The Genius of the Constitution Lies in its Compromises

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Transcript of The Genius of the Constitution Lies in its Compromises

Page 1: The Genius of the Constitution Lies in its Compromises

Danielle Hernandez Ms. Geraghty

American HistoryOctober 15, 2009

The Compromises of the Constitution

It is said that the genius of the Constitution lies within its compromises. A series of important

events and choices occurred which lead to the formation of the Constitution that we know today. The

two most important choices were the Great Compromise and the Three-Fifths Compromise.

When the Constitutional Convention was called in 1787, a greater issue began than simply

selecting George Washington as its president. At this meeting, a new idea of government named the

Virginia Plan was broached. Madison and other leaders had felt the need for a new government already

so this became a favored proposal. The major points of this plan included a three house government

(legislative, executive, and judicial) in which the legislature was the most powerful and made decisions

concerning the other two houses, a bicameral legislature consisting of a House of Representatives

(elected by the people) and the Senate (elected by the state legislatures), and the ability of the legislature

to regulate trade between the states as well as remove of state laws that were deemed unconstitutional.

Shortly after this idea was out in the open, opposition to it arose (particularly from small states

that feared the loss of their power). Those in opposition retorted with the New Jersey Plan. The key

elements in this plan that differed from the Virginia Plan included the facts that the legislature made

decisions as to who was appointed in the executive branch, those in the executive branch chose those

who would serve in the Supreme Court, there would be a unicameral legislature in which all states were

represented equally, and the Congress had the ability to regulate trade and taxation.

The first important compromise crucial to the development of our Constitution came out of the

struggle between supporters of the Virginia and New Jersey Plans. This compromise is known as the

Great Compromise (also known as the Connecticut Compromise). The Great Compromise was approved

on July 16, 1787 after the Constitution Convention was in a deadlock. This compromise pulled from

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both plans. The legislature ended up being bicameral. One house (the Senate) had equal representation

as proposed in the New Jersey Plan and the other house (the House of Representatives) had

representation based upon population. The resulting Plan that emerged from the Great Compromise was

put, almost directly, into the Constitution. This Compromise gave the people an impression that they

could continue to push their ideas for the formation of their government. This kind of thinking was what

spurred the second Compromise- the Three-Fifths Compromise.

The Three-Fifths Compromise came from an argument about the House that resulted from the

Great Compromise. In the House, representation was based upon population. The question arose

primarily in the South regarding how slaves would be counted in each state’s population. The delegates

from the Convention again constructed a compromise. The Three-Fifths Compromise stated that three-

fifths of every state’s slave population would be counted. This, however, did not mean that enslaved

African Americans couldn’t vote or take part in government. In some states, a few freed African

Americans could vote, but that was all. The compromise had only to do with population.

The Electoral College was another element of the Constitution that came about through

compromise. Since those constructing the Constitution felt that the average people of the country

shouldn’t be trusted with such an important decision as selecting a president. The solution which they

came to was to set up an Electoral College. The Electoral College is a group of representatives from the

states that come together and make the final vote for president. If the Electoral College can not come to

a clear majority vote, then the choice is passed on to the House of Representatives.

As far as the regulation of trade goes as stated in the Constitution, the compromise in this aspect

was created and is known as the Commerce Clause. The Commerce Clause in the Constitution states

that the Congress has the power to regulate commerce with foreign nations, between the states, and with

Native American tribes. This clause affected various states differently. In the South, states’ trade

included a lot of exporting. In the North, states imported most of their products.

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There is great importance in these compromises of the Constitution. First of all, they pleased a

majority of the country well and, therefore, it prevented uprisings and rebellion. Also, it created a system

that was balanced and would save our country from collapsing in its early years of independence. These

compromises also make the constitution something that may end up backing the country into a corner

due to instability or unnecessary unambiguousness.

After these compromises were formed, the final draft on the Constitution was written on

September 17, 1787. The Constitution was written with these compromises directly included and, along

with its loose construction (which basically means that you can do anything that the Constitution doesn’t

state you can’t do), we still have the same basic Constitution over two hundred years later.