Reactions To The Constitution: Delegates' Thoughts

The delegates' reactions to the Constitution were mixed. Some, like Washington, Madison, and Hamilton, believed that promoting free commerce across state lines and nationalizing the economy would make America an economic powerhouse. They agreed that Congress should have the power to ban the slave trade, but not for another 20 years. Others were wary of centralized power and loyal to their states, so they created a powerful central government with checks and balances between the legislative, judicial, and executive branches. The delegates also debated representation in Congress, with large states favoring representation by population and small states arguing for equal representation. This was resolved through the “Great Compromise,” which established the House of Representatives and the Senate. The delegates also agreed upon the Electoral College as the method of selecting the president, with the unspoken understanding that George Washington would be the first president.

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Delegates agreed on the Electoral College for electing the president

The delegates' agreement on the Electoral College as the means of electing the president was a compromise between those who favoured selection by Congress and those who preferred a direct nationwide popular vote. The Electoral College was chosen as it allowed for both methods of selection to be implemented to some degree.

The delegates from the southern states objected to a direct popular vote in presidential elections, as this would have given their states less electoral representation. This was due to the large number of non-voting enslaved people in these states, who made up about one-third of the population. The Electoral College applied the Three-Fifths Compromise, which allowed three-fifths of enslaved people to be counted as part of a state’s total population, thereby increasing the voting power of the southern states.

The delegates from the smaller states also favoured the Electoral College, as it guaranteed a minimum of three electors per state, thus increasing their power. The delegates agreed on a total of 538 electors, with a majority of 270 votes required to elect the president. Each state appoints electors using legal procedures determined by its legislature, and these electors then cast their votes for president and vice president.

The Electoral College was also seen as a way to ensure that presidential candidates had broad appeal across the country, rather than focusing on populous areas. However, critics argue that it is not representative of the popular will of the nation, and that it dilutes the political power of voters of colour. The system has been criticised for its racist origins and for incentivising campaigns to focus on "swing states", leading to calls for reform.

The Constitution didn't mention slavery, but it was a central issue

Although the word "slavery" does not appear in the US Constitution, the issue of slavery was a central topic during the debates over commerce and representation. The delegates at the Constitutional Convention in 1787 were tasked with revising the existing government under the Articles of Confederation, which lacked the power to regulate commerce and enforce laws across states.

A key debate centred on the Three-Fifths Compromise, which provided that three-fifths of a state's slave population would be counted towards congressional representation. This compromise gave southern states with large slave populations greater representation in the House of Representatives and the Electoral College. The delegates also discussed whether the federal government should have the power to ban the importation of slaves, with some arguing for federal regulation and others insisting on states' rights.

The framers of the Constitution consciously avoided using the word "slavery", recognising that it would tarnish the document. However, they made concessions to slavery to gain the support of southern delegates for a strong central government. They believed that if the Constitution restricted the slave trade, states like South Carolina and Georgia would refuse to join the Union. Many of the framers had moral qualms about slavery, and some, including Benjamin Franklin and Alexander Hamilton, became members of anti-slavery societies.

While the Constitution did not explicitly mention slavery, it included provisions that implicitly recognised and protected the institution. The Three-Fifths Compromise and the Fugitive Slave Clause, which stated that escaped slaves remained slaves if recaptured, were examples of this. The Constitution's failure to address slavery directly left the seeds for future conflict, as abolitionist William Lloyd Garrison highlighted when he burned the document in 1854, calling it "a covenant with death and an agreement with Hell."

It was not until the Thirteenth Amendment to the Constitution in 1865 that slavery was formally abolished in the United States. This amendment, passed in the wake of the Civil War and President Lincoln's Emancipation Proclamation, stated that "neither slavery nor involuntary servitude, except as a punishment for crime... shall exist within the United States."

Delegates debated the federal government's power over states

The delegates' reactions to the Constitution were varied, and the document was the result of fierce debate and compromise. A central issue at the convention was the question of federal government power over states. The delegates were wary of centralized power and loyal to their states, but they also wanted to create a unified national government. They sought to establish a central government with limited powers while maintaining a distinct sphere of autonomy for state governments.

The delegates debated the idea of a Congress made up of two houses, with one house being the "grand depository of the democratic principle of government." James Madison of Virginia proposed the creation of another house that would be small, deliberative, and independent from the larger, more democratic house. This became the Senate. The characteristics of the Senate, such as representation, the number of senators per state, qualifications, terms of service, and powers, were all debated and carefully crafted through compromise.

