Within the philosophical and institutional context outlined in previous chapters, delegates to the conventions of 1891 and 1897–8 drafted Commonwealth Bills for the formation of an Australian federation. The Commonwealth Bills contained representative structures deeply influenced by those formative conditions.

The bills grew progressively out of Andrew Inglis Clark's draft, modified under the leadership of Samuel Griffith in 1891 and Edmund Barton in 1897–8. While important changes were made, Clark's structural framework was largely preserved, particularly the relationship between the formative basis of the proposed federation and the representative institutions, configuration of power and amendment provisions to be adopted. In particular, Clark's scheme for the composition of the Federal Parliament and the structure of the Constitution's text remained largely intact. While later changes moved the Constitution in relatively more nationalist directions, the formative processes through which Constitution came into being constrained that movement significantly.

While these practical constraints limited what was arguable and feasible within the federal conventions of 1891 and 1897–8, there was significant debate about the details, and philosophical factors were prominent. Broadly speaking, there were three main lines of division. The first of these was a division between liberals and conservatives. The basic principle of the liberals was the idea of popular and progressive government. On the liberal view, the people should rule, and this meant a broad franchise and majority rule.