Constitutional Convention
Why Nations Fail: The Origins of Power, Prosperity, and PovertyThe Constitutional Convention, which assembled in Philadelphia in May 1787, turned a long history of colonial political development into a national constitutional order. Its significance lay in establishing a framework that constrained political power and distributed it across institutions, but the settlement was not democratic by modern standards: it protected slavery and left political inclusion sharply limited. The compromises that helped make the Constitution possible contained rather than resolved the conflict over slavery.
Colonial Foundations
The Convention was the culmination of a process that the book traces to the formation of the Virginia General Assembly at Jamestown in 1619. By the 1720s, all thirteen colonies that would become the United States had similar governmental structures: each had a governor and an assembly elected through a franchise limited to male property holders. Women, enslaved people, and people without property could not vote. Even so, political rights in the colonies were comparatively broad, and their assemblies gave colonial leaders practical experience in collective political action.
The assemblies claimed authority over their own membership and over taxation. Their resistance to English colonial government helped draw them together: in 1774, their leaders formed the First Continental Congress, a step on the path to independence. The Convention inherited this accumulated history of representative institutions and disputes over who could exercise political power. In the book’s account, the Constitution was not simply a document drafted in one moment; it was the outcome of institutional development extending across generations.
Constitutional Aims and Limits
The delegates who met in Philadelphia in May 1787 produced a constitution that espoused democratic principles, limited the use of political power, and distributed that power broadly in society. Yet the Constitution did not establish democracy by modern standards. It left the determination of voting rights to the individual states. Northern states moved relatively quickly toward enfranchising white men regardless of income or property, while southern states did so more gradually. No state enfranchised women or enslaved people; as property restrictions on white men were lifted, racial restrictions explicitly disenfranchising Black men were introduced.
Slavery was deemed constitutional in the settlement. The dispute over how to allocate seats in the House of Representatives exposed the political bargain at its center. Seats were to be apportioned according to population, and southern representatives demanded that enslaved people be included in the count. Northerners objected. The compromise counted an enslaved person as three-fifths of a free person for purposes of representation. The rule converted the enslaved population into a basis for allocating political power to states that denied those people political rights themselves.
Compromise and Unresolved Conflict
The three-fifths rule was one of several accommodations through which the constitutional process repressed conflict between North and South. Later, the Missouri Compromise sought to preserve the balance between proslavery and antislavery interests in the Senate by admitting one state of each kind together. Such arrangements helped political institutions operate peacefully for a time, but they did not settle the underlying conflict over slavery; they managed its political consequences while preserving the institution.
The contrast between the Constitution’s limits on government and its protection of slavery is central to the book’s assessment of the Convention. The new framework constrained the use of political power and widened its distribution among political actors, yet its protections and representation were not universal. Its compromises enabled an enduring constitutional system while leaving a profound conflict embedded within it.
Aftermath and Historical Significance
The compromises kept the United States’ political institutions working peacefully until the Civil War. The war, fought from 1860 to 1865, was bloody and destructive and ultimately resolved the conflict in favor of the North. The book contrasts those five years of instability with Mexico’s almost continuous political instability during its first fifty years of independence, while noting that the United States had substantial economic opportunities for a large fraction of its population, especially in the North and West, both before and after the war.
The Convention’s significance therefore rests in a double inheritance. It helped create a constitutional order grounded in political constraints and broad distribution of power, but the bargains that secured that order also preserved slavery and deferred the confrontation between North and South. The Civil War revealed the limits of those compromises: the constitutional settlement had sustained political peace, but it had not reconciled the interests it held in tension.