Simone Lawson
The United States Constitution established a bicameral legislative branch, consisting of the House of Representatives and the Senate, to address the failures of the previous unicameral Congress under the Articles of Confederation. The Framers of the Constitution aimed to create a powerful legislative body as part of a system of checks and balances, but they also feared that a single legislative body might be too powerful. The idea of a bicameral legislature was influenced by historical models, such as ancient republics and the Parliament of Great Britain, as well as the experiences of the individual states, many of which had established bicameral legislatures after the Declaration of Independence. The Virginia Plan, drafted by James Madison, proposed a bicameral legislature with members of one branch elected by the people and members of the other branch elected by state legislatures, with representation based on state population. This plan was favored by larger states but opposed by smaller states, leading to a compromise known as the Great Compromise. The bicameral structure was intended to provide a check on majority power, ensure stability, and protect the interests of both larger and smaller states.
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What You'll Learn
To create a stable republic
The framers of the U.S. Constitution created a bicameral legislative branch to form a stable republic. The historical context and experiences of the framers informed their decision. For example, ancient republics, which the framers used as models, had two-house legislatures. The Parliament of Great Britain, under which colonists were previously governed, was also bicameral, with the House of Lords representing the hereditary aristocracy and the House of Commons representing freeholders of the land.
The framers of the Constitution wanted to create a powerful legislative body as part of the system of checks and balances, but they feared a single legislative body might be too powerful. They drew on ideas from ancient philosophers and Enlightenment thinkers, who also supported the idea of a bicameral legislature.
At the North Carolina Ratifying Convention on July 24, 1788, William R. Davie spoke of the advantages of a bicameral legislature, stating:
> In order to form some balance, the departments of government were separated, and as a necessary check, the legislative body was composed of two branches. Steadiness and wisdom are better insured when there is a second branch, to balance and check the first. The stability of the laws will be greater when the popular branch, which might be influenced by local views, or the violence of party, is checked by another, whose longer continuance in office will render them more experienced, more temperate, and more competent to decide rightly.
Similarly, future Supreme Court Justice James Iredell articulated the importance of a bicameral legislature for diffusing factional power, stating that "it was the general sense of all America... that the legislative body should be divided into two branches, in order that the people might have a double security." He argued that in a single body, a bare majority could carry out "exceptionable and pernicious measures".
The Virginia Plan, drafted by James Madison, proposed a bicameral legislature consisting of two chambers, one elected by the people of the states and another elected by the first chamber, out of a number of people nominated by the individual state legislatures. This plan was favoured by larger states as it gave each state a vote in Congress based on its population size.
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To limit Congress's power
The creation of a bicameral legislative branch was intended to limit the power of Congress. The Framers of the Constitution aimed to create a powerful legislative body as part of a system of checks and balances, but they feared a single legislative body might be too powerful.
The Framers looked to history and other countries for inspiration, and many of the historical republics they studied had bicameral legislatures. They also drew on the British model of a bicameral Parliament, with the House of Lords representing the hereditary aristocracy and the House of Commons representing the freeholders of the land.
The Virginia Plan, drafted by James Madison, proposed a bicameral legislature with two chambers: one elected by the people and the other elected by the members of the first chamber. This plan was favoured by larger states as it gave each state a vote in Congress based on its population size. The smaller states, however, objected to the Virginia Plan and proposed the New Jersey Plan, which provided for equal representation among the states in a one-chamber legislature.
The Framers of the Constitution ultimately decided on a bicameral legislature as they believed it would lead to more stable and wise governance. As William R. Davie stated at the North Carolina Ratifying Convention in 1788, "steadiness and wisdom are better insured when there is a second branch, to balance and check the first". Similarly, future Supreme Court Justice James Iredell argued that a bicameral legislature was necessary for diffusing factional power and providing "double security" for the people.
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To address the makeup of the legislative branch
The makeup of the legislative branch was a contentious issue that threatened to cause a deadlock during the Constitutional Convention. The Founding Fathers debated two different plans at the Convention. The Virginia Plan, proposed by Virginia Governor Edmund Randolph, suggested that each state should have a different number of representatives based on the state's population. This plan was supported by larger states like Virginia and North Carolina. However, smaller states objected to this plan and proposed the New Jersey Plan, which provided for equal representation among the states in a one-chamber legislature.
The delegates ultimately agreed to the Great Compromise, which established a bicameral legislature with members of one branch elected by the people and members of the second branch elected by the individual state legislatures. This structure aimed to balance the interests of larger and smaller states. The House of Representatives, as the "lower house," would be elected by the people, while the Senate, as the "upper house" or "upper chamber", would be elected by the state legislatures.
