Omar Bennett
The framers of the United States Constitution had two major concerns: protecting minority interests and limiting the powers of Congress. They were aware that majority rule, while the best system of government, was imperfect and could lead to the marginalization of minority groups. The framers also wanted to prevent Congress from abusing its authority and encroaching on the independence of the judiciary. The Constitution, therefore, established a system of checks and balances, with a Supreme Court that could exercise judicial review over the actions of Congress and the executive branch.
| Characteristics | Values |
|---|---|
| Political influence of the voting public | Limited |
| State vs federal powers | Federal government should be able to overrule state laws |
| Executive power | Agreed on the Electoral College as the method of selecting the president |
| Judiciary | Shielded from populist influence |
| Slavery | Three-Fifths Compromise |
| Commerce | Free flow of commerce across state lines |
| Representation | Proportional representation of the House paired with the fixed two senators for each state |
| Fundamental freedoms | Freedom of speech, due process of law, free exercise of religion, equal protection of laws, protection from cruel and unusual punishment |
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What You'll Learn
The relative political influence of the voting public
The framers of the US Constitution were concerned about the relative political influence of the voting public. They were aware of the dangers of majority rule, such as the potential for political majorities to enact laws that serve their interests at the expense of minorities. The framers also recognised that in times of crisis, people may be willing to sacrifice fundamental freedoms and that prejudice and intolerance may lead to the needs and interests of minorities being overlooked. To address these concerns, the framers intended for the courts to play a central role, acting as a "legal check" on the power of the majority.
The framers also considered how to protect the judiciary from populist influence. They established a nationwide system of courts, including the US Supreme Court, to safeguard the interests of the federal government. Federal judges were granted tenure and protection from salary diminution to ensure their political independence.
The framers' views on the relative political influence of the voting public were shaped by their concerns about the power of state governments and the impact of popular demands on policy-making. They believed that state governments could pose a threat to individual liberties and that the influence of the voting public needed to be balanced by a strong federal government.
For example, state politicians responded to their constituents' demands by passing debt relief measures that were popular with debtor farmers but were opposed by the propertied and creditor classes, including some of the framers. The framers saw this as a "political problem" that interfered with their belief in the role of government to protect property rights.
Additionally, the framers sought to limit the direct influence of the voting public on the selection of the president. The Electoral College was established as a compromise to address concerns about executive power and to ensure a balanced approach to governance.
Overall, the framers recognised the importance of balancing the political influence of the voting public with checks and balances to protect the rights of minorities and ensure a stable and effective government. They sought to create a system that promised liberty while also limiting the potential excesses of majority rule.
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The power dynamic between federal government and states
The power dynamic between the federal government and the states was a key concern for the framers of the US Constitution. The Articles of Confederation, which served as the original framework for the US government, had granted significant power to the individual states. However, the framers of the Constitution sought to address what they saw as deficiencies in this system.
One of the primary issues was economic. Under the Articles, states competed against each other economically, issuing their own currencies and taxing each other's goods. This led to economic fragmentation and hindered the nation's overall economic growth. Framers like Washington, Madison, and Hamilton believed that a unified national economy, with the free flow of commerce across state lines, would make America an economic powerhouse.
Another concern was the relative political influence of the voting public through their control over state governments. The framers wanted to limit the power of state governments, which were seen as too susceptible to the will of the majority. They understood that political majorities might enact laws that entrenched their authority or infringed on the rights of minorities. To address this, the Constitution established a system of checks and balances, with an independent judiciary playing a central role in safeguarding against abuses of power by the majority.
The framers also debated the extent to which the federal government should have the power to overrule state laws. While some delegates believed the federal government should have this authority, others feared that a strong central government could lead to oppression. This tension resulted in a compromise, with the Constitution granting certain powers to Congress while leaving others to the states, creating a federalist system.
The specific details of representation in Congress were also a point of contention. Large states favoured representation by population, while small states argued for equal representation. The "Great Compromise" resolved this by establishing the House of Representatives, apportioned by population, and the Senate, where each state had equal representation. This compromise, however, made the US Senate "the most malapportioned legislative body in the world."
