3.3 Major Compromises in the Constitution
2 min read•august 9, 2024
The Constitutional Convention faced major challenges in creating a new government. Delegates had to balance competing interests of large and small states, as well as Northern and Southern states. This led to several key compromises that shaped the structure of the U.S. government.
These compromises included the on legislative representation, the on counting enslaved people, and the for presidential elections. Each aimed to address specific concerns while finding common ground to move the process forward.
Legislative Branch Compromises
Bicameral Legislature and Representation
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- Great Compromise (Connecticut Compromise) resolved conflict between large and small states
- Established a with two distinct chambers
- based on state population for
- provides equal representation with two senators per state
- Balanced power between populous and less populous states
- listed specific responsibilities of Congress in Article I, Section 8
- Included authority to levy taxes, regulate commerce, and declare war
- Limited federal government's reach to prevent overreach
Expanding Congressional Authority
- granted Congress implied powers
- Allowed flexibility to address unforeseen issues and changing circumstances
- Permitted Congress to make laws "necessary and proper" to execute enumerated powers
- Sparked debates on the extent of federal authority ()
- Balanced with the reserving powers to states or the people
Slavery Compromises
Population Counting and Representation
- Three-Fifths Compromise addressed how to count enslaved persons for representation
- Counted three-fifths of the enslaved population for apportioning representatives
- Increased Southern states' representation in the House and Electoral College
- Avoided direct mention of slavery in the Constitution's text
- Perpetuated the institution of slavery and its political influence
Regulating the Slave Trade
- postponed federal action on the international slave trade
- Prohibited Congress from banning the importation of enslaved persons before 1808
- Allowed states to individually regulate or prohibit slave importation
- Resulted in a surge of slave importation in the years leading up to 1808
- Congress passed legislation in 1807 to ban the international slave trade effective January 1, 1808
Executive Branch Compromise
Balancing State and Popular Influence
- Electoral College created as a compromise for presidential elections
- Combined elements of both popular vote and state-based selection
- Allocated electors to states based on total congressional representation
- Prevented direct popular election of the president
- Aimed to protect interests of smaller states and rural areas
- Led to occasional discrepancies between popular vote and electoral outcomes (2000, 2016 elections)
Regulating Interstate Commerce
- granted Congress power to regulate interstate and foreign trade
- Addressed concerns about potential economic conflicts between states
- Prohibited taxes on exports from any state
- Ensured free trade between states to promote economic unity
- Became basis for significant expansion of federal power in later years (, )
Key Terms to Review (15)
10th Amendment: The 10th Amendment to the United States Constitution is part of the Bill of Rights and was ratified in 1791. It states that powers not delegated to the federal government nor prohibited to the states are reserved to the states or the people. This amendment emphasizes the principle of federalism, which balances power between national and state governments, and reflects the Founders' intention to limit federal authority.
Bicameral Legislature: A bicameral legislature is a legislative body that has two separate chambers or houses, typically known as the lower house and the upper house. This structure allows for a system of checks and balances within the legislative process, ensuring that laws are thoroughly debated and scrutinized before being enacted. The concept of a bicameral legislature is rooted in the desire to balance representation and power among different interests within a state, making it a key feature in both federal and state governance.
Commerce Compromise: The Commerce Compromise was a pivotal agreement reached during the Constitutional Convention that addressed the regulation of commerce and trade in the United States. This compromise balanced the interests of northern states, which favored federal regulation of commerce, with those of southern states, which feared such regulation would undermine their agricultural economy reliant on slave labor. The resolution allowed Congress to regulate interstate and international commerce while prohibiting any tax on exports.
Electoral College: The Electoral College is a mechanism established in the U.S. Constitution for indirectly electing the president and vice president of the United States. It consists of a body of electors from each state, whose votes are determined by the popular vote in their respective states, linking state-level voting to federal election outcomes and embodying a compromise between direct popular election and congressional selection.
