The Constitutional Compromise: Why And How?

The Constitutional Convention of 1787 was held in Philadelphia to revise the Articles of Confederation, America's first constitution, which was deemed inadequate due to its limited central government, lack of enforcement powers, and inability to regulate commerce or print money. The convention aimed to render the federal constitution adequate to the exigencies of government and the preservation of the Union. It addressed issues such as representation, state versus federal powers, executive power, slavery, and commerce. The convention resulted in significant compromises, including the Great Compromise, the Three-Fifths Compromise, and the Electoral College, which laid the foundation for the creation of the U.S. Constitution.

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The Articles of Confederation were practically impossible to amend

The Articles of Confederation, America's first constitution, was formed as a wartime confederation of states, with an extremely limited central government. The document was adopted by the Continental Congress on November 15, 1777, and became the official law of the land on March 1, 1781.

The central government also faced challenges in collecting taxes to fund its operations, as it relied on voluntary contributions from the states. This resulted in a depleted treasury and difficulty in maintaining an effective military or backing its own currency.

Additionally, the Articles of Confederation technically barred states from conducting their own foreign policies, but the central government lacked the power to enforce this due to its limited domestic and international authority.

The concerns about the limitations of the Articles of Confederation led to the Constitutional Convention of 1787, which ended the era of the Articles of Confederation and resulted in the current Constitution that went into effect in 1789.

The central government couldn't collect taxes

America's first constitution, the Articles of Confederation, gave the Confederation Congress the power to make rules and request funds from the states. However, it had no enforcement powers, couldn't regulate commerce, and couldn't print money. The central government's inability to collect taxes to fund its operations was a significant reason why the Constitutional Convention was called in 1787.

The Articles of Confederation established a weak central government with limited authority. While it could request funds from the states, the central government lacked the power to enforce tax collection. The states' voluntary contributions were often insufficient, leaving the central government struggling for funds. This financial constraint hindered its ability to maintain a strong military and support its currency.

The lack of a unified monetary system further exacerbated the issue. Under the Articles of Confederation, states issued their own currencies and levied taxes on goods from other states, creating economic competition and disrupting interstate commerce. This made it even more challenging for the central government to establish a stable financial system and collect taxes effectively.

The inability to collect taxes had significant implications for the country's stability and growth. Without a steady income, the central government struggled to address economic issues, maintain a strong military presence, and support its currency's value. This financial weakness, coupled with the states' disputes over territory, war pensions, and trade, threatened to tear the young nation apart.

The delegates at the Constitutional Convention, including George Washington, James Madison, and Alexander Hamilton, recognized the need for a stronger central government with the power to regulate commerce and collect taxes effectively. They understood that promoting the free flow of commerce across state lines and nationalizing the economy would be crucial for America's economic success and global competitiveness.

In conclusion, the central government's inability to collect taxes under the Articles of Confederation highlighted the need for a stronger and more unified national government. This issue played a pivotal role in the call for the Constitutional Convention, leading to the creation of the United States Constitution, which granted the federal government the necessary powers to regulate commerce, enforce laws, and collect taxes effectively.

States conducted their own foreign policies

In the years following the Revolutionary War, the young United States of America was in danger of collapse. The Articles of Confederation, America's first constitution, gave the Confederation Congress the power to make rules and request funds from the states, but it lacked enforcement powers, the ability to regulate commerce, or print money. This led to disputes between the states over territory, war pensions, taxation, and trade, threatening to tear the country apart.

Alexander Hamilton, a key figure in convincing Congress to organize a Grand Convention of state delegates to revise the Articles of Confederation, was instrumental in addressing this crisis. The Constitutional Convention assembled in Philadelphia in May 1787, with General George Washington unanimously elected as its president. The convention aimed to propose revisions to the Articles, specifically targeting the federal constitution's adequacy in governing and preserving the Union.

The states' conduct of their own foreign policies was a significant factor contributing to the country's instability. Each state operated independently, forming its own alliances and treaties, often conflicting with those of other states. This lack of centralized coordination in foreign affairs exacerbated the existing tensions and disputes between the states.

For instance, consider the impact on interstate trade and commerce. States with favourable trade agreements could prosper while others suffered, leading to economic disparities and resentment. Additionally, disputes over territory and borders could escalate quickly without a unified foreign policy. States with conflicting claims to the same territory might seek external alliances to strengthen their position, potentially drawing in other nations and complicating resolutions.

