative political influence of the voting public, particularly through their control over state governments |
| Freedom of speech | The framers had no agreed-upon understanding of the specific meaning of "freedom of speech" |
| Due process of law | The framers had no agreed-upon understanding of the specific meaning of "due process of law" |
| Regulate commerce | The framers had no agreed-upon understanding of the specific meaning of "regulate commerce" |
| Privileges and immunities | The framers had no agreed-upon understanding of the specific meaning of "privileges and immunities" |
| Equal protection of the laws | The framers had no agreed-upon understanding of the specific meaning of "equal protection of the laws" |
| Slavery | The framers disagreed over the Three-Fifths Compromise, which stated that 60% of enslaved people in each state would count toward congressional representation |
| Debt relief | The framers disagreed over the passing of debt relief measures, with the propertied and creditor classes believing such measures were contrary to natural right and terrible policy |
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What You'll Learn
The selection of the president
The framers of the US Constitution disagreed on several issues, one of which was the method of selecting the president. The framers of the Constitution did not want citizens to choose the president directly. Instead, they wanted a body of electors selected by the states to choose the president. This was done to address the issue of populism and to insulate Congress from populist pressures.
The framers believed that the government was created to protect property, not redistribute it. They wanted to limit the relative political influence of the voting public, particularly through their control over state governments. They were concerned about the power of the masses and sought to prevent what they saw as the "evils" of democracy.
At the Constitutional Convention of 1787, Massachusetts delegate Elbridge Gerry expressed this sentiment, stating, "The evils we experience flow from the excess of democracy." The framers wanted to ensure that the president would be chosen by a group of individuals who shared their beliefs and interests.
To achieve this, the framers designed a system where each state would select a number of electors proportional to its representation in the House and Senate. These electors, known as the Electoral College, would then cast votes to select the president. This system gave more power to smaller states and made it difficult for a single candidate to gain a majority of electoral votes.
In addition to the method of selecting the president, the framers also disagreed on other issues related to the presidency. For example, they debated whether the president should have veto power over legislation and the length of the presidential term. These disagreements were eventually resolved through compromise, and the final document included provisions that reflected the framers' concerns about limiting the power of the masses and protecting property rights.
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The role of the federal government in slavery
The United States Constitution, drafted in 1787, did not use the words "slave" or "slavery" in its provisions, despite the fact that slavery was a major component of the economy and society at the time. The framers consciously avoided the words, recognising that they would sully the document. Instead, the document refers to persons.
The framers of the Constitution held differing views on the issue of slavery. Many of them harboured moral qualms about the practice. Some, including Benjamin Franklin (a former slaveholder) and Alexander Hamilton (who was born in a slave colony in the British West Indies), became members of anti-slavery societies. On August 21, 1787, a bitter debate broke out over a South Carolina proposal to prohibit the federal government from regulating the Atlantic slave trade. Luther Martin of Maryland, a slaveholder, argued that the slave trade should be subject to federal regulation since the entire nation would be responsible for suppressing slave revolts. He also considered the slave trade contrary to America's republican ideals.
The controversy over the Atlantic slave trade was ultimately settled by compromise. In exchange for a 20-year ban on any restrictions on the Atlantic slave trade, southern delegates agreed to remove a clause restricting the national government's power to enact laws requiring goods to be shipped on American vessels. The same day this agreement was reached, the convention also adopted the Fugitive Slave Clause, which required the return of runaway slaves to their owners.
The specific clauses of the Constitution related to slavery included:
- The Three-Fifths Clause: This clause, found in Article 1, Section 2, Paragraph 3, provided that apportionment of representatives would be based on the population of free persons, excluding "Indians not taxed" and "three-fifths of all other persons." The "other persons" referred to the African slaves who made up around a third of the population of the Southern states.
- The Fugitive Slave Clause: This clause, found in Article IV, Section 2, Clause 2, provided that "no person held to service or labour in one state, under the laws thereof, escaping into another, shall, in consequence of any law or regulation therein, be discharged from such service or labour, but shall be delivered up on claim of the party to whom such service or labour may be due."
- The Slave Trade Clause: This clause, found in Article 1, Section 9, Clause 1, prohibited the federal government from limiting the importation of "persons" where the existing state governments allowed it, for a period of 20 years after the Constitution took effect.
The Constitution also gave the federal government the power to put down domestic rebellions, including slave insurrections. The framers believed that concessions on slavery were the price for the support of southern delegates for a strong central government.
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The interpretation of 'freedom of speech'
The interpretation of freedom of speech has been a contentious issue since the drafting of the US Constitution. The First Amendment of the United States Constitution states:
> Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.
While the First Amendment guarantees freedom of speech, the exact interpretation and scope of this right have been debated and refined over time. The Supreme Court has interpreted "speech" broadly to include not only verbal expression but also writing, printing, broadcasting, internet usage, and symbolic expression such as flag burning or wearing armbands.
