Great Compromises of the U.S. Constitution
By Melissa Marks, Ph.D.

Overview

The Constitution lays out the design of the United States Government. While compromises solved some problems, the underlying problems of slavery and states' rights remained and eventually led to the Civil War. The content covered in this lesson is important for students to understand (a) how the U.S. Constitution was created, (b) the issues that arose among states, and (c) the general problems in creating a federal government. It also gives students the background they need to understand the Civil War.

Curriculum Standards

For a list of standards that this unit addresses, click here.

Time required

Two to three class periods.

Materials

A copy of the Constitution of the United States (offered in all history texts).

The Lesson

At the start of the lesson, it is assumed that students are familiar with the Articles of Confederation.

Note to teachers:

This lesson employs the "jigsaw" method of cooperative learning. The students first are in expert groups (in this case, the state groups) to learn and internalize the information. In this group, students read the information together and ask questions. They then move into their jigsaw groups (one person from each expert group) to compare/contrast their information.

When placing students in the jigsaw groups, students should be heterogeneously grouped (one high achiever, one low achiever, and two middle achievers). If the number of students in class is not evenly divisible by four, create partnerships; groups consisting of less than four students do not work in this simulation.

Anticipatory Set

Announce that the students will become representatives to the Continental Congress. First, assign each student to one of four "expert" groups: "Northern Large State," "Northern Small State," "Southern Large State," "Southern Small State." In these groups, students will become experts on state policy. They will have approximately five minutes to read and process the information they are given. Please ask group mates for clarification.

Procedures

Day One: Introduction

1. Assign students into groups.
   
   
2. Have students move into expert groups, read the worksheet, and have them explain their state's wishes in their own words. Move amongst the groups, supervising and assisting with explanations where necessary.
   
   
3. When these (expert) state-groups are finished looking over their task, direct them to:
   
   
   • Move from the expert groups into jigsaw groups. In these new groups, there will be representatives from each state: one northern large, one northern small, one southern large, one southern small. Each student will be representing his/her state, and the objective is to get everyone to agree with his/her state's agenda.
     
     
   • There will be four people per group. That means four votes. However, in some groups, there may be two people from the same state. However, just like in the real Continental Congress, no matter how many representatives a state has, that state only has one vote. So, if there are two people from a "Southern Small State," both of them can talk, but they only have one vote total. So, there will always be only four votes.
     
     
   • The goal as a representative is to get everything that the constituency wants. Bribery & bullying are not acceptable, but compromise is encouraged.
   
   
4. Assign students to jigsaw groups and then assign additional roles within each group as follows:
   
   
   • Facilitator: manages group-makes sure that everyone is given time to share his/her perspective and keeps group on-task.
     
     
   • Query/Research Guide: is the only person who can ask the teacher questions (this serves two purposes: first, the group problem-solves before involving the teacher; second, if someone in the group knows, he/she can explain it).
     
     
   • Recorder: writes down the group's conclusions.
     
     
   • Encourager: gives praise to students and makes sure that students follow proper conduct within the group discussions and work.
   
   
5. Have students move into their jigsaw groups. The facilitator should get the group started on one of the issues.
   
   
6. During the course of the group work, you should circulate, asking questions to get the students to give deeper, more insightful arguments and making sure that each student understands their own stand. (Note: argument three is very difficult, as it seems counter-intuitive. You may need to explain this to the class as a whole.)
   
   
7. Students may complain that this is an impossible task because every vote ends up with a two-to-two tie. Encourage them to think outside of the box, compromise, and problem-solve.
   
   
8. This debate can be carried over to the second day if the students' interest allows it. Otherwise, it ends at the end of Day One.

Day Two: Presentation of Content/Post discussion

1. Teacher reviews yesterday's lesson.
   
   
2. Ask a member from each group to explain what, if anything, they voted on and passed. Do this for each group without comment.
   
   
3. Discuss: Why was it so difficult to come to agreements? (Answers should center on the idea that each representative wanted his or her own way, the vote was continually split, and no one wanted to give in).
   
