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Legal History Commons

Open Access. Powered by Scholars. Published by Universities.®

Supreme Court

2018

Pepperdine Law Review

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How Law Employs Historical Narratives: The Great Compromise As An Example, Louis J. Sirico Jr. Apr 2018

How Law Employs Historical Narratives: The Great Compromise As An Example, Louis J. Sirico Jr.

Pepperdine Law Review

Although historians base their interpretations on facts, they often use the same facts to tell a variety of stories. Of the varying stories, which gain acceptance by society and the courts? To explore this question, this Article examines the historiography of the Great Compromise. At the 1787 Constitutional Convention, the deputies debated how to elect members of the House and Senate. Should each state have equal representation or should each state have representation based on its population? The heavily populated states wanted population-based (proportional) representation while the less populated states wanted a one-state-one-vote system. After difficult debates, the Convention, by …