Key Constitutional Agreements: What Made The Cut

The US Constitution was written in 1787 in Philadelphia, Pennsylvania, by delegates from 12 states, with the aim of replacing the Articles of Confederation with a new form of government. The document was tailored to a newly formed nation of states acting as independent, sovereign countries. The delegates agreed to protect the slave trade for 20 years, allowing states to count three-fifths of their slaves as part of their populations for representation purposes. The Connecticut Compromise was also adopted, proposing a Congress with proportional representation in the lower house and equal representation in the upper house. The Constitution was ratified by all states by May 29, 1790, when Rhode Island approved the document, and the Bill of Rights was added to limit government power and protect individual liberties.

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Protection of the slave trade

The issue of slavery was a highly controversial topic during the drafting of the US Constitution, with delegates at the Constitutional Convention in 1787 fiercely debating the issue. Many of the framers had moral qualms about slavery, but some also owned slaves and were convinced that if the Constitution restricted the slave trade, states like South Carolina and Georgia would refuse to join the Union.

To avoid ruining the convention, a compromise was reached: the Southern states agreed to remove a clause restricting the national government's power to enact laws requiring goods to be shipped on American vessels, and in exchange, the importation of slaves would not be prohibited for twenty years, until 1808. This compromise was reflected in Article 1, Section 9, Clause 1 of the Constitution.

During this twenty-year period, popular support for the abolition of the slave trade and slavery itself increased, both in the United States and in other countries. The United Kingdom and other nations passed legislation restricting the slave trade, increasing international pressure on the US to curb the practice. In 1805, Joseph Bradley Varnum submitted a Massachusetts Proposition to amend the Constitution and abolish the slave trade, which was tabled until 1807. Finally, on March 2, 1807, Congress passed the Act Prohibiting the Importation of Slaves, which took effect on January 1, 1808.

However, this legislation did not end slavery or the domestic sale of slaves within the United States, and the illegal importation of slaves continued. The Act drove the trade underground, and even after slave trading became a capital offense in 1820, few captains were convicted and the trade persisted.

Proportional representation in the lower house

Proportional representation is an electoral system that elects multiple representatives in each district in proportion to the number of votes cast for them. In a proportional representation system, votes are reallocated to lower preferences as candidates are either elected or eliminated. This continues until all the seats are filled. For example, if a party's candidates win 51% of the votes in a six-seat district, they would be expected to win three of the six seats, rather than taking all six seats as in a "winner-take-all" system.

Proportional representation was included in the US Constitution to provide for the lower house, the House of Representatives. The 14th Amendment to the Constitution, ratified after the Civil War, ordered the Census to count every individual, regardless of skin colour. This amendment aimed to address the "original sin" of the Constitution, which had previously denied representation to African Americans.

The Constitution provides for proportional representation in the House of Representatives, with seats apportioned based on state population according to the constitutionally mandated Census. This form of representation based on population was a significant component of the Constitution.

The inclusion of proportional representation in the Constitution was influenced by the relationship between representation and taxation. Before federal income taxes or tariffs, the states contributed to the national government with local taxes, often flat poll taxes on each citizen. As the constitutional framers had to consider the funding of the new government, they debated the link between representation and taxation. Some delegates argued for geographic size or usable farmland as better measures of state wealth than population. However, the delegates ultimately agreed on proportional contributions based on population, resulting in the inclusion of proportional representation in the Constitution.

Today, proportional representation is the most common electoral system among the world's democracies. With 85 countries using it to fill a nationally elected legislative body. While the United States does not currently use proportional representation for congressional and most state legislative elections, it is possible to adopt this system through regular lawmaking. Implementing proportional representation could increase competition and representation while decreasing polarisation and antidemocratic extremism.

Individual liberties

The US Constitution was written in 1787 by delegates from 12 states, replacing the Articles of Confederation with a new form of government. The Constitution established a federal system with a national government composed of three separate powers, and included both reserved and concurrent powers of states.