   
4. Explain that it was the same with the states. Each state believed that its needs were more important than the group - in this case, the Federal Government. Many people believed that their states fought the revolution to gain freedom from Britain's strong, centralized government. They did not want to give up their state's right and allow a strong centralized government - even on their own soil - to control them.
   
   
5. For each of these issues, a compromise was needed. Have students define compromise (where each party gives up some of what they want to gain some of what they want). Then, students should look at how each compromise actually turned out by reading each one in the Constitution and then discussing it as follows:
   
   
   • Read: Article 1, Section 1; Section 2, part 3; and Section 3, part 1.
     Ask: How did this solve the problem regarding representation? (This is called The Great Compromise, which allowed states to be represented by both population [House of Representatives] and equal votes [Senate]).
     
     
   • Re-read: Article 1, Section 2, part 3. " Representatives and direct taxes shall be apportioned ... by adding to the whole number of free persons, including those bound to service for a term of years...three-fifths of all other persons."
     Ask: To whom are they referring with "all other persons?" What was decided about whether slaves count as property or people? (They count as BOTH property and people, three-fifths of a person for representation and as property for taxation. The section The Three-Fifths Compromise Agreement counts every slave as three-fifths of a free person in determining a state's representation in the House of Representatives.)
     
     
   • Read: Article I, Section 9, part 1. "The migration or importation of such persons as any of the States now existing...."
     Ask: What type of people would be imported? What does this article say? (It refers to the continuation of the slave trade with Africa until 1808, which brought thousands of slaves to America in a rush of slave-trading activity.)
     
     
   • Read: Article 2, Section 2.
     Ask: A student should explain what electors are. Why would some people want electors instead of voting directly for the President? (The Electoral College provided a buffer between the general public (seen as an unruly, uneducated mob by some) and choosing a President. Therefore, the public's input was checked by a group of educated, trusted, non-government men.)
     
     
   • Read: Article 4, Section 2, part 3. "No person held to service or labor in one State ... but shall be delivered upon claim of the party to whom such service or labour may be due."
     Discuss: The Fugitive Slave Clause enabled slave catchers to go across state lines in pursuit of runaway slaves. A few years later in 1793, Congress turned this clause into a law called the Fugitive Slave Law. It allowed owners or their agents to cross into others states to "retrieve" a runaway slave. Thus, slaves who reached freedom in the northern states could still be brought back to their masters in the South. Some northern states resisted this law by creating state laws making it illegal to assist in capturing runaway slaves. The southerners complained and made another, harsher Fugitive Slave Act in 1850.
   
   
6. Have students reassume their positions as representatives. Have each student write a letter back to his/her state legislature. They came here to Philadelphia to represent their state; they must show their states in this letter that they did a fantastic job. To do that, students need to explain the following:
   
   
   • The difficulty in the process.
     
     
   • The real outcomes of each compromise as written in the Constitution.
     
     
   • What the state gained from each compromise; students should be honest about the outcomes.
   
   
7. Tell students their work will be graded on thoroughness and accuracy. (See Appendix B for suggested rubric.)

Closure

In creating these many compromises, those who favored a strong federal government and a constitution were able to prevail. While the compromises solved some problems outright, such as having a single president and two legislative houses, they merely provided a temporary solution to the issue of slavery, which reappeared many times over following 70 years when the Civil War erupted.

Assessment

1. Observe students' cooperation (informal assessment).
   
   
2. Assess students' letters home to state's legislature informing them of the outcomes in the Constitutional debates. (formal assessment, see sample rubric).
   
   
3. Assess students' answers to questions in class (informal assessment).

This lesson was submitted by Dr. Melissa J. Marks, University of Pittsburgh at Greensburg, Greensburg, PA, a proud former eighth grade American History teacher in Cincinnati, Ohio.

	A	B	C	D	E	F	G
Northern Large
Northern Small
Southern Large
Southern Small

The "expert" groups who meet first to clarify the issues are by state (horizontal grouping across). There will be a "Northern Large State" group, a "Northern Small State" group, a "Southern Large State" group, and a "Southern Small State" group.

