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Constitutional Convention

A New Nation: How did compromise help create a more unified nation at the second Constitutional Convention?

As it became increasingly clear that the government created under the articles of confederation was too weak to govern effectively delegates met at the Second Constitutional Convention in Philadelphia to discuss the creation of a new form of government. While almost all agreed that a new form of government was needed that was about all they could agree on. Some, like Jefferson, still clung to the fear of a strong central government that might eventually abuse its power. Others like Alexander Hamilton favored a democratic but strong central government that would be able to solidify the nation and govern more effectively. There were other issues at stake as well, for example:

  • Representation: How would representatives be chosen, by population or an equal number per state and how would slaves be counted for the purposes of representation?
  • Slavery: Would slavery be allowed to contiue?

  • The Presidency: How would he be elected, how long a term would he have to serve?

  • States Rights: How much pwer would the states have and how much power would the central government have?

In the end these issues were worked out using the process of compromise. The chart below illustrates the different compromises reached in 1787.

The Constitutional Convention
(1787)

Below is a chart detailing various issues that faced the framers
of the constitution. The solutions that they created became the
Constitution of the United States of America.

Issue
Compromise/Solutions

Representation:

1. How would the legislature be chosen? The large states
wanted representation based upon population; the smaller
states wanted all states represented equally.

2. How would slaves be counted? The North wanted slaves
counted for tax purposes, the south wanted slaves counted
for the purposes of representation in Congress.

1. The Great
Compromise
: A bicameral legislature
consisting of two houses was set up:

a) The Senate: Upper House, all states
represented equally, 2 per state.

b) The House of Representatives: Representation by
population. 435 members subject to change as per US census.

2. The 3/5 Compromise: Slaves were to be
counted in the following manner; 5 slaves equaled three
persons.

Slavery:

1. Would slavery continue?

1. Yes, but the Constitutional convention banned importation
of slaves after 1808.

The Presidency:

1. How would the President be elected?

2. How long would the Presidents term of office be?

1. The Electoral College was created to
vote for the President. Each state was given the same number
of electors as they had representatives. In later years the
Electoral college promised to vote based upon the what the
majority of each state wanted. This became known as the
electoral college promise.

2. 4 Years.

Power of the Federal Government

1. How would the powers of the states (something very
important to the colonists who at that time felt more like
“Virginians or Pennsylvanians” then Americans) be protected?

2. How would the central government’s power be limited do
that it could not take away peoples rights?

1. Federalism
– The Federal system (also known as Division of Powers) was
created. The federal government was given certain powers,
the states were given certain powers and there were certain
powers that they shared.

2. Checks and Balances: The government was
divided into three branches. Each branch (Executive,
Legislative and Judicial) was given certain powers that
limited the powers of the other branches. In this way no one
branch can gain too much power. This is also known as
separation of powers.

The founding fathers also wrote the Bill of
Rights.

These solutions and compromises formed the basis of the new American government written in a document called the Constitution of the United States.

Deeper Perspectives - How did compromise help create a more unified nation at the second Constitutional Convention?

Introduction

The Second Constitutional Convention, held in Philadelphia in 1787, was a pivotal moment in American history. It was at this gathering that the United States Constitution was drafted, providing a framework for the governance and organization of the nascent nation. Central to the convention’s success and the creation of a document that could garner widespread support were various compromises brokered among the delegates. These compromises addressed contentious issues, bridging gaps between factions with differing visions for the new nation.

The thesis of this paper posits that the compromises made during the Second Constitutional Convention were fundamental in creating a more unified nation out of a collection of disparate states with divergent interests. Through careful negotiation and concession, the delegates were able to craft a constitution that balanced the needs and concerns of all parties involved, laying the foundation for the United States of America.

Historical Background

The period leading up to the Second Constitutional Convention was characterized by significant political and social unrest. Following the American Revolution, the thirteen colonies found themselves free from British rule but facing the daunting task of building a new nation. The Articles of Confederation, adopted during the war, had established a weak central government, incapable of effectively addressing the myriad challenges confronting the fledgling country.

States operated like sovereign entities, pursuing their interests often to the detriment of their neighbors and the country at large. Economic instability, internal conflicts, and external threats exposed the limitations of the Articles of Confederation, necessitating the drafting of a new constitution that would create a stronger, more effective government.

The delegates to the convention represented a wide spectrum of views and interests. Divisions existed over the structure of the government, the distribution of power between states and the federal government, and the rights and status of individuals, particularly enslaved persons. With no consensus on these critical issues, the convention could easily have ended in failure, resulting in a divided and weakened nation.

It was against this backdrop that the Second Constitutional Convention convened with the daunting task of crafting a constitution that would provide a stable and enduring framework for governance, capable of uniting the diverse and often conflicting interests of the states and their populations. The delegates recognized that without compromise, no constitution could be drafted that would earn the support and allegiance of all thirteen states. The compromises made during the convention, therefore, were not merely pragmatic solutions to specific problems but essential instruments for the creation of a united and viable nation.

The Role of Compromise

Compromise played an indispensable role at the Second Constitutional Convention by facilitating deliberations and fostering consensus among delegates. In the political realm, compromise refers to the process of making mutual concessions to reach an agreement. It’s a mechanism crucial for resolving conflicts and navigating through a myriad of interests and viewpoints present at the Convention.