The Constitution was approved by the Constitutional Convention and sent to the states for ratification without a bill of rights. The absence of a "bill of rights" turned out to be an obstacle to the Constitution's ratification by the states. James Madison, who initially resisted the need for a bill of rights, eventually proposed 19 amendments to the Constitution, which became the first ten amendments, also known as the Bill of Rights. These amendments were designed to limit government power and protect individual liberties.

The First Amendment protects the freedom of speech, religion, and the right to bear arms, while also ensuring due process and trial by jury. The Fourth Amendment safeguards citizens' right to be free from unreasonable government intrusion in their homes through the requirement of a warrant. The Fifth Amendment states that no person shall be compelled in any criminal case to be a witness against themselves, nor be deprived of life, liberty, or property, without due process of law.

The Ninth Amendment states that the listing of specific rights in the Constitution does not mean that people do not have other rights that have not been spelled out. The Tenth Amendment states that the Federal Government only has those powers delegated to it in the Constitution.

The Bill of Rights was added to the Constitution to address concerns about government power and to protect individual liberties. It was influenced by the Virginia Declaration of Rights, the Magna Carta, the Petition of Right, the English Bill of Rights, and the Massachusetts Body of Liberties. The inclusion of these rights in the Constitution reflects the Enlightenment philosophy of the time, which stressed the importance of limiting government power and protecting fundamental freedoms.

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Republican form of government

The United States Constitution guarantees a republican form of government to each state. This is outlined in Article IV, Section 4 of the Constitution, also known as the Guarantee Clause:

> "The United States shall guarantee to every State in this Union a Republican Form of Government, and shall protect each of them against Invasion; and on Application of the Legislature, or of the Executive (when the Legislature cannot be convened) against domestic Violence."

The Guarantee Clause was intended to ensure that each state would be protected against foreign invasion and internal insurrection or rebellion. The exact meaning of a "republican form of government" has been left to Congress to decide, but it is generally understood to refer to a representative democracy, as opposed to a monarchy or dictatorship.

The inclusion of the Guarantee Clause in the Constitution was the result of a compromise between the Federalists and anti-Federalists. The Federalists agreed to add amendments to secure individual liberties in exchange for support from the anti-Federalists. The clause was unanimously approved by the Convention, with James Wilson proposing the final language:

> "...that a republican form of Government shall be guaranteed to each State; and that each State shall be protected against foreign and domestic violence."

The Guarantee Clause has not been widely interpreted by the courts, but it continues to be an important part of the Constitution, ensuring that the United States is grounded in representing the people in the states.

Checks and balances system

The US Constitution divides the government into three branches: the legislative, executive, and judicial. This separation of powers is a key feature of the checks and balances system, preventing any one branch from having too much power.

The legislative branch makes laws, but the President in the executive branch can veto those laws. The legislative branch also has the power to impeach and remove the President from office if they have committed crimes of treason, high crimes, or misdemeanors. The legislative branch can also override presidential vetoes by voting on a law again and passing it with a two-thirds majority.

The judicial branch can declare acts of the President unconstitutional, removing them from the law. They can also declare laws passed by Congress to be unconstitutional in whole or in part. Congress, by initiating constitutional amendments, can reverse decisions of the Supreme Court.

The executive branch, through federal agencies, has responsibility for the day-to-day enforcement and administration of federal laws. The President appoints members of the Supreme Court, but only with the consent of the Senate, which also approves certain other executive appointments and treaties.

The checks and balances system encourages constant tension and conflict between the branches, which can be beneficial as it prevents the accumulation of power in any one branch. It ensures that the majority cannot act without regard to the views or interests of the minority, and it improves the quality of decision-making.

The system is influenced by the ideas of Greek historian Polybius, who analysed the ancient Roman constitution, and philosophers such as Montesquieu and Blackstone.

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