New Constitution

When delegates meet again in Philadelphia in 1787, they know that the final result will have to be approved by the state governments. This won't be easy, as the states vary widely in size and population.

In the end, all 13 states vote to approve the compromises they make. The vote is fairly close, however, in the crucially important states of Massachusetts, New York and Virginia. Rhode Island just barely approves it.

The government will be split into three equal branches. Congress will make the laws, which mostly deal with raising money and spending it. The President will be CEO, with powers to make sure that laws are obeyed.

When disputes arise, as they surely will, they will be resolved in federal courts. When court decisions are challenged, they will be scrutinized by the Supreme Court, whose decision will be final.
Constitution, Spirit of '76

  Finding the Right Formula
Compromises have to be struck in order to get all states to agree to share power under a single government. Small states need assurances that they won't get trampled by larger states. southern 'slave states' need special protection from bullying by northern 'free states.' While all 13 states originally allowed ownership of slaves, only the southern states remain dependent upon slave labor. In the end, a controversial formula is devised to allow slave states extra seats in the new House of Representatives.

Constitution and small states, 1787

  Satisfying the Small States
The most difficult issue to settle is how states will be represented in Congress. Will small states be ignored in Congressional debate?  If so, this could result in a 'tyranny of the majority.' Virginia has 10 times more people than tiny Rhode Island, or Delaware. In the end, each state is given two seats in the new Senate, regardless of size. This will allow the smallest states to support the proposed new government. As the country grows into previously unsettled territory, however, new states will need to be added, with borders that must be defined before anyone has any notion of how many people will eventually live there. Today, California has 70 times the population of Wyoming, yet both still have two Senators. This might be an example of tyranny of the minority.


Constitution and Senate,3/5 rule

  Satisfying the South
The map at left shows the density of slaves in each state, highlighted in ORANGE. The brighter the highlight, the greater the density. The total population of northern and southern states is almost equal, but one-third of the southern population is comprised of slaves. No one believes that slaves are actually entitled to representation, but if slave population is ignored, the South will likely get outvoted on slavery issues.  Southerners are so touchy on the subject that the word 'slavery' is excluded from the text of the Constitution. The eventual compromise adds three-fifths of the slave population to the total white population in each state, before figuring the number of seats to which it is entitled. Thus, slave and free states will have almost equal representation.


Constitution, who can vote

  Elites Remain in Control
The Founding Fathers believe in rule by the people, but not all people. Just the ones that matter. Each state is given the authority to determine exactly who can vote within that state, and almost all state legislatures vote to allow voting only by white men. That leaves out three-quarters of the population. Most states also require that voters be property owners. This reduces the voting pool by half, again. In America's first election, the polls are held open for three weeks, to allow for travel. Even so, only 2% of all citizens actually cast a vote. Women campaign endlessly for the right to vote, but don't succeed until 1920. Blacks aren't given the right to vote until 1964, following a sustained period of mass demonstrations.


Constitution, balance of power

  De-centralized Power
The new American system of government is the first attempt at creating a true democracy in 2,000 years. Instead of centralizing all decision-making powers in a King, Emperor, Pope or even President, the American system spreads decisions among three separate branches, each with equal power. Triangles are stable structures. A three-legged stool will always stand firmly, even if the legs are somewhat unequal, and the ground is uneven. Congress is given the authority to handle money matters, and resolve issues involving public welfare. The President's primary function is to make sure that laws are obeyed. If Congress passes a bad law, it can be challenged in court, with the Supreme Court making the final decision.


Constitution, checks and balances

  Fixing Mistakes
One inspired feature of the new American-style government is a reliance on what are called 'checks and balances.' These are mechanisms that allow flawed decisions that originate anywhere in the government to be challenged, and corrected. Congress, for instance, is split into two separate, but equal bodies. The larger House of Representatives tends to reflect the sometimes chaotic views of ordinary citizens (lower left). The smaller, more prestigious Senate is intended to reflect the better-informed opinion of educated elites (lower right). But both houses must agree before a law can be enacted. As a further safety measure, legal reasoning is scrutinized by the courts to keep laws consistent.