In the absence of compromise, the Convention would likely have been paralyzed by unyielding positions and competing interests of different states and factions. Through compromise, delegates were able to reconcile their differences, combining disparate ideas into cohesive solutions that reflected a broad consensus. This approach was vital in crafting a Constitution that was acceptable to a wide range of constituencies, thereby ensuring its ratification and implementation.

Key Compromises

The Great Compromise

The Great Compromise, also known as the Connecticut Compromise, resolved one of the most contentious issues at the Convention: state representation in the new Congress. Small states advocated for equal representation, while large states sought proportional representation based on population. The Great Compromise blended these two approaches, leading to the creation of a bicameral legislature, consisting of the Senate and the House of Representatives.

The Senate would have two senators from each state, providing equal representation, while the House of Representatives would allocate seats based on population, meeting the demands of larger states. This arrangement not only balanced the interests of states of different sizes but also established a legislative structure that allowed for fair and efficient governance.

The Three-Fifths Compromise

Another significant compromise at the Convention pertained to the counting of enslaved individuals for purposes of representation and taxation. Southern states, where slavery was prevalent, wanted enslaved people to be fully counted to increase their representation in Congress. Conversely, Northern states opposed this approach. The Three-Fifths Compromise was a solution to this impasse, stipulating that each enslaved person would be counted as three-fifths of a free individual.

While this compromise was politically expedient, allowing for the continuation of the Convention and the eventual ratification of the Constitution, it was morally problematic, as it devalued the humanity of enslaved individuals. Nevertheless, it was crucial in maintaining the delicate balance of power between Northern and Southern states, thereby contributing to the creation of a more unified nation.

Commerce and Slave Trade Compromise

The Commerce and Slave Trade Compromise addressed the contentious issues of interstate commerce and the trans-Atlantic slave trade. Northern states sought federal regulation of commerce, while Southern states, fearing economic and trade disadvantages, opposed this. The compromise allowed Congress to regulate interstate and foreign commerce, but it prevented Congress from imposing export taxes and from banning the slave trade until 1808.

This agreement reflected the significant economic and moral tensions of the time, as it acknowledged the economic reliance of Southern states on slavery while attempting to navigate the broader economic interests of the nascent nation. Although it postponed a resolution to the slavery issue, it facilitated the ratification of the Constitution by creating a framework that was acceptable to both Northern and Southern states.

The Effects of Compromises

Unification of States

Compromises brokered during the Second Constitutional Convention were instrumental in unifying a collection of states that had divergent interests and visions for governance. The Great Compromise ensured that small and large states both had fair representation in the federal government, fostering a sense of equality and participation among all states, irrespective of their size or population.

This foundational compromise encouraged states to work together rather than pursue their individual interests, promoting a sense of national identity and shared destiny. The cooperation established during the convention translated into a more robust and effective federal government that could navigate the challenges of leading a new nation.

Establishment of the U.S. Constitution

Through compromise, delegates were able to draft and ratify a constitution that reflected the diverse interests and needs of the thirteen states. The U.S. Constitution provided a framework for governance that balanced state and federal powers, offering a blueprint for political stability and national development.

The compromises within the Constitution allowed it to garner widespread support, facilitating its ratification by the states. This broad acceptance was crucial in establishing a stable and enduring national government that could effectively lead the young nation through its early years and beyond.

Controversies and Criticisms

Moral and Ethical Considerations

While the compromises reached during the Convention were successful in bringing about a unified nation, they were not without moral and ethical controversies. The Three-Fifths Compromise, for example, has been widely criticized for dehumanizing enslaved individuals, treating them as less than whole persons for the sake of political representation and taxation.

This compromise, although pragmatic at the time, perpetuated racial inequalities and the institution of slavery, casting a long shadow over American history. The ethical implications of such compromises cannot be overlooked when assessing the legacy of the Second Constitutional Convention and the Constitution itself.

Impact on Marginalized Groups

The compromises made during the convention also had significant implications for marginalized groups. Enslaved individuals and Native Americans were not afforded rights or representation under the new Constitution, reflecting the biases and limitations of the document and its framers. The consequences of these omissions would be felt for generations, as these groups struggled for recognition, rights, and equality in the American Republic.

It is essential to critically assess these compromises, understanding them not only as products of their time but also recognizing their long-term impacts on American society and the ongoing struggle for civil rights and equality.

Conclusion

In retrospect, the compromises reached during the Second Constitutional Convention were pivotal in forging a unified American nation from a collection of divergent states. Through careful negotiation and concession, delegates managed to craft a Constitution that balanced myriad interests and concerns, laying the groundwork for the United States of America. These compromises, while essential, were not without controversy, as they often entailed significant moral and ethical concessions, particularly regarding slavery and the treatment of marginalized groups. Nonetheless, the spirit of compromise exhibited during the Convention is a testament to the pragmatic and forward-looking vision of the nation’s founders. As we reflect on the Constitution and its legacy, it is crucial to acknowledge both its strengths and limitations, appreciating the delicate balance of compromise that made the establishment of the American Republic possible.