Enshrined Mistakes or Enlightened Compromises

 

* Historical Background

  - Articles of Confederation (1777) were too clunky

    -> a wartime necessity, it made many compromises

    -> unity brought by war hid weaknesses

    -> Confederation structure

        => congress only, one vote per state

        => could wage war and negotiate between states

        => many weaknesses of Confederation:

             +> one vote per state unfair to big populations

             +> “National Gov.” couldn’t tax

             +> no executive power to enforce law

             +> no national courts to have final say

             +> no amendment without 100% approval

             +> 9/13 super-majority required to pass laws

  - The inter-state struggles of 13 jealous little countries at end of war (1781)

    -> states withheld support from federal government

    -> state pursuing independent foreign policies

    -> separate armies

    -> taxes on trade between states

  - 1787, a meeting called to improve, fix the Articles of Confederation

    -> becomes a new constitutional convention

    -> met secretly to avoid outside pressure

* Useful compromises (or cancers?)

  - bicameral (2 room/house) legislature

    -> “The Connecticut Compromise”

    -> small states feared being crushed by a population based representation

        => Delaware would be crushed by a big state like NY

    -> big states didn’t want to be on equal terms with small

        => why should all of NY have same power as Delaware?

    -> allowed small states to agree to a strong central gov.

    -> legacy:

        => massive inequality of representation

             +> Texas, Florida, NY, and Cali have only 8 senators of 100, while having 80 of 260

                   million (30%) of the nation’s population

             +> States with largest non-White population have lowest  Senate representation

        => small-state senate races bought with out-of-state money (non-local representation)

        => small-state Senators can pull in unrepresentatively big bucks