The "jigsaw" groups who meet to debate the issues are by letter (vertical grouping). There will be an "A" group, a "B" group, a "C" group, etc.

Southern Small State

This is the Constitutional Convention, and you are a representative to your state. You must make sure that the demands that your state wants are met. If not, you will lose your job as a Congressman. There will be opposition (people against you) for each of the following items; however, be of good cheer: compromises are possible, and with them, everyone can get their way. Good Luck!

1. You do not want slavery to end. Slavery is part of your way of life, and you need slaves to do the work on your plantation. Further, if one of your slaves runs away, it must be returned to you--it is your property.
   
   
2. You believe in slave trading. The northerners are the ones whose ships bring the slaves into the country from Africa, anyway. It is necessary for you to continue to get more slaves.
   
   
3. You do not want slavery to end. Slavery is part of your way of life, and you need slaves to do the work on your plantation. Further, if one of your slaves runs away, it must be returned to you-it is your property.
   
   
4. The number of votes that each state has should be based on population. It would be unfair for a state with 100,000 people to have the same say as a state with 1,000,000 people. That would mean that people in highly populated areas would actually have less of a say than those in another state. If all states are truly equal, then their citizens should have equal say: each vote should represent a set number of citizens. It is recognized that larger states deserve to have more delegates in Congress: the vote also needs to represent this.
   
   
5. We need to have a committee to head our government. After our war with England, we recognize that a single man in charge of the government has too much power. With a plural executive, our country will be safe from tyranny, level heads can cool hot tempers, and our country will be safer and run more smoothly.
   
   
6. Most people in our country are illiterate and live in rural areas in which they may not hear about the candidates or may just hear rumors. We cannot let them directly vote for the executive branch of our government. Instead, others who are more educated should make the decision for the people-or at least, they should have a greater say in who becomes the leaders of our country.

This is the Constitutional Convention, and you are a representative to your state. You must make sure that the demands that your state wants are met. If not, you will lose your job as a Congressman. There will be opposition (people against you) for each of the following items; however, be of good cheer: compromises are possible, and with them, everyone can get their way. Good Luck!

1. You do not want slavery to end. Slavery is part of your way of life, and you need slaves to do the work on your plantation. Further, if one of your slaves runs away, it must be returned to you-it is your property.
   
   
2. You believe in slave trading. The northerners are the ones who bring the slaves into the country from Africa, anyway. It is necessary for you to continue to get more slaves.
   
   
3. Although you believe that slaves are property, you do not want to pay property taxes on them (it would cost you a lot of money). Therefore, for the purpose of taxation and population, you would like them to count as people. In this way, you would not have to pay taxes on them.
   
   
4. We need to have a committee to head our government. After our war with England, we recognize that a single man in charge of the government has too much power. With a plural executive, our country will be safe from tyranny, level heads can cool hot tempers, and our country will be safer and run more smoothly.
   
   
5. Most people in our country are illiterate and live in rural areas in which they may not hear about the candidates or may just hear rumors. We cannot let them directly vote for the executive branch of our government. Instead, others who are more educated should make the decision for the people-or at least, they should have a greater say in who becomes the leaders of our country.

This is the Constitutional Convention, and you are a representative to your state. You must make sure that the demands that your state wants are met. If not, you will lose your job as a Congressman. There will be opposition (people against you) for each of the following items; however, be of good cheer: compromises are possible, and with them, everyone can get their way. Good Luck!

1. You do want slavery to end. Slavery has to be eliminated in the North and, as you see it, is morally wrong. Slaves are people, and no person deserves to be kept as a slave. Further, if a slave runs away and gets to a state in which slavery is illegal, then that slave is FREE, based on a state's rights.
   
   
2. The importation of slavery needs to end. There are plenty of slaves here currently-more slaves do not need to be brought in from Africa.
   
   
3. Although you believe that slaves are people, you do not want them to count as people for the southerners (they would count them as part of their population and get more delegates in Congress). Also, if the southerners are going to keep slaves as property, they should be forced to pay property taxes on them (it would cost them a lot of money, therefore discourage them from keeping slaves OR from raising lots of taxes for the Federal Government). Therefore, for the purpose of taxation and population, you would like them to count as property.
   
