Compromise: Slaves would count as3/5of a person for representation purposes in the House of Representatives. Equality was sacrificed for union. oMost northerners and many southerners believed slavery would eventually die out. oMost northerners also believed blacks were inferior and could work only as menial laborers. c. The African slave trade would end in 1808. Most states wanted the immediate end to the importation of slaves. oBy 1779 all states except the deep south had outlawed importation. South Carolina and Georgia protested due to their need for slave labor in rice production. d. Fugitive slave provision allowed southerners to cross state lines to reclaim their "property" 2. Commerce Compromisea. Resolved a conflict between agricultural (slave) and more industrial (northern) states b. Congress could tax imports but not exports. c. Major irony of the North-South compromises: South gave up power to the North because it expected the South would soon have a population advantage from westward expansion. The North was willing to compromise on slavery because it thought slavery would eventually die out anyway.
Unit 3.4 The Articles of Confederation and the Constitution: 1781-1789 Page 4 G. Checks and balances/ separation of powers1. Enlightenment philosopher Baron de Montesquieu (in his Spirit of the Laws, 1762) advocated for separation of powers in government.2. Three branches of gov't: based on separation of powers based on function a. Executive: enforces the law b. Legislative: makes the law c. Judiciary: interprets the law H. The "elastic clause"(Article I, Section 8, paragraph 18) 1. "Congress shall have the power to… make all Laws which shall be necessary and proper for carrying into Execution the foregoing Powers…" 2. Nationalists wanted to giver broader power to the federal gov’t. a. States’ rights advocates wanted enumeration of powers to limit the federal government's power. b. The clause gave Congress the flexibility to meet the social and technological changes of the future. I. “Supremacy” clause: Congress gained the right to regulate commerce, both foreign and domestic 1. The Constitution became the "supreme law of the Land." 2. Federal power superseded state power; state power was no longer sovereign. J. Conservative safeguards 1. Purpose was to check the excesses of the "mob" Convention delegates were unanimous in believing that universal manhood-suffrage democracy was dangerous. 2. Safeguards: a. Federal judges were appointed for life -b. President was elected indirectly by the Electoral College. c. Senators were chosen indirectly by state legislatures. 3. Only the House of Representatives was elected by direct vote of qualified (propertied white male) citizens. K.Constitution was based on the principle that the only legitimate gov’t was one based on the consent of the governed. (John Locke) 1. "We the People..." 2. Older theory of the social contract was replaced by idea that the people delegate their authority to the gov’t.L. Why no Bill of Rights?