Eleanor Finch
The framers of the American Constitution were visionaries who sought to address the challenges facing the nation during their time and establish foundational principles to guide the country into an uncertain future. They asked themselves how they could create a government that would endure and protect the rights of its citizens. The result was a Constitution that defined fundamental freedoms and governmental powers in general terms, such as freedom of speech, due process of law, and the regulation of commerce. The framers also debated the structure of Congress, the role of the courts, and the method of selecting the president, often compromising to balance democratic principles with anti-populist sentiments. The Constitution has been described as a bundle of compromises, reflecting the diverse perspectives and ideals of its framers.
| Characteristics | Values |
|---|---|
| Addressing the specific challenges facing the nation | "Freedom of speech", "due process of law", "free exercise" of religion, "equal protection of the laws", "cruel and unusual punishment" |
| Establishing foundational principles to guide the new nation | The powers of Congress, the role of the president, the structure of the Senate, and the rights of the people |
| Compromise | The framers debated and compromised on issues such as representation, the number of senators per state, qualifications for office, term lengths, and the method of selecting the president |
| Influence of British and state precedents | The framers looked to the British system of government and state constitutions when establishing requirements for membership in the House and Senate, including age, citizenship, and inhabitancy qualifications |
| Anti-populism and limiting populist power | The framers intended to insulate the federal government from political accountability and prevent direct election of the president by the people |
| Economic considerations | The framers wanted to protect property rights and prevent the redistribution of wealth |
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What You'll Learn
What powers should Congress have?
The framers of the American Constitution were visionaries who sought to address the specific challenges facing the nation during their lifetimes, while also establishing foundational principles to guide the new nation into an uncertain future. They were also concerned with limiting populist power and insulating the federal government from political accountability.
The powers of Congress were established in Article I of the Constitution, with the framers debating the idea of a Congress made up of two houses, one of which would be the "grand depository of the democratic principle of government." The House of Representatives would represent the people of the nation at large, while the Senate would represent the residual sovereignty of the states. The characteristics of the Senate, including representation, the number of senators per state, qualifications for office, terms of service, and the powers exercised, were all fiercely debated and the product of compromise. For example, the framers debated the length of terms for senators, with some suggesting four-year terms, others seven-year terms, and still, others arguing for six-year terms for ease of divisibility into equal election cycles.
The framers also set age, citizenship, and inhabitancy qualifications for senators and representatives, voting against proposed religion and property requirements. They established a minimum age of 30 for the Senate and 25 for the House, believing that members of the Senate ought to be older and more experienced.
The framers recognized that the new government was part national and part federal, and that the different modes of representation in the House and Senate were a feature of this federalism. They intended for the courts to play a central role in addressing concerns about individual liberties, with Alexander Hamilton stating that constitutional protections and limitations could "be preserved in practice no other way than through the medium of courts of justice."
The framers also grappled with the question of regulating commerce among the states, which was a source of serious controversy. They ultimately included in the Constitution that Congress may regulate "commerce among the several states."
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How should the president be elected?
The framers of the American Constitution had strong views on how the president should be elected, and these were influenced by the political climate of the time. The aftermath of the American Revolution had left the country in a severe economic recession, with heavy taxes levied on residents to repay war debts. This led to a wave of populist sentiment, which resulted in violent insurrections such as Shays' Rebellion in Massachusetts. In response, state politicians began passing debt relief measures, which were popular with debtor farmers but not with the nation's elite classes, including many of the framers.
The framers were concerned about creating a presidency that could wield too much power, fearing the possibility of tyranny akin to the British monarchy. They were particularly worried about the absence of term limits, which could allow a few individuals to maintain control indefinitely. To address these concerns, they established a system of checks and balances and the Electoral College. The framers wanted to limit populist power and insulate the federal government from political accountability. They believed that the government's role was to protect property, not redistribute it.
The Electoral College was created as a compromise for electing the president. This system was designed to prevent direct popular election by the general public, which the framers feared could lead to populism and instability. Instead, electors from each state would cast votes, creating a buffer between the populace and the presidency. The framers aimed to design an executive office that was strong enough to lead but constrained enough to prevent the emergence of tyranny. They wanted to balance effective leadership with a structure that would protect against the abuse of power and act as a safeguard for democracy.
The framers' views on how the president should be elected were shaped by their desire to limit populist influence and prevent the concentration of power in a single individual. They sought to establish a strong yet limited executive, with checks and balances in place to hold the president accountable and prevent tyranny.
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What should the Senate's characteristics be?
The framers of the American Constitution were visionaries who designed the constitution to endure. They sought to address the challenges facing the nation during their lifetimes and establish foundational principles that would guide the new nation into an uncertain future.
The characteristics of the Senate were the product of fierce debate and compromise. The framers looked to precedents in the British system of government and state constitutions. The Senate was intended to be small, deliberative, and independent from the larger, more democratic House.