The conduct of foreign policy by individual states also impacted America's relationships with other nations. Without a unified front, the country appeared divided and weak in the eyes of foreign powers. This could lead to a lack of respect for American sovereignty and influence, with other nations seeking to exploit divisions for their gain.

The recognition of these issues led to the Constitutional Convention and the eventual formation of a stronger central government, ensuring that foreign policy was conducted in a unified manner, bringing much-needed stability to the fledgling nation.

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The Articles gave Congress no enforcement powers

The Articles of Confederation, America's first constitution, gave the Confederation Congress the power to make rules and request funds from the states. However, it had no enforcement powers, couldn't regulate commerce, and couldn't print money. This meant that Congress was unable to effectively address the disputes between the states over territory, war pensions, taxation, and trade, which threatened to tear the young country apart.

The Articles of Confederation were adopted by the Continental Congress on November 15, 1777, and established a "league of friendship" among the 13 sovereign and independent states. Each state retained all powers not expressly delegated to the United States, and each state had one vote in Congress, regardless of its population. The Articles outlined a Congress with representation not based on population, which meant that each state had an equal say in decision-making, regardless of its size or influence.

The lack of enforcement powers for Congress under the Articles of Confederation led to a sense of crisis and instability in the young nation. James Madison, Alexander Hamilton, and George Washington feared that their country was on the brink of collapse due to the inability of the central government to address pressing issues. This prompted calls for a convention of state delegates to revise the Articles and strengthen the power of the central government.

The Constitutional Convention assembled in Philadelphia in May 1787, with General George Washington elected unanimously as its president. The convention was tasked with drafting a new constitution that would address the shortcomings of the Articles of Confederation and create a more robust and effective central government. The convention resulted in the creation of the United States Constitution, which granted Congress various powers, including the power to enforce legislation and regulate interstate commerce.

The enforcement provisions contained in constitutional amendments extended Congress's powers beyond those originally enumerated in Article One, Section 8. Amendments such as the Thirteenth, Fourteenth, and Fifteenth granted Congress the power to enforce legislation protecting the rights of newly emancipated African Americans and banning racial discrimination in public accommodations. These amendments played a crucial role in shaping the country's civil rights legislation and strengthening Congress's authority.

The Articles didn't address slavery

The Articles of Confederation, America's first constitution, gave the Confederation Congress the power to make rules and request funds from the states, but it had no enforcement powers, couldn't regulate commerce, or print money. The Articles did not address slavery, and this was a significant omission.

The framers of the Constitution believed that concessions on slavery were necessary to gain the support of southern delegates for a strong central government. They were convinced that if the Constitution restricted the slave trade, southern states like South Carolina and Georgia would refuse to join the Union. By avoiding the slavery issue, the framers sowed the seeds for future conflict. Thurgood Marshall, the first African American to sit on the Supreme Court, said on the 200th anniversary of the Constitution's ratification that it was "defective from the start" because it laid the foundation for tragic events by omitting a majority of Americans from its scope.

The word "slave" does not appear in the Constitution, but slavery received important protections in the form of four clauses that indirectly addressed the issue. The Three-Fifths Clause in Article I, Section 2, counted three-fifths of a state's slave population when apportioning representation, giving the South extra representation in the House of Representatives and extra votes in the Electoral College. Some argued that this gave greater power to the southern states, but Frederick Douglass believed it encouraged freedom by giving "an increase of 'two-fifths' of political power to free over slave states." The second clause, the Importation Clause (Article I, Section 9), prevented Congress from banning the slave trade for 20 years. The third clause, the Slave Insurrection Clause (Article I, Section 8), gave the chief executive the power to suppress slave insurrections, but Frederick Douglass argued it was a general statement about maintaining law and order. Finally, Article IV, Section 2, the Fugitive Slave Clause, provided for the return of fugitive slaves from the North to the South, which only made sense in a country where half the states either banned slavery or were moving in that direction.

The framers consciously avoided using the word "slave," referring instead to "persons." Many of them harbored moral qualms about slavery, and some, like Benjamin Franklin and Alexander Hamilton, became members of anti-slavery societies. However, about 25 of the 55 delegates to the Constitutional Convention owned slaves, and John Rutledge of South Carolina forcefully argued that unless regulation of the slave trade was left to the states, the southernmost states "shall not be parties to the union."

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