The reflections and rantings of one obsessive history student
Thomas Jefferson [Many people forget to add the second part for some reason…]
I have procrastinated way too much on this essay yet I still continue to do so. I figure I might just procrastinate with other studies. eh?
Discuss at least three of the compromises that to be made by the framers of the Constitution in 1788 before they had a document to send for ratification
Three important compromises made by the framers of the Constitution were over the issues of representation, slavery, and Congress’ involvement in trade and commerce.
There was a heated debate going on at the Constitutional convention over how the House of Representatives and the senate should be apportioned. The larger states wanted a state’s representation to be based on the size of its population while the smaller states demanded equal representation. A New Englander, John Sherman, proposed what is now known as the Great Compromise. Sherman proposed that the lower house be based on a state’s population, a state would get 1 congressman for every 60,000 citizens. However, in the Senate, there would be equal representation among the states. Every state would get two senators appointed by the state legislature.
Many argue that the issue of slavery was the real great compromise during this Constitutional Convention. Madison even wrote in his notes that the great conflict among the delegates is not between small states and large states but between slave states and free states. There were three key questions surrounding this issue. One was whether or not the import of slaves should be stopped. Delegates from Georgia, North and South Carolina objected to this idea and stated that they would not support the Constitution if the slave imports stopped. Another question was should slaves be counted for purposes of representation? Southerners argued that slaves should be counted, since it would give them more influence in the House of Representatives. Northerners objected because slaves were property and should not be counted as free persons. The result of this divide was the 3/5 Compromise which stated that 5 slaves were equal to 3 free men in terms of representation. It also stated that Congress could not vote to end the slave trade for another 20 years.
The debate over slavery was also a debate over Congressional involvement in trade and commerce. Southerners were hostile to the idea of Congress being allowed to impose tariff duties and regulate interstate commerce. They believed Congress can use this power to tax slave imports or even eliminate the slave trade entirely. In exchange for the 3/5 Compromise, Southerners accepted Congress’ control over trade and commerce as long as they did not tax the export of plantation crops such as tobacco and rice.
So its that magical time of year where I subject myself to way too much stress than my body knows how to handle. This is only made worse by my frequent caffeine abuse and horrible procrastination that also takes over at this time as well. (I’m talking about finals if you somehow forgot to read the title of this.) But anyway, now I am going to use my blog for the next week or so as just a place where I ramble about what’s on my final and dissect the study guide. Follow along if you care. Today I’m going to talk about EARLY AMERICAN LEGAL HISTORY (note: this subject is really really dry so you’ll probably only read this if you’re in my class, although I don’t think anyone in my lecture reads this.) So now its books cracked. Beyonce on. Let’s roll.
Anti-Federalists: Anti-Federalists opposed the creation of a stronger central government and favored the Articles of Confederation over the Constitution. This was because the Articles of Confederation gave more power to the states than the federal government. Some notable Anti-Federalists include Patrick Henry, Luther Martin, and Elbridge Gerry. They contested with the Federalists over issues of the Bill of Rights, Congressional representation and the size of the republic.
Judiciary Act of 1789: The Judiciary Act is arguably one of the most important laws passed by Congress in America’s history; it essentially established the U.S. federal court system. The Judiciary Act created one Supreme Court (with 6 justices and one Chief Justice) as well as Federal Circuit Courts presided over by a SCJ. There were also lower federal district courts made to oversee civil controversies. There are three important sections to the Judiciary Act
Section 13: This section allows for a writ of mandamus to be called upon federal officers. This section was challenged in the case of Marbury v. Madison.
Section 25: This section details how to enforce the Supremacy Clause in the Constitution. It states that if a state court rejects any claim that someone has under their rights in the Constitution, that claim can be directly appealed to the Supreme Court. This was controversial because it negated states rights and undermined the power of state courts.
Arg! That’s all I have time for before I have to head off to my work. Bleh. Two terms down, 3587985642758934748584 million more to go. AAAAAAH. Kill me.