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The protection of fundamental freedoms
To address these concerns, the framers intended for the courts to play a central role. They established a nationwide system of federal courts, including the US Supreme Court, to protect the interests of the federal government and interpret the Constitution. The framers understood that the judiciary would serve as a "legal check" on the power of the majority, as Thomas Jefferson argued. This is reflected in the Supreme Court's departure from judicial restraint when governing majorities threaten fundamental freedoms, such as in the case of vulnerable groups.
The Constitution defines fundamental freedoms in general terms, including freedom of speech, due process of law, free exercise of religion, equal protection of the laws, and protection from cruel and unusual punishment. These broad principles were intentionally left for future generations to interpret and apply concretely based on their intelligence, judgment, and experience. As Chief Justice John Marshall noted, the Constitution was designed to endure and adapt to the various crises of human affairs.
The framers also considered the protection of economic freedoms. State politicians' debt relief measures, for example, were popular with debtor farmers but criticised by propertied classes, who believed the government's role was to protect property rights rather than redistribute them. The framers aimed to promote the free flow of commerce across state lines and nationalise the economy, believing it would lead to America's economic success. However, they also recognised the need to balance state and federal powers, with some fearing that a strong federal government could lead to oppression.
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The role of the judiciary
The framers of the US Constitution had a two-fold concern about the role of the judiciary. Firstly, they wanted to protect the judiciary from populist influence. Secondly, they wanted to ensure that the judiciary could act as a check on the power of political majorities.
The framers of the Constitution considered how to protect the judiciary from populist influence. The Articles of Confederation provided for no federal courts, but the Constitution authorised a nationwide system of courts, including the creation of a US Supreme Court, to protect the interests of the federal government, particularly in relation to taxation and the enforcement of federal treaties. To safeguard the independence of federal judges, they were given tenure "during good behaviour" and protection from salary diminution.
The framers also wanted the judiciary to play a central role in addressing their concerns about the potential excesses of political majorities. They knew that majority rule was imperfect and that political majorities might be tempted to enact laws that entrenched their authority, restricted fundamental freedoms, and failed to protect the rights of minorities. Thomas Jefferson argued that a bill of rights was necessary, and that it was wrong to assume that political majorities would simply ignore such a bill. Instead, the judiciary could exercise a "legal check" on the power of political majorities.
This role for the judiciary has been reflected in the actions of the Supreme Court, which has departed from judicial restraint when governing majorities have disadvantaged vulnerable groups, restricted constitutionally protected rights, or undermined the constitutional structure of checks and balances. In such cases, the courts have exercised a "more exacting judicial scrutiny" to protect fundamental freedoms and guard against the malfunctions of majority governance that the framers were concerned about.
The framers' views on the role of the judiciary, therefore, continue to inform and guide constitutional interpretation. While the specific rules they created may no longer be applicable in modern times, their general principles and aspirations remain relevant. Interpreting the Constitution in a way that is faithful to the framers' goals is central to principled constitutionalism.
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The issue of slavery
The "Three-Fifths Compromise" was one such compromise, which stated that three-fifths (60%) of enslaved people in each state would count towards congressional representation. This gave several states, particularly in the South, a greater number of congressional seats. This compromise was indicative of the framers' understanding that majority rule was the best system of government, but not without its flaws. They were aware that political majorities might enact laws that served their interests at the expense of minorities.
The framers also debated whether the new federal government should have the power to ban the importation of enslaved people from outside the US, including Africa. They ultimately agreed to allow Congress to ban it after a waiting period of 20 years. This was a significant decision, as it was one of the only clauses in the Constitution that could not be amended. In 1808, the US formally prohibited the international slave trade.
The framers' discussions and compromises on slavery reflected their attempt to balance the interests of different states and groups within the nation. They understood that the Constitution would need to be adapted over time to suit the changing needs of society.
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Frequently asked questions
The framers of the US Constitution had many concerns, but two of the most significant were the issue of majority rule and the role of the judiciary.
The framers believed that majority rule was the best system of government, but recognised its potential flaws. They understood that political majorities might enact laws to consolidate their power and that prejudice could lead to the marginalisation of minorities.
The framers wanted to protect the judiciary from populist influence and ensure its independence. They established a nationwide system of federal courts, with the Supreme Court at its head, to interpret the law and protect the interests of the federal government.
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