Chapter 3: The Constitutional Convention

Chapter 3: The Constitutional Convention

CLEP American Government, Chapter 3

The Constitutional Convention

Imagine being asked to repair a government that cannot reliably raise money, regulate trade among its members, or ensure that its decisions are carried out. You might agree that the government needs more power. The harder question comes next: who will control that power? At Philadelphia in 1787, large and small states, northern and southern interests, creditors, debtors, and advocates of different institutional designs did not answer that question in the same way.

Major disputes at the convention

The delegates shared a diagnosis more readily than a solution. Under the Articles, Congress could not impose ordinary national taxes, depended heavily on states to carry out national decisions, and lacked separate executive and judicial institutions. Trade disputes and interstate rivalry exposed the cost of weak coordination. Yet strengthening the center raised a familiar fear: the same government capable of acting decisively might become distant, unaccountable, or oppressive. The Convention therefore addressed capacity and restraint at the same time.

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Virginia Plan

Edmund Randolph introduced the Virginia Plan near the beginning of the Convention, drawing heavily on ideas associated with James Madison and the Virginia delegation. It proposed a national government with legislative, executive, and judicial institutions rather than a modest repair of the Confederation Congress. The national legislature would have two chambers, and representation would be connected to population or financial contribution. That rule gave populous states a larger voice and made the plan unacceptable to delegates who believed state equality was essential to their security.

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New Jersey Plan

William Paterson presented the New Jersey Plan after small-state delegates resisted the Virginia Plan's population-based legislature. It retained a one-house national legislature in which each state cast one vote. That continuity protected small states from being outvoted permanently by a few populous states and treated the states as equal political units within the union. Its representation rule therefore resembled the Confederation Congress more closely than the Virginia proposal did.

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Great—or Connecticut—Compromise

The conflict between the Virginia and New Jersey plans threatened the Convention because neither population nor state equality could prevail everywhere without placing the losing side at a lasting disadvantage. The Connecticut, or Great, Compromise created a bicameral Congress with a different representational rule in each chamber. House seats would be apportioned by population and House members elected by the people of the states. Every state would receive two senators, originally selected by its legislature.

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Three-Fifths Compromise

Once House representation was tied to population, delegates had to decide how slavery would affect apportionment. Slaveholding states wanted enslaved people included when seats were allocated even though those states denied them voting rights and legal freedom. Other delegates resisted allowing a state to gain representation from people it treated as property. The resulting provision counted the whole number of free persons, excluded "Indians not taxed," and added three-fifths of "all other Persons" when House seats and direct taxes were apportioned among the states.

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Commerce and slave-trade compromises

The Confederation's inability to manage interstate commercial conflict made commerce power a central part of constitutional reform. The final Constitution authorized Congress to regulate commerce with foreign nations, among the states, and with Indigenous tribes. Delegates nevertheless disagreed about how that power might affect regions with different economies. Some southern delegates feared that commercial majorities would tax exports or use navigation policy against agricultural interests; commercial states wanted national authority capable of negotiating and regulating trade.

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Electoral College compromise

Presidential selection posed a design problem unlike legislative representation. Selection by Congress could make the executive dependent on legislators; direct national election raised practical and political objections in an era of limited communication, unequal suffrage rules, and strong state identities. Delegates considered several arrangements before choosing a body of electors appointed through the states. The result gave the president a source of selection distinct from ordinary congressional appointment without creating a single national popular-vote procedure.

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Constitutional compromises over representation

The Constitution does not use one representational principle everywhere. House seats are apportioned among states by population, and the people of each state choose House members. Every state has two senators regardless of population. Presidential electors equal the state's House and Senate totals, combining both principles in a third institution. The original system also used different selection methods: voters chose representatives, state legislatures chose senators, states appointed electors, and the president nominated federal judges with Senate consent.

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Goals and concerns of the framers

The delegates did not share one motive, and the phrase "the framers believed" should be used cautiously. They represented states and regions with different economies, populations, and political interests. Many agreed that the Confederation lacked dependable fiscal and commercial capacity, but they differed over representation, executive design, slavery, western development, and the acceptable degree of popular influence. The Constitution records their negotiated decisions; it does not prove unanimous agreement about the theory behind every clause.

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