Key Issues At The Heart Of The Constitution

The Constitutional Convention, held in Philadelphia in 1787, was convened to address the weaknesses of the central government under the Articles of Confederation. Fifty-five delegates from 12 states participated in the convention, debating key issues such as representation in Congress, state versus federal powers, executive power, slavery, commerce, and the absence of a bill of rights. The convention culminated in the creation of the United States Constitution, which established a federal government with more specific powers, including the authority to conduct foreign relations. The delegates crafted a model of government with checks and balances, dividing power among the legislative, executive, and judicial branches. The convention also witnessed the emergence of the Electoral College as the method of selecting the president, addressing concerns about executive power. The debates and compromises at the Constitutional Convention laid the foundation for the United States government and continue to shape the nation's political landscape.

Explore related products

The Constitutional Convention: A Narrative History from the Notes of James Madison (Modern Library Classics)

$12.95 $22

The Summer of 1787: The Men Who Invented the Constitution (The Simon & Schuster America Collection)

$11.29 $19.99

Notes of Debates in the Federal Convention of 1787

$35 $34.99

The Anti-Federalist Papers and the Constitutional Convention Debates (Signet Classics)

$8.32 $8.95

1787: The Grand Convention

$15.65 $28.95

Debates in the Federal Convention of 1787 by James Madison, a Member

$0.99 $99

Representation in Congress

The issue of representation in Congress was one of the most contentious at the Constitutional Convention. The 55 delegates—all of whom are considered the Framers of the Constitution—were divided between large and small states, with the former advocating for representation based on population and the latter arguing for equal representation by state. This dispute was eventually resolved through the ""Great Compromise"" or the ""Connecticut Compromise,," which established a bicameral legislative branch.

Under this compromise, each state would be equally represented in the Senate, with two delegates, while representation in the House of Representatives would be based on population, with each state having at least one representative. This solution addressed the small states' fear of being ignored in favour of the larger states, while also recognising the larger states' belief that their more substantial populations warranted a stronger voice in Congress.

The "Great Compromise" was proposed by Connecticut's Roger Sherman, who asserted that the smaller states would never agree to the Constitution without equal suffrage in the Senate. The proposal was met with opposition from some small-state delegates, who continued to argue for proportional representation in the Senate. However, a tie vote on July 2, 1787, opened the possibility for compromise, and the Convention appointed a ""Grand Committee"" to reach a final resolution.

The "Three-Fifths Compromise" was another critical aspect of representation in Congress, addressing the contentious issue of whether slaves would be counted as part of the population for determining congressional representation. This compromise, part of the Connecticut Compromise, stated that three-fifths of enslaved people in each state would count towards representation, significantly increasing the number of congressional seats in several Southern states.

Federal vs state powers

Many delegates believed that the federal government should be able to overrule state laws, but others feared that a strong central government would oppress its citizens. Some states were in favour of a strong central government, while others were opposed. The convention debated how much power should be given to the federal government, with the final Constitution creating a system of checks and balances to ensure that no one branch became more powerful than another.

The legislative branch was given the power to make laws, while the executive branch would provide leadership and enforce laws, and the judicial branch would interpret laws. The legislative branch was further divided into two houses: the House of Representatives, which was apportioned by population, and the Senate, which represented the states equally. This "Great Compromise" aimed to balance the interests of large and small states.

The federal government was also given specific powers in relation to foreign affairs, including the authority to conduct foreign relations and pass legislation concerning foreign commerce. However, important powers, such as treaty ratification, remained with the legislative branch, with the two-thirds clause for ratification of treaties in the Senate allowing the South a greater voice in these matters.

Executive power

The issue of executive power was a major topic at the Constitutional Convention in Philadelphia in 1787. The convention addressed the Virginia Plan, which called for a national executive with "a general authority to execute the national laws". The delegates agreed on the need for a separate executive independent of the legislature, and that this executive would be called the "president".

