Constitution Debates: Key Arguments And Their Impact

The creation of the US Constitution was a long and arduous process, with many debates taking place over four hot and muggy months in 1787. The 55 delegates debated representation in Congress, the powers of the president, the slave trade, and a bill of rights. The question of how to elect the president and the members of the two houses of Congress also provoked intense debate, as did the length and limits of presidential terms. The delegates also discussed the federal government's ability to overrule state laws, and the economy of the Southern states, which depended on agricultural products produced by slaves. The result of these debates was a governing document that has functioned effectively for more than 200 years.

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Representation in Congress

The debates over the US Constitution were centred on the federal principle of balancing national and state powers. One of the major issues discussed was representation in Congress.

In 1781, during the Revolutionary War, the 13 states agreed to establish a new central government under the Articles of Confederation and Perpetual Union. This was a confederation of states, with each state retaining its sovereignty, freedom, and independence. The central government was weak, consisting of a single-house Congress, with each state having one vote. There was no executive or judiciary, and Congress had no power to regulate trade or levy and collect taxes.

By 1787, the debts from the war had piled up, and the weaknesses of the Confederation and state governments were becoming apparent. Many states had fallen behind in payments, and economically, the individual states competed against each other. They issued their own currencies and levied taxes on each other's goods.

The delegates from Virginia, including James Madison, drafted a plan—the Virginia Plan—which laid out a new instrument of government. The plan provided for three separate branches of government: legislative, executive, and judicial. The legislative branch would consist of two houses, with the first house elected by the people of each state and the second elected by the first house from a list created by the state legislatures.

A debate arose over how to elect the members of the two houses of Congress. The convention debated this issue for half the summer. Eventually, a compromise was reached, and on September 17, 1787, the US Constitution was produced, replacing the Articles of Confederation. The Constitution provided for a bicameral legislature, with representation in the lower house based on population and equal representation for each state in the upper house.

Powers of the president

The powers of the president are outlined in Article II of the US Constitution. This article establishes the executive branch of the government, with the president at its head. The president's powers and duties include:

• Executing federal law: The president is responsible for ensuring that the laws of the United States are faithfully executed. This includes signing bills into law, appointing federal officers, and overseeing the executive branch departments and agencies.
• Commander-in-chief: The president is the commander-in-chief of the armed forces, which means they have the power to direct the military and make important national security decisions. This includes declaring war, deploying troops, and negotiating treaties with foreign powers.
• Foreign affairs: The president has a significant role in conducting foreign policy. They can recognize foreign governments, receive foreign diplomats, and negotiate and sign treaties (although treaties require Senate approval). The president can also appoint ambassadors and other public ministers with the advice and consent of the Senate.
• Veto power: The president has the power to veto any bill passed by Congress. This means they can prevent a bill from becoming law by returning it to Congress, who can then override the veto with a two-thirds majority vote in both houses.
• Pardon power: The president has the power to grant reprieves and pardons for offences against the United States, except in cases of impeachment. This means they can commute or pardon sentences, and even grant full pardons before any criminal proceedings have taken place.
• State of the Union: The president is required to give the Congress information on the State of the Union and recommend measures they deem necessary and expedient.

While the Constitution grants significant powers to the president, it also includes important checks and balances to prevent the abuse of power. The president's actions are scrutinized and balanced by Congress and the judiciary, ensuring a separation of powers and protecting against the concentration of power in any one branch of government.

Electing the president

The election of the president was one of the most contentious issues during the drafting of the US Constitution. The method of electing the president was a major point of debate among the Framers. The Convention considered several options, including election by Congress, election by the people, and election by special electors.

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Slave trade

One of the most contentious issues during the drafting of the US Constitution was the institution of slavery and its place in the new nation. The slave trade was a deeply divisive issue, with economic, moral, and social implications that were hotly debated by the Founding Fathers.

The Three-Fifths Compromise was one of the most significant debates surrounding the slave trade. This compromise was an agreement on how to count slaves for the purposes of representation in Congress and taxation. Southern states wanted slaves to be counted as whole persons to increase their representation in Congress, while Northern states argued that slaves, being denied the rights of citizens, should not be counted at all. The compromise agreed that each slave would be counted as three-fifths of a person. This compromise was a source of tension as it implied that slaves were less than human and it also gave Southern states, with large slave populations, greater representation in Congress.

Another key debate was over the importation of slaves and the international slave trade. The Constitution included a clause that prevented Congress from banning the importation of slaves until 1808, and also stated that any escaped slaves were to be returned to their owners. This was a concession to Southern states, who relied heavily on slave labour and wanted to continue the slave trade. Many Northern states, on the other hand, were moving towards abolition and wanted to end the trade immediately. This debate highlighted the economic dependence on slavery in the South and the moral opposition to it in the North.

The Fugitive Slave Clause, or Article IV, Section 2, Clause 3, was another point of contention. This clause required that fugitive slaves be returned to their owners, even if they had escaped to a free state. This caused outrage among abolitionists and those in the North, who saw it as a violation of personal liberty and an infringement on the rights of states to make their own laws regarding slavery.

Additionally, there was disagreement over the status of slavery in new states and territories. As the nation expanded westward, the question arose as to whether slavery would be permitted in these new states. The Missouri Compromise of 1820 was an attempt to address this issue, admitting Missouri as a slave state and Maine as a free state, and

Federal vs state powers

Federalism, or the division of powers between national and regional governments, has been a source of enduring debate in the United States. This debate centres on the question of state versus federal powers, and the interpretation of the US Constitution.

The Articles of Confederation, which served as the country's first constitution, granted significant power to the 13 states and very little to Congress, resulting in a weak central government. In 1787, state delegates met to draft a new constitution, aiming to establish a more balanced federalist system. This new constitution, however, did not fully resolve the tensions between state and federal powers.

James Madison, in the Federalist Papers, wrote that the Constitution grants "few and defined" powers to the federal government, while giving states "numerous and indefinite" powers. At the same time, Article VI of the Constitution established the supremacy of US laws over state laws, creating an inherent tension in the interpretation of federal versus state authority.

The Tenth Amendment, part of the Bill of Rights, was proposed to protect state powers. It states, "The powers not delegated to the United States by the Constitution, nor prohibited by it to the states, are reserved to the states respectively, or to the people." This amendment recognises state governments and their reserved powers, but the extent of these powers and the true meaning of the amendment remain a subject of debate.

The Supreme Court plays a crucial role in defining the powers of the federal and state governments, ruling on the constitutionality of federal and state laws. The "Necessary and Proper Clause" in Article 1, Section 8, gives the federal government implied powers to carry out its duties, while the "Supremacy Clause" in Article VI ensures that federal laws take priority over conflicting state laws.

Throughout US history, power struggles between the federal and state governments have persisted. Recent examples include debates over immigration, healthcare, and the legalisation of marijuana, where states have challenged or attempted to exert their authority independently of federal laws and mandates.

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