Eleanor Finch
The creation of the U.S. Constitution was a long and complex process, with many debates and discussions shaping the final document. One of the most significant debates was between the Federalists and the Anti-Federalists, who disagreed over the role of the national government and the protection of individual rights. The Federalists supported a stronger national government with greater congressional powers, while the Anti-Federalists feared a betrayal of the principles of the American Revolution and argued for a Bill of Rights to protect essential liberties. Other key debates included the Three-Fifths Compromise, which addressed how slaves would count towards a state's population, and the question of whether the new federal government could ban the importation of enslaved people. The delegates also discussed the role and powers of the executive branch and the method of representation in the legislature. These debates reflected the regional differences between the member states and the challenges of forming a unified nation.
| Characteristics | Values |
|---|---|
| Deputies chosen by | Legislatures of the different states |
| State that didn't send deputies | Rhode Island and Providence Plantations |
| Date of first Supreme Court session | February 2, 1790 |
| Number of states required for ratification | Nine |
| States that ratified the Constitution | Delaware, Pennsylvania, New Jersey, Georgia, Connecticut, Massachusetts, Maryland, South Carolina, New Hampshire, Virginia, and New York |
| Number of words in the Constitution | 4,543 |
| Number of words in the Declaration of Independence | 1,458 |
| Number of words in the Farewell Address | 7,641 |
| Supporters of the Constitution | Federalists |
| Opponents of the Constitution | Anti-Federalists |
| Key issues in the development of the Constitution | Representation, checks and balances, federal versus state powers, and the Bill of Rights |
| Items not debated during the Constitutional Convention | Means to determine representation in the legislature, role and powers of the executive branch |
| Compromises during the Constitutional Convention | "Three-Fifths" compromise, subordination of state laws to federal laws, bicameral legislature |
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What You'll Learn
Federal vs state powers
Federalism is a system of government that divides power between national and regional governments. In the United States, this means sharing power between the federal government and the individual state governments.
The US Constitution establishes a federalist system, with powers divided between federal and state authorities. The Tenth Amendment to the US Constitution, ratified in 1791, is crucial to dividing federal and 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 limits the federal government to the specific powers outlined in the Constitution, with states holding any power that the Constitution has not assigned to the federal government or disallowed.
The US Supreme Court plays a significant role in defining these powers when it tests whether federal laws are constitutional. The Court's decisions have expanded and restricted federal authority over time. For example, during the American Civil War, the Court expanded federal powers, whereas in the late 1800s and early 1900s, it shifted some powers back to the states. The New Deal of the 1930s strengthened federal authority once more, and changes in the 1980s again returned certain powers to the states.
The federal government also holds powers that are not explicitly listed in the Constitution but are necessary to carry out its functions. According to Article 1, Section 8: "The Congress shall have Power… to make all Laws which shall be necessary and proper for carrying into Execution the foregoing Powers, and all other Powers vested by this Constitution in the Government of the United States, or in any Department or Officer thereof."
The division of powers between the federal and state governments is not always clear-cut, and there has been a constant struggle between the two levels of government throughout US history.
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Slavery and representation
The Three-Fifths Compromise was a central debate during the Constitutional Convention, concerning the representation of slaves in each state. The compromise stated that three-fifths (60%) of enslaved people would count towards congressional representation, increasing the number of congressional seats in several states, particularly in the South. This gave the South extra representation in the House of Representatives and extra votes in the Electoral College.
The Three-Fifths Clause was a concession to the South, which had wanted five-fifths representation. However, it was seen as a defeat for the region in the Convention, as it did not validate slavery nationally. Instead, it supported the concept of "freedom national, slavery local", with slavery remaining under state and local law. The Framers of the Constitution believed that concessions on slavery were necessary to gain the support of southern delegates for a strong central government.
The Three-Fifths Compromise was not the only clause in the Constitution that addressed slavery. The Fugitive Slave Clause, for instance, stated that runaway slaves had to be returned to their owners, while the Importation Clause prevented Congress from banning the slave trade for 20 years.