One of the key debates surrounding freedom of speech is the extent to which the government can restrict it. The Supreme Court has consistently ruled that the government has the power to impose limits on free speech regarding its time, place, and manner of delivery. This has led to the creation of free speech zones, which are designated areas where individuals can express their views without restriction. However, the very existence of these zones is controversial, as some argue that they are a form of censorship and contradict the spirit of the First Amendment.
Another issue concerning freedom of speech is its intersection with other rights and laws. For example, the Supreme Court has held that political expenditures and contributions are a form of protected speech under the First Amendment. However, in Buckley v. Valeo (1976), the Court also ruled that the government could limit the amount individuals contribute to political candidates to prevent undue influence. This tension between protecting free speech and regulating political influence has been a recurring theme in interpreting freedom of speech.
Furthermore, the interpretation of freedom of speech has evolved to address modern challenges, such as the regulation of harmful or criminal speech. For instance, laws have been enacted to prohibit the dissemination of information on bomb-making or the teaching of techniques that could be used for criminal or terrorist activities. Balancing the right to free speech with public safety and national security concerns has become an increasingly important aspect of interpreting freedom of speech.
The framers of the Constitution, including George Mason and Benjamin Franklin, had differing views on the document, with some refusing to sign it due to their objections. The Constitution has been described as "a bundle of compromises," indicating that it was a product of negotiation and consensus-building, and not everyone's ideals were fully reflected in the final document.
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The role of state governments
The Framers of the Constitution had differing views on the role of state governments. The relative political influence of the voting public, particularly through their control over state governments, was a cause for concern for the Framers. They were worried about the excess of democracy and the populist pressures that state governments could exert.
To address these concerns, the Framers included provisions in the Constitution that prohibited states from issuing currency or providing debt relief, and gave Congress the power to suppress tax rebellions. They also ensured that the president was chosen by a body of electors selected by the states, rather than by individual voters. This was done to insulate Congress from populist pressures. The Framers also gave the chief executive veto power over legislation.
Additionally, the Framers of the Constitution were concerned about the impact of state governments on slavery. The "Three-Fifths Compromise" was included in the Constitution, which provided that three-fifths of enslaved people in each state would count towards congressional representation. This greatly increased the number of congressional seats in several states, particularly in the South. The Framers also debated whether to allow the federal government to ban the importation of enslaved people and ultimately agreed to give Congress the power to do so after a waiting period of 20 years.
The Framers' efforts to limit the influence of state governments and the voting public reflect their belief in the need for a strong central government that could address the specific challenges facing the nation during their time. However, their actions also limited the political influence of citizens on the national government. This has led to calls for improving the Constitution to better serve the needs of the modern United States, rather than blindly revering it.
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The signing of the Constitution
The signing of the US Constitution was not without its controversies. Three of the framers refused to sign the document, including George Mason, whose objections are studied in detail today. Benjamin Franklin, on the other hand, argued in support of the Constitution.
The Constitution has been described as "a bundle of compromises". The framers disagreed on the different plans for representation in the House and the Senate, and on the method of selecting the president. Compromise meant that no one was entirely satisfied with the final document.
The issue of slavery was central to the debates over commerce and representation. The "Three-Fifths Compromise" counted 60% of enslaved people in each state towards congressional representation, increasing the number of seats in several Southern states. The framers also debated whether to allow the federal government to ban the importation of enslaved people. They agreed that Congress could ban it, but only after 20 years had passed.
The framers also disagreed over the relative political influence of the voting public, particularly through their control over state governments. They tried to insulate Congress from populist pressures, giving state legislators—rather than voters—the power to select senators, who were given six-year terms of office. The framers also ensured that the president was selected by a body of electors chosen by the states, not by individual voters.
Additionally, there was no agreed-upon understanding of the specific meaning of terms like "freedom of speech", "due process of law", and "regulate commerce". This has made it difficult to know with certainty what the framers thought about concrete constitutional issues.
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Frequently asked questions
The framers of the US Constitution disagreed on several issues, including the role of democracy, the method of selecting the president, the relative political influence of the voting public, and the issue of slavery.
The Three-Fifths Compromise was an agreement that 60% of enslaved people in each state would count toward congressional representation, increasing the number of congressional seats in several states, particularly in the South. This compromise was reached during debates over commerce and representation, with the issue of slavery being central to these discussions.
There was a lack of consensus among the framers regarding the specific meanings of terms such as "freedom of speech," "due process of law," and "regulate commerce." This ambiguity has led to challenges in interpreting the framers' intentions on concrete constitutional issues. As a result, judges engaging in originalist analysis may project their personal and political preferences onto the framers, leading to criticism of disingenuous jurisprudence.