The delegates also discussed the proposed nomination clause, which split them into two factions. Some wanted the executive to have the sole power of appointment, while others wanted the national legislature, specifically the Senate, to have that responsibility. Those in favor of a strong executive branch argued that Senate appointments would lead to government by a "cabal," influenced by the interests of constituents.

The delegates further considered the treaty-making power, with some wanting to share this power between the president and the Senate. They unanimously approved a clause stating that the president, with the advice and consent of the Senate, shall have the power to make treaties. However, it was later amended to require the consent of two-thirds of the members present.

Another issue on the agenda was the balance of power between the federal and state governments. Large states favored representation by population, while small states argued for equal representation by state. The "Great Compromise" resolved this issue by establishing the House of Representatives, apportioned by population, and the Senate, which represented the states equally.

The delegates also debated the federal government's authority to ban the importation of enslaved people. They agreed to allow Congress to ban it after 20 years, and this became one of the few clauses in the Constitution that could not be amended.

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The Constitution was controversial, lacking a bill of rights

The Constitution of the United States was signed on September 17, 1787, by 38 delegates, with one additional signature for an absent delegate, bringing the total to 39. The delegates, representing diverse interests and perspectives, crafted a powerful central government, marking a significant departure from the Articles of Confederation. This shift towards centralization was controversial, with Anti-Federalists vehemently opposing the Constitution due to its resemblance to the monarchy they had recently overthrown.

One of the most contentious aspects of the Constitution was its lack of a bill of rights. During the Constitutional Convention, George Mason stood up and proposed including a bill of rights, enumerating the fundamental individual rights that the government could not violate. He believed that such a bill would bring peace and reassurance to the people. Eldridge Gerry supported this proposal, and a motion was made to form a committee to draft a bill of rights. However, the motion was defeated by a vote of 10 to 0, with each state having one vote and only 10 states being present.

The absence of a bill of rights in the Constitution was a significant concern for many. Eight states already had constitutions that included bills of rights, and it was unclear why the motion for a national bill of rights was rejected. The Anti-Federalists, in particular, were opposed to the centralization of power and viewed the lack of a bill of rights as a critical flaw in the Constitution. They fought against its ratification, arguing that a strong central government without a bill of rights to protect individual liberties posed a threat to freedom and could lead to oppression.

The Federalists, on the other hand, believed that a strong central government was necessary to address the nation's challenges. They argued that the Constitution, even without a bill of rights, provided a framework for effective governance and could be amended over time. The ratification process was highly contentious, and the "vote now, amend later" compromise played a pivotal role in securing victory in several states, including Massachusetts.

While the Constitution lacked a formal bill of rights initially, the delegates reached compromises on other key issues, such as representation, state versus federal powers, and slavery. The “Great Compromise" or the "Connecticut Compromise" established equal representation in the Senate and proportional representation in the House of Representatives, addressing the concerns of both large and small states. Additionally, the “Three-Fifths Compromise" influenced congressional representation by counting enslaved people towards population counts, impacting several states, especially in the South.

Delegates agreed on a mixed representation plan for Congress

The delegates to the Constitutional Convention in Philadelphia in 1787 were tasked with revising the existing government, but they ended up creating a completely new one. They represented wildly different interests and views, and their debates covered several major issues, including representation, state versus federal powers, executive power, slavery, and commerce.

One of the most controversial aspects of the drafting of the Constitution was congressional representation. Large and small states fought over representation in Congress, with large states favoring representation by population and small states arguing for equal representation by state. This issue was resolved through the "Great Compromise" or the "Connecticut Compromise", which established the House of Representatives, apportioned by population, and the Senate, which represented the states equally.

The delegates also agreed on a mixed representation plan for Congress, known as the "Sherman Compromise." This proposal, made by Connecticut's Roger Sherman, stated that states should have equal suffrage in the Senate. The motion was initially defeated by one vote. However, the delegates later narrowly adopted a mixed representation plan, giving states equal votes in the Senate while maintaining proportional representation in the House of Representatives.

The delegates also agreed on other aspects of Congress, such as the number of senators per state and the qualifications for members of Congress. They decided on two senators per state and used the term ""inhabitant" instead of "resident" to allow for occasional absences. These decisions reflected the delegates' efforts to balance representation and stability in the Senate and the House of Representatives.

The delegates' agreement on a mixed representation plan for Congress was a significant step in the creation of a stable republic. It addressed the concerns of both large and small states and ensured that the interests of all states were considered in the new government. This compromise was crucial to the broader goal of establishing a powerful central government that could address the challenges facing the young nation.

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