There was disagreement over the manner of electing the executive. Some wanted the president to be elected by Congress for a long term but be ineligible for re-election. Others favoured direct election by the people for a shorter term with no term limits. A compromise was eventually reached, with the president to be elected for a four-year term by electors chosen in a manner prescribed by the state legislatures.

There was also debate over the president's power to veto laws passed by Congress. Some wanted the president to have an absolute veto to guarantee their independence from the legislative branch. Others opposed this, remembering how colonial governors had used their veto to "extort money" from the legislature. A compromise was again reached, with the president given a limited veto power that could be overridden by Congress.

The delegates also discussed the specific powers of the executive branch. They agreed that the executive would have the authority to conduct foreign relations, although important powers such as treaty ratification would remain with the legislative branch.

Explore related products

Madison’s Hand: Revising the Constitutional Convention

$26 $26

Debates and Proceedings of the Constitutional Convention of the State of Delaware

$32.32

The Constitutional Convention of 1787: Constructing the American Republic (Reacting to the Past™)

$19.99 $32.5

Decision in Philadelphia: The Constitutional Convention of 1787

$18 $18

The Records Of The Federal Convention Of 1787, Issue 2

$32.95

Reclaiming America: through Single Issue Federal Conventions

$19.95

Commerce

Under the Articles of Confederation, Congress lacked the authority to regulate commerce, which resulted in challenges in standardising trade between states and foreign nations. This issue was deemed crucial, as it impacted the country's economy and international relations. James Monroe, a delegate, stressed the need for increased congressional power over commerce, and a committee was formed to investigate the matter. However, the states were reluctant to grant Congress this authority, highlighting the complexity of the issue.

The delegates at the Constitutional Convention debated the role of the federal government in commerce and sought to balance the interests of the Northern and Southern states. The Southern states relied heavily on the importation and sale of enslaved people, while the Northern states wanted to end this practice. The delegates ultimately agreed to the "Commerce Compromise", which allowed tariffs on imports but not on exports, addressing the concerns of both regions. This compromise also dictated that the federal government would regulate interstate commerce, granting it more authority in commercial matters.

The Constitutional Convention also discussed the role of the executive branch in foreign relations. While the Articles of Confederation provided for a weak executive, the convention's delegates recognised the need for a stronger executive branch to address foreign affairs effectively. This included granting the president the authority to conduct foreign relations and manage routine paperwork, alleviating the burden on the legislative branch.

The delegates at the Constitutional Convention grappled with the complexities of commerce, seeking to balance state interests while strengthening the federal government's ability to regulate trade and conduct foreign relations. Their debates and compromises laid the foundation for the United States Constitution, shaping the country's approach to commerce and international affairs.

Slavery

Representation of slaves

The first major argument about slavery at the convention was about representation in a national Congress. Southern delegates wanted enslaved people to count the same as free people, arguing that it was "nothing more than justice". Northern delegates disagreed, not wanting to count the enslaved at all. This issue was important because it would determine political power in Congress. The convention eventually settled on the Three-Fifths Compromise, which stated that three enslaved persons would count for every five free persons for representation purposes.

Slave trade

The convention also debated whether to allow the importation of enslaved people from outside the United States, including directly from Africa. The Committee of Detail report of August 6 banned the national government from interfering with the slave trade. Gouverneur Morris of Pennsylvania proposed changing the wording from "importation of such persons" to "importation of slaves", explicitly naming Georgia and North and South Carolina as the importing states. However, the final Constitution did not contain the word "slave", and the Three-Fifths Compromise did not validate slavery nationally.

Fugitive slaves

Another issue discussed was that of fugitive slaves, as northern emancipations meant that enslaved people might flee to free states in search of freedom. The convention considered a motion to require "fugitive slaves and servants to be delivered up like criminals" but faced opposition from northern delegates. The Fugitive Slave Clause was eventually included in the Constitution, stating that "No Person held to Service or labor in one State, under the Laws thereof, escaping into another...".

Frequently asked questions