Foundations of the U.S. Constitution: From Articles of Confederation to the Constitution and Its Compromises

Weaknesses of the Articles of Confederation

  • Each state had one vote in Congress regardless of population, so larger states had less power relative to their population.
  • When the states met to make new laws, every state had one vote, making it unfair for states with more people.
  • The federal government had no power to tax, so it could not raise money; the government was broke.
  • There was no executive branch.
  • There was no national court.
  • All power was in the hands of the state governments.
  • Amendments required a unanimous vote from all states, making changes extremely difficult.
  • Result: the federal government was too weak to act effectively.

Shay's Rebellion

  • Led by Daniel Shays (a farmer from Massachusetts, and former Revolutionary War soldier) during the post-war period.
  • Rebellion involved mostly farmers who were in debt and owed back pay; many were veterans who fought in the war.
  • The rebellion highlighted that the federal government lacked power to quell uprisings; local militia had to be raised to suppress it.
  • This event underscored the need for a stronger central government and contributed to calls for a new framework.
  • Outcome: demonstrated that the Articles of Confederation were too weak and spurred momentum toward a new constitution.

Philadelphia Convention and the Constitution

  • In 1787, state representatives met in Philadelphia to create a new framework for government rather than simply patching the Articles.
  • The result of the convention was the drafting of a new Constitution, which was later ratified in 1787.
  • Primary conclusion: the Articles were not enough; a new governing document was required.

Plans for Representation: Virginia Plan vs New Jersey Plan

  • Virginia Plan favored larger states and proposed representation based on population (larger states would have more votes).
  • New Jersey Plan favored smaller states and proposed equal representation for all states (to protect smaller states’ influence).
  • The speaker notes (live discussion) but the historically accurate view is:
    • Virginia Plan: population-based representation (favored by large states).
    • New Jersey Plan: equal representation (favored by small states).

The Great Compromise

  • Resulted from merging the Virginia Plan and New Jersey Plan.
  • Created a bicameral legislature: two houses – the House of Representatives and the Senate.
  • House of Representatives: representation based on population (Virginia Plan).
  • Senate: equal representation (two senators per state; New Jersey Plan).
  • This compromise reconciled the needs of both large and small states and formed the basis of the current legislative structure.
  • The question of inequality is mitigated by having a population-based House and an equal-representation Senate, balancing both approaches.

The Three-Fifths Compromise

  • Addressed how enslaved people would be counted for purposes of representation and taxation.
  • Enslaved people were counted as three-fifths of a person for population calculations.
  • This arrangement benefited Southern states, which had larger enslaved populations, by increasing their representation in Congress.
  • The compromise is often described as a political concession to maintain unity among states while addressing the moral and ethical issues of slavery.

Congressional Apportionment

  • Apportionment is the allocation of the number of representatives per state based on population.
  • The census determines representation; it is taken every 10 years.
  • The most recent census used for apportionment was in 2020, with changes anticipated for the 2030 census.
  • The speaker notes that changes in representation are likely after each decennial census due to shifts in population.

Federal Supremacy and State Powers

  • National laws are the supreme law of the land (Supremacy of federal law).
  • States have the power to make laws, but those laws cannot contradict federal law.
  • If there is no federal law on a given issue, states may decide (state discretion in areas like education, transportation, licensing, etc.).
  • The discussion notes that taxes and licensing can vary by state, which can create differences in policy across states.
  • The elastic/elasticity reference: the Constitution includes the Necessary and Proper Clause (often called the Elastic Clause), which allows Congress to pass laws needed to carry out its enumerated powers and to adapt to changing times.

Checks and Balances and the Three Branches

  • The Constitution creates three equal branches to prevent the concentration of power:
    • Legislative Branch: makes laws.
    • Executive Branch: enforces laws.
    • Judicial Branch: interprets laws.
  • Each branch checks and balances the others to prevent any one branch from becoming too powerful.
  • Heads of branches:
    • Head of the Executive Branch: President.
    • Legislative Branch: Congress (House of Representatives and Senate).
    • Judicial Branch: Supreme Court and federal courts.

Solutions to the Confederation Problems (Constitutional Framework)

  • The Great Compromise provided a workable structure for representation and lawmaking.
  • The Constitution granted the federal government essential powers to prevent a collapse of the union:
    • Power to tax (Congress).
    • A national executive led by the President.
    • A system of federal courts including the Supreme Court.
    • A national currency.
  • Amendment process and national-federal relationship:
    • Amendments proposed by a two-thirds majority in Congress or by a national convention.
    • Amendments ratified by three-fourths of the states.
    • This framework maintains a balance between federal authority and states’ rights.
  • Final note: The Constitution represents a response to the weaknesses of the Articles of Confederation by establishing a stronger federal government with a clear separation of powers, a bicameral legislature, representation that accounts for both population and state equality, a mechanism to count enslaved people for political purposes (Three-Fifths Compromise), and robust processes for amendment and supremacy of federal law.