These results were not achieved without diffi culty—in the face of profound differences of opinion. In most of the States the ratification of the Constitution was secured by narrow majori ties, and after prolonged and earnest discussion, and in none of the States was it approved with anything approaching unanimity. This opposi tion and these differences of opinion were pri marily due to what have been called 'the compromises of the Constitution.' These were three in number. The first dealt with the funda mental conflict between those who desired a strong central authority and those who feared the extension of executive power. This was Ma promised by investing the President of the Re public with great powers. but for a limited term only. and by a complicated system of 'cheeks and balances,' whereby the exercise of his power was at divers points and in various ways subjected to the control of Congress or of the Senate.
The second compromise was of the conflict of the great and small States. the former claiming the weight in the National Government to which their size, wealth, and population entitled them, and the latter insisting upon the recognition of their equality as independent, self-governing com monwealths. This was effected by the institution of two chambers of legislation, a Senate, in which the States were to have equal representation, and a House of Representatives, in which the repre sentation should be in proportion to population. This compromise involved also the delicate ques tion of the distribution of power between the two Houses of Congress.
The third compromise was of the controversy between the upholders of slavery and those who believed that slavery should be restricted or abol ished. This was adjusted by the proviso forbid ding Congress to prohibit the importation or migration of slaves before the year 1808 (Art. I., See. 9), and the requirement that fugitive slaves should be delivered up by the States in which they had taken refuge (Art. IV.. See. 2). As no power was conferred upon Congress or the President to interfere with slavery in the States in which it existed, the institution was left within the com plete control of those States.
In some of the States, great dissatisfaction was expressed at the absence of anything like a Bill of Rights in the Constitution, and for a time the fear was felt that certain of the States might rouse to ratify unless the Constitution were amended. Accordingly, the first Congress after the adoption of the Constitution proposed a. series of amendments, which were promptly rati fied by the States as Articles 1.-1. of the amend ments as thty now stand. (See RIGHTS, BILL OF ) . Articles xi. and XII. speedily followed, in 1703 and 1803, respectively. From that date to the
Civil War. no amendments to the original instru ment were achtpted. The three remaining amend Articles X111., X1V., and XV., were adopted in 1865. 1808. and 1870, respectively, as part of the reconstruction policy of the govern ment after the Civil War, in order to secure to the lately emancipated slaves the legal and politi cal benefits of full citizenship in the United States and in the several States. The character and effect of these amendments are considered in the article on RIGHTS, CIVIL. See, also, CIVIL WAR ; RECONSTRUCTION ; SLAVERY.
It remains to be said, in conclusion, that, in speaking of the Constitution of a State, reference is made to the whole body of its fundamental law, whether embodied in written form or not. The Constitution of every active political com munity is the product of many agencies and in fluences, not merely of deliberate legislative action. That of the United States is no excep tion to this rule. The Constitution, as adopted in the early formative period of the Republic, and formally amended from time to time in the manner therein prescribed, has been more exten sively amended by the insensible processes of use and custom. and by the far-reaching effects of judicial construction. As to the last, it may be said that the Constitution, in setting up a su preme judicial tribunal, with the function of passing upon the validity of national and State legislative action and of executive action, has .indirectly provided for a process of amendment much more efficacious than that directly provided. The Constitution of the United States, as it exists I:0-day, therefore, must looked for in the de J7isions of the courts and in the political practice )f the people, as well as in the text of the original Irticles and their formal amendments. The leading authorities on the Constitution are: The Federal ist; Elliott's Debates in Convention on the Adop tion of the Federal Constitution; Curtis, History, Origin, Formation. and Adoption of the Constitu tion of the United States; Story, Commentaries on the Constitution of the United Stales (any edition) : Cooley, Treatise on the Constitutional Limitations Which Hest Upon the Legislative Powers of the States: Von Hoist, Constitutional Law of the United States of America (transla tion, Chicago, 1887) De Toequeville. Democracy is America ( translation, London, I833) ; Bryce, The American Commonwealth (3d ed.), and the Cases on Constitutional Law of the United States. collected and edited by J. B. Thayer (Cambridge. Mass.. 1894-95). See also. CONSTI TUTION CONSTITUTIONAL LAW ; SUPREME COURT OF THE UNITED STATES. The text of the Con stitution is as follows: