Compromise In The Constitution: The Great Trade-Off

The United States Constitution is often referred to as a bundle of compromises, as it was created through a series of negotiations and agreements between the delegates of 12 of the 13 original states during the Constitutional Convention of 1787. One of the most significant compromises was the Great Compromise, which established a bicameral legislature with proportional representation in the House of Representatives and equal representation in the Senate, thus balancing the interests of larger and smaller states. Another notable compromise was the Three-Fifths Compromise, which addressed how slaves would be counted to determine congressional representation, with every five enslaved people being counted as three individuals. This compromise, while morally dubious, reflected the economic reliance of certain states on slavery at the time.

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The Great Compromise

The delegates, representing 12 of the 13 original states, met in Philadelphia to revise the Articles of Confederation, which had been the governing document since the American Revolution. However, they soon realised a more comprehensive overhaul was needed, and so they set out to create a new constitution.

The delegates were heavily divided over the representation in each branch of Congress. The smaller states believed that each state should have equal representation, while the larger states thought that representation should be based on population. To resolve these concerns, a compromise committee was formed. The committee proposed a plan that became known as the Great Compromise.

Three-Fifths Compromise

The Three-Fifths Compromise, also known as the Constitutional Compromise of 1787, was an agreement reached during the 1787 United States Constitutional Convention. This compromise addressed the issue of how slaves would be counted to determine congressional representation. The slaveholding states wanted their entire population to be counted to determine the number of Representatives those states could elect and send to Congress. On the other hand, the free states wanted to exclude the counting of slave populations in slave states, since those slaves had no voting rights.

The Three-Fifths Compromise mandated that three-fifths of each state's slave population would be counted towards that state's total population for the purpose of apportioning the House of Representatives. This gave the Southern states more power in the House relative to the North. It also gave slaveholders similarly enlarged powers in Southern legislatures. This compromise was proposed by delegate James Wilson and seconded by Charles Pinckney.

The Three-Fifths Compromise was part of Article 1, Section 2, Clause 3 of the United States Constitution. In 1868, Section 2 of the Fourteenth Amendment superseded this clause and explicitly repealed the compromise. The compromise was amended to allow that state inhabitants would also include three-fifths of the slaves in the state.

The Three-Fifths Compromise was a morally dubious compromise that mirrored the firmly established slavery system in the United States at the time. It was one of the five key compromises that helped make the U.S. Constitution a reality.

Commerce Compromise

The Commerce Compromise, also known as the Commerce Clause, was a significant agreement during the drafting of the US Constitution that focused on how the new federal government should regulate business. The compromise granted Congress the authority to control domestic and international trade, but not the slave trade for at least 20 years.

The Commerce Compromise was a response to the economic situation in 1787, which had caused political dissatisfaction. State legislatures had enacted laws to relieve debtors of their debts, undermining creditors' rights and the credit market. Additionally, states had erected trade barriers to protect their businesses from competition in neighbouring states. As a result, the federal Congress was unable to negotiate credible trade agreements with foreign powers to open markets for American goods. This led to a nationwide economic downturn.

The Commerce Compromise aimed to address these issues by granting Congress the power "to regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes". This enabled the creation of a free trade zone among the states and empowered the president and Congress to negotiate and approve treaties to open foreign markets for American-made goods. While some states were concerned about centralising this authority, others recognised the need for a central power to control commerce and guarantee the efficient operation of the national economy.

The Commerce Compromise also had implications for slavery. While it did not directly address the issue of slavery, it gave Congress the power to abolish the slave trade with other nations, which it did on January 1, 1808, the earliest date allowed by the Constitution. Other compromises, such as the Three-Fifths Compromise, more directly addressed the issue of slavery and representation.

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Electoral College

The Electoral College is a process, not a physical location, by which the United States elects its president and vice president. It was established by the Founding Fathers as a compromise between the election of the President by a vote in Congress and election by a popular vote of qualified citizens.

The Electoral College consists of 538 electors, with each state having the same number of electors as it does members of Congress (House and Senate). This means each state is entitled to a minimum of three electors, with the remaining electors allocated roughly in proportion to the state's population. The District of Columbia is allocated three electors and is treated like a state for the purposes of the Electoral College.

The Electoral College process begins with the selection of electors. Each candidate for President has their own group of electors, chosen by their political party in each state. Citizens vote for their preferred candidate, and therefore their preferred electors. The electors then meet in their states to cast their votes for President and Vice President. A majority of 270 electoral votes is required to elect the President. Finally, Congress meets to count the votes.

The Electoral College has been a controversial mechanism since its inception. Supporters argue that it requires presidential candidates to have broad appeal across the country to win, while critics argue that it is not representative of the popular will of the nation. The Electoral College has resulted in several instances where the winner of the popular vote has not become President.

Tariffs and import regulations

The Commerce Compromise, which was part of the US Constitution, addressed the role of the federal government in regulating trade. This compromise granted Congress the authority to oversee both domestic and international trade, excluding the slave trade for a minimum of 20 years. The compromise aimed to balance the concerns of states about potential favouritism by a central authority with the need for efficient management of the national economy.

The issue of tariffs has evolved over time, with the executive branch gradually assuming more power in tariff-setting, particularly in the realm of foreign policy and trade negotiations. While this delegation of authority from Congress to the executive branch offers flexibility and swiftness in decision-making, it has also raised concerns about a lack of legislative oversight and potential economic disruptions. The executive branch's tariff-setting powers are exempt from many standard administrative procedures and judicial reviews, leading to limited checks and balances.

Tariffs played a significant role in the US economy, especially before the establishment of a federal income tax. They were a primary source of revenue for the federal government until the Civil War, after which income tax and treasury notes supplemented government income. However, tariffs remained important, and the Smoot-Hawley Tariff Act of 1930 led to a substantial increase in tariffs, contributing to a significant decline in US exports and imports during the Great Depression.

In conclusion, tariffs and import regulations have been a crucial aspect of US economic and trade policy, with the Constitution granting Congress the power to levy tariffs. The Commerce Compromise addressed the federal government's role in regulating trade, and while tariffs were once a primary revenue source, their importance has diminished with the introduction of federal income tax. Nevertheless, the executive branch's increasing influence in tariff-setting has raised concerns about the balance of power and the potential impact on international relations.

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