Compromises That Forged The Constitution

The US Constitution, ratified by all 13 states in 1789, is sometimes called a bundle of compromises due to the numerous concessions made by delegates to create a government charter acceptable to each state. These included the Great Compromise, which settled matters of representation in the federal government, and the Three-Fifths Compromise, which determined representation for the enslaved population of southern states. Another compromise concerned tariffs and interstate commerce, with the federal government regulating the former and a two-thirds majority in the Senate required for the latter. The issue of slavery was also central, with Northern states agreeing to wait until 1808 before Congress could ban the slave trade, and the legality of slavery left to the states. Finally, the Electoral College was created to determine how the president would be elected.

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The Great Compromise

In the Senate, or the upper house, each state was to have an equal vote, with each state having two members. This chamber was viewed as representing the states. On the other hand, the lower house, or House of Representatives, provided proportional representation based on a state's population. Each state had one representative for every 40,000 inhabitants, including three-fifths of the state's enslaved population. This house was considered to represent the people.

The Three-Fifths Compromise

Slaveholding states wanted their entire population to be counted to determine the number of Representatives they could elect and send to Congress. Free states, on the other hand, wanted to exclude the counting of slave populations in slave states, since those slaves had no voting rights. The Three-Fifths Compromise counted three-fifths of each state's slave population toward that state's total population for the purpose of apportioning the House of Representatives. This effectively gave the Southern states more power in the House relative to the Northern states.

The 3/5 ratio was proposed by James Madison and seconded by Charles Pinckney. It was originally proposed as an amendment to the Articles of Confederation on April 18, 1783, and was intended to change the basis for determining a state's wealth, and hence its tax obligations, from real estate to population. This proposal was not approved, falling two states short of the unanimous approval required. However, the ratio was later adopted as part of the Three-Fifths Compromise during the Constitutional Convention.

The Electoral College

There have been many proposals to reform or eliminate the Electoral College, with over 700 proposals introduced in Congress over the past 200 years. The American Bar Association has criticized the Electoral College as "archaic" and "ambiguous," and public opinion polls have shown majorities in favor of abolishing it. However, surveys of political scientists have supported its continuation.

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The Fugitive Slave Law

The U.S. Constitution has been called a "bundle of compromises" due to the numerous concessions made by delegates to create a government charter acceptable to all 13 states. One of the most significant compromises was on the issue of slavery, which threatened to divide the country.

Tariffs and interstate commerce

The Northern states wanted the government to be able to impose import tariffs on finished products to protect against foreign competition and encourage the South to buy goods made in the North. They also wanted export tariffs on raw goods to increase revenue for the United States. However, the Southern states feared that export tariffs on their raw goods would hurt the trade they heavily relied upon.

A compromise was reached, known as the Commerce Compromise, which mandated that tariffs were only allowed on imports from foreign countries and not on exports from the U.S. This compromise also dictated that the federal government would regulate interstate commerce, addressing the problems caused by interstate trade barriers. The Commerce Clause of the Constitution granted Congress the power "to regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes".

The Commerce Clause was interpreted to mean that Congress could regulate intrastate activities that significantly impact interstate commerce. This interpretation was supported by the Necessary and Proper Clause, which granted Congress broad powers to address problems among the states that the states could not effectively resolve on their own. However, the power of Congress to regulate commerce was not infinite. According to McCulloch v. Maryland (1819), Congress could not use its commerce power when there was no interstate problem to solve.

In addition to interstate commerce, the Commerce Clause also addressed debtor relief laws. The Contracts Clause of Article I, Section 10 barred states from "impairing the obligation of contracts", allowing Congress to address economic issues caused by state policies. Overall, the Commerce Compromise balanced the interests of the North and the South, allowing tariffs on imports but not on exports.

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