The Constitution's stance on slavery has been a subject of controversy. Some, like abolitionist William Lloyd Garrison, viewed it as a pro-slavery document, while others, like abolitionist Frederick Douglass, believed it to be anti-slavery. Abraham Lincoln contended that the Constitution put slavery "in the course of ultimate extinction", a view that has been scrutinized given the persistence and growth of slavery post-Constitution.
The Framers of the Constitution, including James Madison, criticized slavery and believed it contradicted the natural rights of all. Many Framers had moral qualms about slavery, and some joined anti-slavery societies. The "Three-Fifths" compromise was an attempt to balance these moral qualms with the political reality of needing support from southern delegates.
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Role of the executive branch
The Executive Branch of the United States government is one of the three coequal branches of government, alongside the legislative and judicial branches. The Executive Branch is responsible for enforcing the laws created by the legislative branch.
Article II of the U.S. Constitution establishes the Executive Branch, with the federal executive power vested in the President of the United States. The President is the head of state, head of government, and Commander-in-Chief of the armed forces. The President is responsible for executing and enforcing the laws written by Congress, and appoints the heads of federal agencies, including the Cabinet. The President has the power to sign legislation into law or veto bills, although Congress can override a veto with a two-thirds majority in both houses.
The President is elected for a four-year term by electors chosen by state legislatures. The Vice President is also part of the Executive Branch and assumes the Presidency if necessary. The duties of the Vice President are at the discretion of the President, and they may take on a specific policy portfolio or serve as a top adviser.
During the drafting of the Constitution, there was debate over the role of the Executive Branch and the President. Some favoured a plural executive to prevent the reinstitution of a monarchy, while others preferred a single executive. There were also disagreements over the manner of electing the President, with some wanting election by Congress for a long term without reelection, and others favouring direct election by the people for a shorter term with no term limits. Federalists argued that the President would be accountable to the people and Congress, and could be impeached for committing crimes. Antifederalists charged that the President would become an elected monarch and that the presidential veto power would be abused.
The Executive Branch's power is balanced by Congressional oversight and the system of checks and balances, preventing it from overpowering the other branches of government.
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Separation of powers
The separation of powers is a well-known concept derived from the text and structure of the US Constitution. The principle holds that the federal government's three basic functions should be exercised by three separate and independent branches: the legislative, executive, and judicial.
The Framers of the Constitution, influenced by their experience with the British monarchy, believed that concentrating governmental powers in a single entity would lead to arbitrary and oppressive rule. James Madison, in Federalist No. 48, warned that the "accumulation of all powers, legislative, executive, and judiciary, in the same hands [...] may justly be pronounced the very definition of tyranny."
To prevent this, the Constitution divides governmental power among the three branches. The Legislative Power is vested in Congress, which consists of the Senate and the House of Representatives. The Executive Power is given to the President, and the Judicial Power rests with the Supreme Court and any lower courts created by Congress.
This system of checks and balances ensures that each branch has its own authority and can check the powers of the other two. For example, Congress can override a president's veto and has the power of impeachment, while the Supreme Court can determine whether a federal law conflicts with the Constitution, as seen in Marbury v. Madison (1803).
The separation of powers is deeply ingrained in American political culture. Even when this system thwarts the public will or slows down the political process, Americans have defended it as a safeguard against tyranny and a protector of individual liberty.
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Checks and balances
> "It is by balancing each of these powers against the other two, that the efforts in human nature toward tyranny can alone be checked and restrained, and any degree of freedom preserved in the constitution."
The US Constitution features many checks and balances. For example, bicameralism reduces legislative predominance, while the presidential veto gives the president a means of defending their priorities and preventing congressional overreach. The Senate's role in appointments and treaties also provides a check on the president. The courts are assured independence from the political branches through good-behaviour tenure and security of compensation. Through judicial review, the courts check the other two branches. The impeachment power gives Congress the authority to root out corruption and abuse of power in the other two branches.
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