Isabella Carter
The writing of the US Constitution was a complex and challenging process, with one significant challenge being the question of slavery and its impact on representation and commerce. The Three-Fifths Compromise was a contentious issue, with delegates agreeing that three-fifths of enslaved people in each state would count towards congressional representation. This compromise, along with the decision to allow the slave trade to continue until 1808, threatened to derail the Union. The delegates to the Constitutional Convention, including George Washington, James Madison, and Alexander Hamilton, had to navigate these challenges and find a balance between centralized power and state loyalty, ultimately creating a powerful central government.
| Characteristics | Values |
|---|---|
| Completely new form of government | The document introduced a new form of government instead of being a revision of the Articles of Confederation |
| Ratification | Only 6 of 13 states reported a pro-Constitution majority, but ratification by 9 of 13 states was required and achieved |
| Centralized power | The founders created a powerful central government, bypassing state legislatures |
| Congressional representation | Fierce debate over whether representation should be based on population or divided equally among states; resolved with the Three-Fifths Compromise |
| Slavery | The slave trade was allowed to continue until 1808 |
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What You'll Learn
- Delegates had to bypass state legislatures and their reluctant members
- The convention debated whether to allow the federal government to ban slavery
- The question of congressional representation divided delegates
- The Articles of Confederation gave Congress no enforcement powers
- The Federalists and Anti-Federalists disagreed on the Bill of Rights
Delegates had to bypass state legislatures and their reluctant members
The delegates at the Constitutional Convention in Philadelphia in 1787 were tasked with revising the existing government, but they ended up creating a new one. They were wary of centralized power and loyal to their states, so they crafted a powerful central government that represented a compromise between wildly differing interests and views.
One of the challenges they faced was bypassing state legislatures and their reluctant members. The delegates knew that many state political leaders stood to lose power under the new constitution, so they bypassed the legislatures and called for special ratifying conventions in each state. They knew that the state legislatures would likely reject the new constitution, so they took the issue directly to the people, who were more likely to ratify it.
Article VII of the proposed Constitution outlined a process that ignored the amendment provision of the Articles of Confederation, which required unanimous approval of all the states. Instead, it called for ratification by just nine of the thirteen states, a two-thirds majority. This was a tactical coup by the nationalists, who believed that a strong central government was necessary to face the nation's challenges.
The Federalists, who supported the Constitution, needed to convert at least three states, as only six of the thirteen states reported a pro-Constitution majority at the time. By bypassing the state legislatures and going directly to the people, the delegates were able to secure the necessary ratifications to enact the new government. This move demonstrated the delegates' wariness of centralized power and their loyalty to their individual states, even as they created a more powerful central government.
The delegates' decision to bypass state legislatures and their reluctant members was a strategic move that helped ensure the adoption of the new constitution. It was a recognition of the reality that many state political leaders were resistant to ceding power to a central government. By taking the issue directly to the people, the delegates were able to secure the necessary support and create a government that has stood the test of time, becoming one of the longest-lived and most emulated constitutions in the world.
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The convention debated whether to allow the federal government to ban slavery
One challenge involved in writing the US Constitution was the debate over slavery. Although the word "slavery" does not appear in the Constitution, the issue was central to the discussions on commerce and representation. The convention delegates debated whether to allow the federal government to ban the importation of enslaved people from outside the US, including directly from Africa.
The Three-Fifths Compromise, which stated that three-fifths (60%) of enslaved people in each state would be considered for congressional representation, significantly increased the number of congressional seats in several states, particularly in the South. This compromise reflected the tension between the notion of slavery and the Declaration of Independence's statement that "all men are created equal."
The Southern states, where slavery was crucial to the economy, wanted to protect their right to import slaves. Delegates from these states, such as Hugh Williamson of North Carolina, argued that excluding them from the Union over this issue would be inhumane. On the other hand, some delegates, including James Madison, opposed taxing imported slaves as it would acknowledge them as property.
The convention ultimately agreed to a compromise, known as the Slave Trade Clause or the Fugitive Slave Clause, which prohibited the federal government from banning the importation of "persons" (referring to enslaved Africans) for twenty years after the Constitution took effect. This clause was one of the only clauses that could not be amended. The specifics of the compromise were debated, and it was decided that Congress could ban the slave trade after 1808, although it could tax these enslaved people as property in the meantime. This compromise was unsustainable and contributed to the Civil War.
The US Constitution was handwritten on five pages of parchment by Jacob Shallus and became operational in 1789. Since then, it has been amended 27 times, with the first ten amendments known as the Bill of Rights, protecting individual liberties and restricting government powers.
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The question of congressional representation divided delegates
The delegates were divided over whether representation should be based on population or divided equally among the states. This was a challenging issue because the states had diverse interests and views, and the delegates had to craft compromises to accommodate these differences. The small-state delegates, in particular, were dismayed by the move toward a new government, as they were wary of centralised power and loyal to their individual states.