Enumerated Powers: Enumerated powers are specific authorities granted to the federal government by the Constitution, primarily outlined in Article I, Section 8. These powers are distinct from implied powers and establish a clear framework for what the federal government can and cannot do. Understanding these powers is crucial for grasping the compromises made during the drafting of the Constitution, how federalism operates, and the structure and functions of Congress.
Great Compromise: The Great Compromise, also known as the Connecticut Compromise, was an agreement reached during the Constitutional Convention in 1787 that established a dual system of congressional representation. This compromise resolved the contentious debate between larger states wanting representation based on population and smaller states preferring equal representation, ultimately leading to a bicameral legislature with the House of Representatives based on population and the Senate providing equal representation for each state.
House of Representatives: The House of Representatives is one of the two chambers of the United States Congress, responsible for making federal laws. It is designed to represent the population, with members elected directly by the people, serving two-year terms. The structure of the House, including its proportional representation based on state populations, was a key component in several compromises during the drafting of the Constitution and was significant in the debates surrounding its ratification.
Interstate Commerce Act: The Interstate Commerce Act is a federal law enacted in 1887 aimed at regulating the railroad industry and its monopolistic practices, ensuring fair rates and eliminating discriminatory practices. This legislation was a response to growing public outcry over the exploitative nature of railroad companies, which had significant control over interstate trade and commerce. The Act established the Interstate Commerce Commission (ICC) to oversee these regulations and set the groundwork for future federal involvement in regulating commerce.
McCulloch v. Maryland: McCulloch v. Maryland is a landmark Supreme Court case from 1819 that established the principle of federal supremacy and the implied powers of the federal government. The case arose when the state of Maryland attempted to tax the Second Bank of the United States, leading to a significant ruling that clarified the balance of power between state and federal authorities. This decision not only reinforced the authority of the federal government but also contributed to the ongoing evolution of federalism and judicial review in America.
Necessary and Proper Clause: The Necessary and Proper Clause, also known as the Elastic Clause, is a provision in the U.S. Constitution that grants Congress the power to make all laws that are necessary and proper for executing its enumerated powers. This clause allows for flexibility in governance, enabling Congress to adapt its legislative powers to meet the needs of a changing nation while ensuring that it operates within its constitutional boundaries.
Proportional Representation: Proportional representation is an electoral system in which parties gain seats in the legislature in proportion to the number of votes they receive. This system aims to create a more accurate reflection of the electorate's preferences, allowing for greater representation of diverse political views and smaller parties. It stands in contrast to winner-takes-all systems, which can marginalize minority voices and limit political diversity.
Senate: The Senate is one of the two chambers of the United States Congress, responsible for representing the states and making federal laws. Each state is represented by two senators, regardless of its population, which ensures equal representation for all states. The Senate plays a critical role in the legislative process, as well as in confirming presidential appointments and ratifying treaties.
Sherman Antitrust Act: The Sherman Antitrust Act, enacted in 1890, is a landmark federal statute in the United States that aims to combat anti-competitive practices and monopolies. This act was a response to the growing power of large corporations during the Industrial Revolution and established the legal framework for regulating business practices that restrain trade or commerce. It embodies the principle that competition is essential for a healthy economy and seeks to ensure a fair marketplace for consumers and businesses alike.
Slave Trade Compromise: The Slave Trade Compromise was an agreement reached during the Constitutional Convention in 1787 that allowed for the continuation of the transatlantic slave trade for a limited time, specifically until 1808. This compromise was essential in balancing the interests of Northern states, which were generally opposed to slavery, and Southern states, which relied on enslaved labor for their agricultural economy. It represented a critical juncture in American history, as it reflected the contentious relationship between economic interests and moral considerations surrounding slavery.
Three-Fifths Compromise: The Three-Fifths Compromise was a provision reached during the Constitutional Convention of 1787 that determined how enslaved individuals would be counted when apportioning representation and taxation. It stipulated that each enslaved person would be counted as three-fifths of a person, which affected the political power of slaveholding states in Congress and highlighted the contentious issue of slavery in the formation of the new government.