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.

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 protection from bullying by northern 'free states.' In the end, a controversial formula allows 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 eight 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. Today, differences in population between the largest and smallest states are far greater, resulting in what we might now call a 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. 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.