To address this challenge, the framers of the Constitution compromised by adopting a mixed approach to representation. They agreed to allocate congressional seats based on a combination of population and state equality. Specifically, they decided that each state would have one representative for every 30,000 people in the House of Representatives and two representatives in the Senate.
Another complicating factor in the debate over congressional representation was the issue of slavery. The delegates grappled with whether to include enslaved Africans in the population counts used for determining representation. They ultimately reached the "Three-Fifths Compromise," whereby each enslaved person was counted as three-fifths of a person for representation purposes. This compromise significantly impacted congressional seat distribution, particularly in the Southern states with large enslaved populations.
The delegates' ability to find a middle ground on congressional representation was a crucial step in the creation of the U.S. Constitution. By blending the principles of population-based and state-based representation, they laid the foundation for a more unified nation that recognised the diverse interests of its constituent states.
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The Articles of Confederation gave Congress no enforcement powers
One challenge involved in writing the US Constitution was the fact that the Articles of Confederation gave Congress no enforcement powers. The Articles of Confederation, adopted by the Continental Congress on November 15, 1777, served as the United States' first constitution. This document established a “league of friendship” for the 13 sovereign and independent states, with each state retaining powers not delegated to the United States. While the Articles outlined a Congress with representation, it did not base this on population, giving each state one vote.
The Articles of Confederation gave Congress limited authority, making it difficult for the central government to regulate commerce, conduct foreign policy, or raise funds effectively. Congress lacked the power to tax and set commercial policy, and it struggled to support the war effort and manage the national debt. The states often failed to comply with Congress's suggestions, and the central government had little power to settle disputes between states.
The weakness of Congress under the Articles of Confederation had several consequences. Firstly, it led to a lack of respect and support for Congress from state governments, who were anxious to maintain their power. Secondly, it resulted in frustrating delays due to poor attendance by delegates, as congressmen focused more on politics in their home states and personal affairs.
Recognizing these issues, Congress attempted to strengthen the Articles. In 1784, Congress requested that the states grant it limited power over commerce for 15 years, but many states did not comply. A committee, chaired by James Monroe, recommended amending the Articles to grant Congress power over commerce, but again, few states responded.
The deficiencies in the Articles of Confederation highlighted the need for a stronger central government and eventually led to the creation of a new constitution, which introduced a completely new form of government.
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The Federalists and Anti-Federalists disagreed on the Bill of Rights
One of the challenges involved in writing the US Constitution was the disagreement between the Federalists and Anti-Federalists on the Bill of Rights. The Federalists and Anti-Federalists emerged as two factions with opposing views on the Constitution. The Federalists supported the Constitution, believing that a strong central government was necessary to address the nation's challenges. On the other hand, the Anti-Federalists opposed the Constitution and advocated for a Bill of Rights to be added.
The Federalists and Anti-Federalists had differing views on the role of the central government. The Federalists, concerned about the young country's stability, wanted to grant more power to the central government. In contrast, the Anti-Federalists were wary of centralized power and loyal to their individual states. They wanted to ensure that individual liberties were protected and that the central government's powers were restricted.
The Anti-Federalists argued for the inclusion of a Bill of Rights, a list of specific protections for individual liberty and justice, in the Constitution. They believed that a Bill of Rights was necessary to safeguard the rights of citizens and prevent the government from overstepping its boundaries. The first ten amendments to the Constitution, known as the Bill of Rights, were eventually added to address these concerns.
The Federalists, on the other hand, were initially reluctant to include a Bill of Rights. They argued that the Constitution already implied the protection of certain rights and that adding a Bill of Rights might imply that other rights were not protected. However, they eventually conceded to the demands of the Anti-Federalists and included the first ten amendments, which became the Bill of Rights.
The Bill of Rights includes important protections such as the Eighth Amendment, which safeguards individuals from excessive bail or fines and cruel and unusual punishment, and the Ninth Amendment, which states that individuals have fundamental rights beyond those explicitly mentioned in the Constitution. The inclusion of the Bill of Rights was a significant compromise between the Federalists and Anti-Federalists, ensuring that the Constitution balanced a strong central government with the protection of individual liberties.
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Frequently asked questions
One challenge was the differing interests and views of the delegates. The delegates were wary of centralized power and loyal to their states, so they had to create a powerful central government that balanced these interests.
Another challenge was the question of slavery. The "Three-Fifths Compromise" counted three-fifths (60%) of enslaved people in each state toward congressional representation, increasing the number of congressional seats in several states, particularly in the South.
A third challenge was deciding how to ratify the Constitution. The founders bypassed the state legislatures, as their members would be reluctant to give up power to a national government, and instead called for special ratifying conventions in each state.