   
4. The number of votes that each state has should be based on population. It would be unfair for a state with 100,000 people to have the same say as a state with 1,000,000 people. That would mean that people in highly populated areas would actually have less of a say than those in another state. If all states are truly equal, then their citizens should have equal say: each vote should represent a set number of citizens. It is recognized that larger states deserve to have more delegates in Congress: the vote also needs to represent this.
   
   
5. It is necessary to have one person acting as the executive in the government. Without a single executive, no decisions will ever be made, people will blame each other for things not getting done, no leadership will exist within a committee of "plural executives," and there will be no head of state to greet and associate with other heads of state (like kings or such).
   
   
6. The people should be able to elect the leader of our country directly. That is the idea of a democracy rather than a monarchy: the people need to have the power.

This is the Constitutional Convention, and you are a representative to your state. You must make sure that the demands that your state wants are met. If not, you will lose your job as a Congressman. There will be opposition (people against you) for each of the following items; however, be of good cheer: compromises are possible, and with them, everyone can get their way. Good Luck!

1. You do want slavery to end. Slavery has to be eliminated in the North and, as you see it, is morally wrong. Slaves are people, and no person deserves to be kept as a slave. Further, if a slave runs away and gets to a state in which slavery is illegal, then that slave is FREE, based on a state's rights.
   
   
2. The importation of slavery needs to end. There are plenty of slaves here currently-more slaves do not need to be brought in from Africa.
   
   
3. Although you believe that slaves are people, you do not want them to count as people for the southerners (they would count them as part of their population and get more delegates in Congress). Also, if the southerners are going to keep slaves as property, they should be forced to pay property taxes on them (it would cost them a lot of money, therefore discourage them from keeping slaves OR from raising lots of taxes for the Federal Government). Therefore, for the purpose of taxation and population, you would like them to count as property.
   
   
4. The number of votes that each state has should be equal. It would be unfair for one state to have more of a say than another just because of land size or population size. If all states are truly equal, then they should have equal say: one state = one vote. At present, larger states get more delegates (or representatives) in Congress, but only one vote total is allowed per state. This should be changed: every state should get one representative and one vote per state.
   
   
5. We need to have a committee to head our government. After our war with England, we recognize that a single man in charge of the government has too much power. With a plural executive, our country will be safe from tyranny, level heads can cool hot tempers, and our country will be safer and run more smoothly.
   
   
6. Most people in our country are illiterate and live in rural areas in which they may not hear about the candidates or may just hear rumors. We cannot let them directly vote for the executive branch of our government. Instead, others who are more educated should make the decision for the people-or at least, they should have a greater say in who becomes the leaders of our country.

Content and Total Points	Scoring/Criteria
	Thorough	Moderately Thorough	Not Very Thorough	Not Included
Explain the difficulty in the process. A thorough answer should include explanations about: Problems of state rights vs. federal power Lack of solid majority Variety of differing opinions (3)	(3) Includes: All three issues	(2) Includes: Two issues OR Parts of all three issues	(1) Includes: One issue OR Parts of two issues	(0) Doesn't explain any points
Explain the outcomes of each compromise. A thorough answer should include explanations about: Three-Fifths Compromise Great Compromise Importation of Slaves Fugitive Slave Act Electoral College/President (5)	(5) Includes: All five issues	(3) Includes: Three issues OR Parts of four issues	(1) Includes: One issue OR Parts of two issues	(0) Doesn't explain any points
	Correct Perspective	Mostly Correct Perspective	Some Correct Perspective	Not Included
Explain what you gain from each compromise. (5)	(5) All issues included	(3) At least three issues included	(1) Less than three issues included	(0) No issues included
	Good	Fair	Poor
Grammar & Spelling (2)	(2) Correct Grammar and Spelling	(1) Few Mistakes in Grammar or Spelling	(0) Many Mistakes in Grammar or Spelling
Total Points Out of 15---->