fbpx

Founders’ Debates at the Convention

The Articles of Confederation's Failures

The Articles of Confederation were a prime example of flawed government design. Each state had one vote, regardless of size or population. This meant small states could block important measures, creating political stalemates.

Congress couldn't levy taxes under the Articles. It had to request money from the states, which often refused. Without funds, Congress couldn't pay debts or maintain a military.

Regulating interstate commerce was impossible. States could impose tariffs on goods from other states, fragmenting the economy and hindering collaboration.

Amending the Articles required unanimous consent from all states. Even passing simple laws needed 9 out of 13 states to agree. This made governance extremely difficult.

There was no executive branch to enforce Congress's acts and no national court system to mediate disputes or interpret laws consistently across states.

These inadequacies led to interstate conflicts and prevented unified national responses to issues, ultimately necessitating the drafting of the Constitution.

Drafting the Constitution

In May 1787, about 55 delegates gathered in Philadelphia to draft a new constitution. Key figures included:

  • George Washington as presiding officer
  • James Madison as the primary architect
  • Gouverneur Morris who polished the final draft

Madison's Virginia Plan proposed a strong national government with three branches. The legislative branch sparked debate over representation. Big states wanted proportional representation, while small states demanded equal representation.

The Great Compromise resolved this, creating a bicameral legislature with the House based on population and the Senate giving equal representation to each state.

For the executive, they settled on a single president elected every four years with limited veto power. The Electoral College system emerged as a compromise between popular vote and state-based power.

The judiciary was designed to be independent, with a Supreme Court and justices serving lifetime appointments.

Slavery was a contentious issue. The Three-Fifths Compromise counted slaves as three-fifths of a person for representation and taxation. The Constitution banned export taxes, postponed addressing the slave trade until 1808, and included a fugitive slave clause.

The resulting document balanced power through compromises and established a government structure that could adapt as needed, with checks and balances to prevent any branch from becoming too powerful.1

Illustration of the Great Compromise with representatives from large and small states shaking hands

Debates Over Representation

The debate over state representation in Congress was intense. Big states like Virginia and Pennsylvania wanted proportional representation based on population. Smaller states like Delaware and New Jersey demanded equal representation to avoid being overshadowed.

The Connecticut Compromise broke this deadlock by creating a bicameral legislature:

  • House of Representatives based on population
  • Senate with equal representation for each state

The Three-Fifths Compromise addressed the issue of counting slaves for representation and taxation. Southern states wanted slaves counted for representation but not taxation, while Northern states opposed this. The compromise counted slaves as three-fifths of a person, giving Southern states more seats in the House without full taxation.

"Representatives and direct Taxes shall be apportioned among the several States which may be included within this Union, according to their respective Numbers, which shall be determined by adding to the whole Number of free Persons, including those bound to Service for a Term of Years, and excluding Indians not taxed, three fifths of all other Persons."2

These compromises were pragmatic solutions that allowed the nation to move forward, despite moral concerns. They showcased the Founding Fathers' willingness to engage in political horse-trading to build a functional government.

Symbolic representation of the Three-Fifths Compromise using an unbalanced scale

The Executive Branch

Crafting the executive branch was a delicate balance between creating a strong leader and avoiding another monarchy. After debating options like a plural executive, they settled on a single president.

The term length was set at four years, with the possibility of reelection, striking a balance between continuity and preventing entrenched power.

The Electoral College was devised as a compromise between direct popular election and congressional appointment of the president.

Presidential powers were carefully delineated:

  • Limited veto power, subject to congressional override
  • Authority over pardons
  • Military command
  • Foreign policy direction

Anti-Federalists feared these powers could lead to tyranny, while Federalists argued they were necessary for effective governance. Impeachment was included as a safeguard against abuse of power.

The expectation that George Washington would be the first president helped allay fears about executive overreach, as he was known for voluntarily relinquishing power.3

The resulting executive branch was designed to be powerful enough to lead effectively but constrained by checks and balances to prevent despotism.

Portrait of George Washington as the first President of the United States

Photo by libraryofcongress on Unsplash

Slavery and the Constitution

The Founders faced the challenging issue of slavery while creating the government. Southern states, heavily reliant on slavery, made two key demands:

  • No export taxes
  • A ban on Congress prohibiting slave importation

Northern states, in contrast, argued against slavery on both moral and economic grounds.

Representation emerged as a crucial issue. Southern states wanted slaves counted for Congressional representation but not for taxation. This led to the Three-Fifths Compromise, which counted each slave as three-fifths of a person for both representation and taxation1.

Other concessions to Southern states included:

  • A 20-year grace period before any potential ban on the international slave trade
  • The Fugitive Slave Clause, requiring escaped slaves to be returned to owners

While some delegates spoke against slavery, political pragmatism ultimately won out over moral outrage. The resulting Constitution accommodated systemic oppression while paradoxically espousing liberty.

"We have seen the mere distinction of colour made in the most enlightened period of time, a ground of the most oppressive dominion ever exercised by man over man." – James Madison2

The Founders made these compromises to hold the nascent nation together, hoping future generations would resolve these moral dilemmas. Thus, America began its journey with deep divisions and an uneasy balance between its lofty ideals and glaring flaws.

The Constitution, born from compromise and necessity, stands as a testament to the Founders' determination to forge a functional nation. While flawed, it provided a framework capable of growth and adaptation, ensuring the survival and unity of the United States. This living document continues to shape American governance and society to this day, evolving through amendments and interpretation to address the changing needs of the nation.