How The Us Constitution Came To Be

The delegates of the Constitutional Convention, also known as the Philadelphia Convention, decided to write a new constitution, the United States Constitution, between May 25 and September 1787. The convention was held to amend the Articles of Confederation, which had proven ineffective in meeting the needs of the newly formed nation. However, the delegates soon began considering measures to replace the Articles, and the convention ultimately resulted in the proposal and creation of a new form of government. The new constitution established a federal government with more specific powers, including the authority to conduct relations with foreign governments. The drafting of the constitution was a lengthy process, involving debates and compromises on various issues, such as the role of the executive, the method of representation, and the issue of slavery. The final document was a mixture of Madison's original national constitution and the desired federal constitution sought by many of the delegates. The constitution was ratified in 1789, and it has served as the basis of the United States Government ever since.

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The delegates debated the role of the executive

The delegates at the Constitutional Convention of 1787 debated the role of the executive extensively. They agreed that some kind of executive office was necessary, but there were differing opinions on the specific design and powers of the executive branch. One of the most challenging aspects was creating the office of the presidency and defining its characteristics and powers.

Some delegates were hesitant to create an independent executive, recalling the recent tyranny of the English King and fearing the reinstitution of monarchy. They wanted to ensure that the president would not become an elected monarch and that sufficient limitations were in place to prevent the abuse of power. Others believed that an energetic and independent executive was crucial for the national government to effectively fulfil its responsibilities, such as promoting the security and stability of the Union.

A key issue was whether to divide executive power among three people or vest the power in a single chief executive, who would be called the President. The delegates also debated how a president would be elected, with some wanting Congressional election for a long term without reelection, while others favoured direct election by the people for a shorter term with no term limits. A compromise was eventually reached, agreeing to a four-year term by electors chosen by state legislatures, with no restrictions on reelection.

The delegates also discussed the length of a presidential term and the number of allowable terms, with James McClurg of Virginia proposing a lifelong term "during good behaviour" to protect the executive's independence. However, this was rejected as too similar to monarchy. They decided that legislative impeachment would be the method of removing an unfit president, mirroring the process used by the British Parliament to depose the king's ministers.

Another point of contention was the election of judges, with delegates divided over whether judges should be chosen by the legislature or the executive. The delegates also debated the Council of Revision, with Wilson and Alexander Hamilton of New York disagreeing with the mixing of the executive and judicial branches. They advocated for the president to have an absolute veto to guarantee independence from the legislative branch.

The Connecticut Compromise

The delegates of the Constitutional Convention of 1787 assembled at Independence Hall in Philadelphia between May 25 and September 17, 1787, to draft a new constitution. The convention's initial mandate was to amend the Articles of Confederation, which had been ineffective in meeting the needs of the young nation. However, the delegates soon began considering measures to replace the Articles, including a proposal for a bicameral (two-house) Congress with proportional representation based on state population.

The compromise provided for a bicameral federal legislature with a dual system of representation. In the upper house, or Senate, each state would have equal representation, with each state having two members or senators. In the lower house, or House of Representatives, each state would have proportional representation based on its population. This compromise addressed the disagreement between delegates from small and large states regarding the apportionment of representation in the federal government.

The protection of slavery

The delegates of the Constitutional Convention assembled at Independence Hall in Philadelphia between May 25 and September 17, 1787, to draft the Constitution of the United States. The Constitution, which superseded the Articles of Confederation, became the supreme law of the United States of America on March 4, 1789.

The Three-Fifths Clause

The Three-Fifths Clause, or the "Three-Fifths Compromise," was included in Article 1, Section 2, Paragraph 3 of the Constitution. This clause provided that apportionment of representatives in the House of Representatives would be based on the population of free persons, excluding "Indians not taxed," and counting "three-fifths of all other persons." The "other persons" referred to enslaved African individuals, who comprised around a third of the population of the Southern states. This clause gave Southern states with large slave populations greater representation in the House of Representatives, as slaves were counted as three-fifths of a person for representation purposes.