The framers of the Constitution believed that a bicameral legislature was crucial for creating and maintaining a stable republic. They drew on ideas from ancient philosophers, Enlightenment thinkers, and their experiences with crafting new state governments. The bicameral structure also addressed the concern of creating a single legislative body with too much power. By having two branches, there would be a check and balance on the legislative power, providing "double security" for the people. This structure would prevent a bare majority from pushing through "exceptionable and pernicious measures" and ensure that the interests of all parts of the community were considered.
The adoption of the Seventeenth Amendment, which resulted in the popular election of the Senate, has altered the dynamics between the House of Representatives and the Senate. However, the basic structure and principles of the bicameral legislature remain in place, continuing to shape the lawmaking process and the functioning of the U.S. government.
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To ensure double security for the people
The creation of a bicameral legislative branch was a significant development in the history of the United States Constitution, and it played a crucial role in ensuring double security for the people.
The concept of a bicameral legislature, comprising two separate chambers or houses, was not a novel idea when the US Constitution was being drafted. In fact, the Framers of the Constitution drew inspiration from historical models, including ancient republics with two-house legislatures and the bicameral Parliament of Great Britain, which consisted of the House of Lords and the House of Commons.
The Virginia Plan, proposed by Virginia Governor Edmund Randolph, played a pivotal role in shaping the structure of the legislative branch. This plan advocated for a bicameral legislature, with one chamber elected by the people and the other elected by the state legislatures. The larger states favoured this plan as it gave them more representation in Congress based on their population size.
However, the smaller states objected to the Virginia Plan and proposed the New Jersey Plan, which suggested equal representation among the states in a one-chamber legislature. The delegates eventually reached a compromise, adopting a bicameral system with the House of Representatives as the lower house and the Senate as the upper house.
The decision to establish a bicameral legislative branch was driven by the desire to provide double security for the people. As future Supreme Court Justice James Iredell articulated during the North Carolina Ratifying Convention, a bicameral legislature serves as a check against the potential excesses of a single body. It prevents a bare majority from pushing through "exceptionable and pernicious measures" that may favour a particular faction or interest group.
Additionally, William R. Davie, also speaking at the North Carolina Ratifying Convention, highlighted the advantages of a bicameral system in promoting steadiness and wisdom in governance. He argued that having two branches creates a balance where one branch can check the other, ensuring that laws are more stable and less prone to the influences of local views or partisan politics.
In conclusion, the creation of a bicameral legislative branch in the US Constitution was designed to ensure double security for the people. By dividing the legislative power between two chambers, the Framers sought to protect against the potential excesses of a single body and promote stability, wisdom, and balanced decision-making in the legislative process.
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To separate the departments of government
The creation of a bicameral legislative branch was motivated by the need to separate the departments of government and establish checks and balances within the legislative body. This separation aimed to prevent the concentration of power in a single body, ensuring that the interests of all parts of the community were represented and protected.
The Framers of the Constitution, influenced by historical models and Enlightenment thinkers, recognized the importance of dividing the legislative body into two branches: the House of Representatives and the Senate. This bicameral structure was a departure from the unicameral legislature under the Articles of Confederation, which had limited power and struggled to govern effectively at a national level.
The Virginia Plan, drafted by James Madison, proposed three separate branches of government: legislative, executive, and judicial. The legislative branch under this plan would consist of a bicameral body, with representation based on state population. The larger states favored this plan as it gave them greater representation in Congress.
The Framers sought to create a powerful legislative body while avoiding the dangers of excessive power in a single body. They believed that a bicameral legislature would provide a system of checks and balances, allowing for the diffusion of factional power. This structure would prevent a bare majority from pushing through measures that favored only a part of the community while neglecting or harming the interests of the rest.
The creation of a bicameral legislature was seen as crucial to establishing and maintaining a stable republic. The two branches, with members elected by the people and state legislatures, respectively, would provide a balance between local interests and experienced, temperate decision-making. This separation of departments within the legislative branch aimed to ensure that laws were stable, wise, and representative of the diverse interests of the American people.
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Frequently asked questions
The Framers of the Constitution adopted a bicameral legislature for the US Government at the Constitutional Convention, departing from the unicameral legislature comprised of state delegations under the Articles of Confederation.
The Framers of the Constitution believed a bicameral legislature was crucial to creating and maintaining a stable republic. They looked to history, other countries, and the states to address the form Congress would take. Many of the historical republics the Framers studied had bicameral legislatures.
A unicameral legislative branch was believed to be weak and have no real authority to govern on a national level. Congress had no power to tax or regulate foreign or interstate commerce. There was also a fear that a single legislative body might be too powerful.
