Compromises: Great & Dirty The US Constitution Compromises: Great & Dirty

Purposes We, the People of the United States, in order to Form a more Perfect Union Establish Justice Ensure Domestic Tranquility Provide for the Common Defense Promote the General Welfare, and Secure the Blessings of Liberty To ourselves, and Our posterity Do ordain and establish this Constitution for the United States of America

“The Great Compromise” Legislative Power (Article 1 section 1-7) Bicameral legislature of co-equal houses House of Representatives Chosen by apportioned districts Two-year terms Senate 2 members per state Chosen by state legislatures Overlapping 6-year terms Executive Power (Article 2) Unitary Executive President Chosen by electors in states Electors chosen according to state legislatures’ direction Four-year term Other officers Established by legislative power Appointed in such manner as the legislature may direct Judicial Power (Article 3) Federal Court system One supreme court Inferior courts established by the legislature Appointed by executive, approved by the Senate Serve ‘during good behavior” State Court system Determined by state legislatures People States HR Senate Executive Electors Judiciary

Factions and the Federal Convention - + Factions at the Convention Known enduring factions We, the People The several States Large states Small states Northern states Southern states The United States (The new central government) Possible enduring factions Federalists (The Friends of Order) Anti-federalists (The Friends of Liberty) Issue-based factions Pro-slavery Anti-slavery Faction defined in Federalist #10 A number of citizens > ½ or < ½ United by a common interest Act on their common interest Their common interest adverse to the rights of others or Their common interest adverse to the permanent and aggregate interest of the community ? The Slavery Compromises Representation and Apportionment A. The “3/5 Compromise” Article 1 section 2, clause 3 Interstate Commerce B. The “Slave Trade Clause” Article 1 section 9, clause 1 Full Faith & Credit C. The “Fugitive Slave Clause” Article 4 section 2, clause 3

Which faction wins the Compromise? Anti-slavery (-) A. 3/5 Ensured continued debate over slavery with admission of each new state Recognized need to balance factions in Congress B. Slave Trade Implied plenary power of Congress to prohibit the slave trade Kept open the possibility of banning the slave trade in new states Participation in international slave trade banned by Congress one day after Constitution allowed C. Fugitive Slave Required slave owners personally to make claims on runaway slaves and to petition states directly Ensured continued debate over slavery with each individual petition Presented constant agitation against slavery in states where slavery was illegal Pro-slavery (+) A. 3/5 ensured greater representation of states where slavery was legal Slave states carried a slim majority in 1st Congress Sets stage for admission of new ‘slave states’ B. Slave Trade Kept Congress from regulating importation of enslaved populations for an entire generation Allowed states to import a critical mass of the enslaved for domestic slave trade C. Fugitive Slave Required all states to cooperate with slave owners seeking runaway slaves Acknowledged that runaway slaves could not be discharged from their ‘service or labor’ Nullified any state laws blocking slave owners from making claims on runaway slaves

Questions for Discussion In what ways can both pro-slavery and anti-slavery groups be viewed as factious? What lessons can be drawn from the experience of the Slavery Compromises? How can this lesson apply to seemingly intractable policy problems in America today?