CivicsThe Founding DocumentsD2.Civ.3.9-12

The Convention and Its Compromises

The 1787 Convention settled conflicts by compromise: the Great Compromise (a House by population, a Senate with two per state), the Three-Fifths Compromise, the slave trade clause (no ban before 1808) and the Electoral College.

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The failures of the Articles brought 55 delegates from twelve states (Rhode Island stayed away) to Philadelphia from May 25 to September 17, 1787. George Washington presided; James Madison kept the fullest notes. They met to revise the Articles and instead wrote a new constitution (the story).

Virginia PlanNew Jersey Plan
Offered byEdmund Randolph (drafted largely by Madison)William Paterson, June 15
Favoredlarge statessmall states
Legislaturetwo houses, both by populationone house, one vote per state
National governmentstrong, with an executive and courtsthe Articles, strengthened (taxing and trade powers)

Why it works

Every compromise answered a fight about power. Large states said more people deserve more votes; small states feared being swallowed. Roger Sherman and Oliver Ellsworth of Connecticut proposed giving each side one house, adopted July 16 by a single state's margin. Delegates from states with large enslaved populations wanted those people counted for seats in the House but not for taxes; Northern delegates argued the reverse. The result was a bargain that kept the Union together and wrote slavery into the Constitution without using the word. Historians still weigh what it bought and what it cost.
CompromiseWhat it settledWhere
Great (Connecticut) CompromiseHouse by population; Senate with two per state; revenue bills start in the HouseArticle I, Sections 2, 3 and 7
Three-Fifths CompromiseThree of every five enslaved people counted for House seats and direct taxes (ended by the Fourteenth Amendment, 1868)Article I, Section 2
Slave trade clauseCongress could not ban importing enslaved people before 1808 (it did so effective that year)Article I, Section 9
Electoral CollegeThe President chosen by electors, neither by Congress nor directly by the peopleArticle II, Section 1
Article I, Section 2, Clause 3: the apportionment clause, which held the Three-Fifths Compromise.

Key idea

The Convention's main bargains: the Great Compromise (House by population, Senate equal), the Three-Fifths Compromise, the slave trade clause (no ban before 1808) and the Electoral College. Thirty-nine delegates signed on September 17, 1787.

Worked example: Which plan?

A delegate says, "Delaware deserves the same voice as Virginia, just as under the Articles." Which plan does he support?
  1. Equal votes for every state is the small-state position.
  2. That is the New Jersey Plan.

Answer: The New Jersey Plan.

Worked example: Applying the Three-Fifths clause

Under the original clause, a state had 400,000 free people and 100,000 enslaved people. What population counted for its House seats?
  1. Count three of every five enslaved people: 100,000 × 3/5 = 60,000.
  2. Add the free population: 400,000 + 60,000 = 460,000.

Answer: 460,000.

Common mistake

Mixing up the Virginia and New Jersey Plans. Virginia was the most populous state, so its plan counted people: representation by population. New Jersey was small, so its plan counted states: one state, one vote. The Great Compromise used both: Virginia's rule for the House, New Jersey's for the Senate. See also Federalist No. 54, which presents the arguments over the three-fifths rule, and the ratification debate on slavery.

Practice

Pass with 3 right answers, the last 2 in a row. Each right answer earns 2 XP.

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Sources and further reading

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