Compromise on Representation

Text 1 Historical and Constitutional background of Legislative Power

Enumerated powers of Congress

Article I vests "all legislative Powers herein" in the Congress and later (in §8) lists those powers. This list of powers was a compromise resulting from one of the major differences of opinion at the convention. The Virginia delegation proposed — in direct response to the problems that had been experienced under the Articles of Confederation — that Congress be given the power "to legislate in all cases to which the separate states are incompetent, or in which the harmony of the United States may be interrupted by the exercise of individual legislation," However, other delegates objected that this gave too much power to Congress. The final compromise language listed particular subject-matter areas in which it was anticipated that individual state legislation would be disruptive of the "harmony of the United States." Because the powers are set out individually in a list, they are often referred to as Congress's "enumerated powers."

The major powers listed in §8 are those one would expect a national government to have: the powers to issue money, to establish a postal system, to create federal courts, to raise an army and navy, to declare war, to collect taxes and spend money for the general welfare, and the like. As it has developed, the most important of the powers granted is the one empowering Congress to regulate interstate commerce.

Compromise on Representation

Another major disagreement among the Framers arose over the composition and the method of selection of the national legislature provided for under Article I. The Federalists wanted representation in the legislature based on population, rather than on equal state representation. This would prevent states representing a minority of the population from blocking national legislation, as had happened under the Articles of Confederation. However, strong opposition from the smaller states forced the Framers to compromise. A dual system of representation in a bicameral or two-chamber Congress was agreed to. One "house," the House of Representatives, would have proportional representation based on population, while the other house, the Senate, would have equal representation from each state. To assure that the House of Representatives would better reflect the prevailing sentiment of the voters, its members, called "representatives" or simply "members of Congress," were made subject to re-election every 2 years. Senators would serve 6-year terms so as to provide some stability. Both houses would have to agree to legislation before it could become law.

In accordance with this system, today there are 100 Senators (two from each of 50 states) and 435 members of the House of Representatives representing the residents of as many districts throughout the country. The 435 House seats are divided among the states based on total population (281,421,906 in 2000), but allowing every state a minimum of one representative.

Date: 2015-12-11; view: 790