The Slave Trade Clause

The Slave Trade Clause, also known as the Importation of Persons Clause, is found in Article 1, Section 9, Clause 1 of the Constitution. This clause prohibited the federal government from banning the importation of "persons" for a period of 20 years after the Constitution took effect. While the word "slave" is not used in this clause, it was understood to refer primarily to the importation of enslaved African individuals. This clause was a compromise between the Southern states, where slavery was a vital part of the economy, and the states where slavery had been abolished or was under contemplation.

Fugitive Slave Clause

The delegates also debated the inclusion of a fugitive slave clause, which required the return of escaped slaves to their owners, even if they had fled to states where slavery had been abolished. This clause further protected slavery by ensuring that slaves who escaped to free states could be recaptured and returned to their owners.

Representation in the Senate

The Connecticut Compromise, also known as the Great Compromise, proposed a Congress with proportional representation in the lower house (the House of Representatives) and equal representation in the upper house (the Senate), with each state having two senators. This compromise gave the Southern states, with their large slave populations, equal representation in the Senate, further protecting the interests of slavery.

These provisions in the Constitution demonstrate how the protection of slavery was a significant consideration during the drafting of the document. While the Constitution did not use the explicit word "slavery," these clauses and compromises ensured that the institution of slavery was preserved and protected in the United States for several decades.

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The method of selecting the Senate

The delegates of the Constitutional Convention, which assembled at Independence Hall in Philadelphia between May 25 and September 17, 1787, decided to write a new constitution to supersede the Articles of Confederation, which had proven ineffective. The convention was initially mandated to amend the Articles of Confederation, but the delegates quickly moved to replace them. The new constitution would establish a federal government divided into three branches: the legislative, the executive, and the judicial.

On June 7, 1787, the delegates unanimously decided that state legislatures would choose senators. This decision was based on the Articles of Confederation, which stated that delegates to Congress were to be "annually appointed in such a manner as the legislature of each state shall direct." However, states chose a variety of methods to elect their senators. Seven states elected their senators by joint ballots in their two houses, while single-house legislatures in Pennsylvania and Georgia elected their delegates by ballot.

In 1913, following the ratification of the Seventeenth Amendment, the method of selecting senators changed. Since then, senators have been elected through a statewide popular vote, with each state holding elections for senators simultaneously with elections for the House of Representatives. In most states, the nominee may receive only a plurality, while some states require a runoff if no majority is achieved.

In summary, the method of selecting the Senate has evolved from being chosen by state legislatures to direct election by the people through statewide popular votes, with each state determining the specific method of election.

The powers of the federal government

Legislative Branch

The Constitution established a bicameral legislature, consisting of the House of Representatives and the Senate. The House provided representation based on state population, while the Senate gave each state equal representation with two senators each. This balance ensured that both large and small states had a voice in the legislative process. The legislative branch was intended to be a powerful body, responsible for important matters such as treaty ratification.

Executive Branch

The delegates also created an executive branch, headed by the President. They debated the role and powers of the executive, including the method of election, term limits, and grounds for impeachment. The President was to be native-born and could serve multiple terms. The executive branch was responsible for routine matters and conducting foreign relations, although treaty ratification remained with the legislative branch.

Judicial Branch

The Constitution established a judicial branch, consisting of the Supreme Court and other federal courts. The method of appointing judges was a point of contention. The judicial branch was intended to be a check on the power of the other branches, providing a system of checks and balances within the federal government.

Foreign Affairs

The federal government was given specific powers related to conducting relations with foreign governments. This was a significant shift from the Articles of Confederation, which struggled to effectively manage foreign policy. The executive branch took on many responsibilities for foreign affairs, although key powers, such as treaty ratification, were retained by the legislative branch.

Checks and Balances

The framers of the Constitution designed a system of checks and balances to ensure that no single branch of government became too powerful. Each branch had specific powers and responsibilities, and they worked together to prevent the concentration of power in any one branch. This system aimed to protect against abuse of power and promote a balanced approach to governance.

The drafting of the US Constitution was a complex and contentious process, involving intense debates and compromises. The powers granted to the federal government were carefully considered to address the challenges faced under the Articles of Confederation and establish a more effective and stable system of government.

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