Structure and Composition of Federal Legislative Power

Key Insight

The federal legislative body, following the model of state constitutions, was established as bicameral, comprising a Senate and a House of Representatives. This structure emerged from a conciliation of two opposing political theories: one advocating for the Union as a league of independent states with equal representation, and another desiring a single nation governed by a national majority. The practical consequences of these theories were vastly different, particularly for small states, which would have held unreasonable power in a league or been reduced to insignificance in a purely national system.

The framers adopted a middle path, blending these theoretically irreconcilable systems. The principle of state independence was upheld in the Senate, where each state, regardless of size, sends two senators. Conversely, the dogma of national sovereignty prevailed in the House of Representatives, where representation is proportional to population. This means, for example, New York today has forty representatives but only two senators, while Delaware has one representative and two senators, allowing a national minority in the Senate to potentially paralyze the will of the majority in the House, a feature contrary to the spirit of constitutional government.

Despite this apparent logical inconsistency, this part of the Constitution has not produced the feared ills because the states are relatively young, homogeneous in mores, ideas, and needs, and differences in size have not created deeply opposing interests. The legal expression of the entire people's will, often articulated through the House, is so powerful that the Senate's potential resistance is weakened. Ultimately, the federal constitution's aim was not to eliminate the states but to circumscribe their existence, acknowledging their inherent power and accommodating them rather than coercing them.