The basis of representation, the number of senators per state, the qualifications for office, the terms of service, and the powers exercised by the Senate were all debated and compromised. The framers established requirements such as age, citizenship, and inhabitancy qualifications for senators, with a minimum age of 30. They also debated the length of terms, with some proposing four-year terms, others seven-year terms, and ultimately settling on six-year terms with one-third of the Senate's members elected or reelected every two years.
The framers intended the Senate to represent the residual sovereignty of the states, while the House would represent the people of the nation at large. This division of representation was one of the features that made the new government “part national” and “part federal." The framers wanted to ensure that each branch of government was balanced so that no one part could dominate the others.
The Senate's role has changed significantly over time, but its unique position in the federal government remains anchored in the nation's founding principles.
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Should there be a bill of rights?
The framers of the American Constitution were visionaries who sought to address the specific challenges facing the nation during their lifetimes and to establish the foundational principles that would sustain and guide the new nation into an uncertain future. They were also realists who understood that any document they produced would be a bundle of compromises.
The question of whether there should be a bill of rights was a contentious issue among the framers. The anti-Federalists, led by Patrick Henry, attacked the proposed Constitution for its vagueness and lack of specific protection against tyranny. They demanded a more concise and unequivocal Constitution that laid out the rights of the people and the limitations of the government. Richard Henry Lee, for example, despaired at the lack of provisions to protect "those essential rights of mankind without which liberty cannot exist."
The Federalists, on the other hand, argued that a bill of rights would be pointless because political majorities would run roughshod over its guarantees. Thomas Jefferson, however, responded that this argument ignored “the legal check” that could be exercised by the judiciary. James Madison, who had initially opposed the inclusion of a bill of rights, took the lead in drafting one in the first Congress. He maintained that “independent tribunals of justice will consider themselves…the guardians of those rights [and]…will be naturally led to resist every encroachment” upon them.
The framers also debated the structure and powers of Congress, the characteristics of the Senate, and the method of selecting the president. They were concerned with limiting populist power and insulating the federal government from political accountability. They established requirements for individuals to become members of the House and Senate, including age, citizenship, and inhabitancy qualifications, but voted against proposed religion and property requirements.
In conclusion, the framers of the American Constitution grappled with the question of whether there should be a bill of rights, with some arguing for its inclusion to protect individual liberties and others claiming it was unnecessary and vulnerable to political majority rule. Ultimately, a bill of rights was added to the Constitution, making the "more perfect union" envisioned by the framers even more perfect.
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How should the House and Senate be represented?
The framers of the American Constitution wanted to ensure that each branch of government was balanced so that no single part of the government held excessive power. The Constitution provides "checks and balances" among the three branches to achieve this balance. The legislative branch, or Congress, is composed of two separate groups: the Senate and the House of Representatives.
The Founding Fathers created the two houses within the legislative branch to ensure that both the people and the states were represented. The House of Representatives, also known as the "lower house," is responsible for writing laws and raising government funds through taxation. The number of representatives from each state is based on the state's population, with each representative serving a two-year term. The Permanent Apportionment Act of 1929 set the size of the House at 435 members, and the Constitution mandates a population count every ten years to adjust representation accordingly.
On the other hand, the Senate, or the "upper house," acts as an advisory council to the President and represents the interests of the states. Each state has equal representation in the Senate, with two senators from each state serving six-year terms. This equal representation, regardless of state population, reinforces the principle of federalism, ensuring that neither the federal nor state governments hold too much power.
The characteristics of the Senate, including representation, were the subject of intense debate during the Constitutional Convention of 1787. James Madison of Virginia proposed the creation of the Senate as a small, deliberative body to counter the popular influence of the larger, more democratic House. The delegates ultimately agreed on equal state representation in the Senate, with staggered elections to promote stability and gradual change.
The process of amending the Constitution, as outlined by the Founding Fathers, underscores the importance of representation and consensus. A two-thirds majority vote in both the House and the Senate, or approval from two-thirds of the states, is required to amend the Constitution. This deliberate process ensures that any changes to the nation's governing document reflect the interests of the people and the states.
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Frequently asked questions
The framers of the American Constitution were concerned about the relative political influence of the voting public, particularly through their control over state governments. They also had anti-populist aims and wanted to insulate the federal government from political accountability.
The delegates at the 1787 Constitutional Convention debated the nature of the American presidency, the structure of Congress, and the length of terms for senators. They also discussed the requirements for becoming a member of the House and Senate, including age, citizenship, and inhabitancy qualifications.
The framers intended for the courts to play a central role in protecting individual liberties and addressing concerns about the government. They believed that independent tribunals of justice would act as "guardians of those rights" and resist any encroachment upon them.
The Constitution has been described as "a bundle of compromises". Some of the key compromises included the different plans for representation in the House and the Senate, with the House representing the people and the Senate representing the states, and the method of selecting the president, which resulted in the electoral college.
