Study Notes on Early United States Governance and Compromises

The Three-Fifths Compromise

• The three-fifths compromise originated from a series of compromises made for the states to agree to form the United States.

• This controversial law counted each slave as three-fifths of a person for purposes of representation in Congress.

• The determination was that only white males were considered whole persons; slaves and women were counted as three-fifths.

• The mechanics of representation in Congress are explained:

  • A bicameral legislature was established, consisting of the House of Representatives and the Senate to promote equality among states.

  • States like Rhode Island felt marginalized as larger states, such as New York, exerted power over them.

  • For balanced representation:

  • Each state would have two senators (to equalize influence) regardless of population.

  • The House of Representatives would be populated based on state population, with one representative for a defined number of people (historically 30,000, recently adjusted by census).

• The economy was also a significant factor in the debate over representation:

  • Different economies existed in the North (innovation, manufacturing) versus the South (agriculture dependent on slave labor).

  • The North advocated against slavery, arguing it violated inalienable rights as enshrined in the Constitution, claiming all men are created equal.

  • The South, reliant on slaves for labor and economic stability, opposed any moves that would liberate slaves, fearing economic collapse and a shift in political power towards the North.

• The North proposed that if slaves were counted for representation, they should be counted as full citizens, which implied emancipation.

• The South rejected this proposal fearing the loss to their economy and political power.

• The three-fifths compromise, therefore, was established in an effort to move forward amid these conflicts:

  • It quantified how many of the southern states' enslaved persons would be counted for representation and tax purposes, thus providing a temporary political solution in the 1780s.

• Ethical considerations surrounding this compromise:

  • Importantly, slaves and women, counted merely as three-fifths of a person, were not granted citizenship or voting rights.

• Historical context regarding the anticipated ending of slavery:

  • There was an expectation for slavery to be eradicated by 1820 to provide the Southern economy time to adapt without slave labor.

Federalism and Separation of Powers

• The discussion of American governance included the historical context of abuses of power experienced under British monarchy.

• After the Revolution, a decentralized form of government was established under the Articles of Confederation that ultimately proved ineffectual, leading to a stronger federal government.

• Shay's Rebellion:

  • A pivotal event that illustrated the weaknesses of the Articles leading to a need for constitutional reform.

  • Named after Daniel Shay, a Revolutionary War veteran, who mobilized people against the Massachusetts government during an economic crisis.

• The solution was implementing the U.S. Constitution which created a federal system balancing power between state and federal governments while ensuring checks and balances.

  • This structure aims to prevent the concentration of power observed in a monarchy while ensuring states maintain certain powers.

Legislative Process

• Overview of how legislation is created in the U.S.:

  • Congress, or the legislative branch, consists of two chambers: the House of Representatives and the Senate.

  • A bill is introduced by Congress which votes on it.

  • If passed, the bill goes to the President who can sign it into law or veto it.

  • If approved, judicial review may occur, where the law is checked for constitutionality.

• The census's role is discussed:

  • Conducted every ten years to ensure fair representation based on population distribution.

  • Redistricting occurs to reflect changes in population dynamics.

Impeachment Process

• The process begins with a member of Congress filing articles of impeachment in the House of Representatives, which must pass a vote to move to trial.

• The trial is held in the House where evidence is presented and a vote occurs to either impeach or not.

• Should the House find sufficient grounds for impeachment, the case moves to the Senate to decide on removal from office.

• Key historical impeachments highlighted:

  • Andrew Johnson, Richard Nixon, Bill Clinton, and Donald Trump all faced impeachment proceedings.

  • Trump's impeachments were related to abuse of power involving Ukraine and inciting insurrection related to the Capitol riots.

• Discussion on the increasing partisanship in impeachment processes, impacting decisions by the House and Senate.

Judicial Review

• Judicial Review established through the famous case Marbury vs. Madison, which underscored the independence of the judiciary from political pressures of the other branches of government.

• This case affirmed the Supreme Court's authority to review laws and actions for constitutionality, marking a significant turn in American governance.

Summary Points on Governance Structure

• There exists a system of checks and balances to prevent any one branch from overpowering another, rooted in the principles of separation of powers.

• Federal laws take precedence in areas such as the economy and national security due to the Supremacy Clause, while states retain powers relating to other matters not explicitly enumerated to the federal government.

  • Example of state laws can enhance protections over federal recommendations but cannot contradict them directly.

• Establishment of a minimum standard of living across states helps prevent a race to the bottom in matters of governance and protections for citizens.