Omar Bennett
The Constitution of the United States of America, which came into effect in 1789, was an attempt to unite the 13 colonies as a single nation. The founding fathers were forced to compromise with the states to ensure ratification of the Constitution, which was met with resistance. The Constitution banned slavery, but Virginia refused to ratify it, and Massachusetts demanded a Bill of Rights. The issue of slavery continued to divide the North and the South, with Southerners arguing for states' rights and a weak federal government. The Confederate Constitution, adopted in 1861, protected slavery and emphasised state sovereignty.
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What You'll Learn
The Articles of Confederation (1777)
The Articles of Confederation, established in 1777, was the United States' first constitution. It was adopted by the Continental Congress on November 15, 1777, and served as the written document that established the functions of the national government of the United States after it declared independence from Great Britain. The Articles united the 13 colonies as a loose league of states represented in a Congress, with each state retaining its sovereignty, freedom, and independence.
The Articles of Confederation established a weak central government, which mostly, but not entirely, prevented the individual states from conducting their own foreign diplomacy. The Congress, the primary organ of the new national government, had limited powers, including the power to declare war, appoint military officers, sign treaties, make alliances, appoint foreign ambassadors, and manage relations with the American Indians. All states were represented equally in Congress, and nine of the thirteen states had to approve a bill before it became law. Amendments required the approval of all states.
The Articles represented an attempt to balance the sovereignty of the states with an effective national government. Under the Articles, the states, not Congress, had the power to tax. Congress could raise money only by requesting funds from the states, borrowing from foreign governments, and selling western lands. The Articles also established a unicameral legislature with limited and clearly delineated powers.
The Articles of Confederation served as the nation's plan of government until the US Constitution was ratified in 1788. The Constitutional Convention of 1787 proposed a new constitution, establishing a much stronger national government. This controversial new Constitution replaced the Articles of Confederation as the framework of the United States government.
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The Constitution and the preservation of slavery
The United States Constitution, drafted in 1787 and ratified in 1789, did not contain the words "slave" or "slavery" within its text. However, it dealt directly with American slavery in at least five of its provisions and indirectly protected the institution in other parts of the document. The three-fifths clause, for instance, counted three-fifths of a state's slave population when apportioning representation, giving the South extra representation in the House of Representatives and extra votes in the Electoral College. This clause, according to James Oakes, was a "proslavery" measure that entrenched slavery in the national political framework.
The Fugitive Slave Clause, which required states to return fugitive slaves, is another example of a provision that protected slavery. The Constitution also prohibited federal interference with the international slave trade for at least 20 years, ensuring that slavery remained a national issue. These measures, according to historian Vernon Burton, demonstrate the delegates' commitment to mirroring the US Constitution while articulating specific differences, particularly concerning the preservation of slavery and state rights.
The framers of the Constitution believed that concessions on slavery were necessary to gain the support of southern delegates for a strong central government. They were convinced that if the Constitution restricted the slave trade, states like South Carolina and Georgia would refuse to join the Union. This belief was echoed in the words of John Rutledge of South Carolina, who insisted that unless the regulation of the slave trade was left to the states, the southernmost states "shall not be parties to the union."
The Constitution's impact on slavery is a matter of ongoing debate. Thurgood Marshall, the first African American to sit on the Supreme Court, argued that the Constitution was "defective from the start" because it laid the foundation for future tragic events, even though some members of the Constitutional Convention voiced objections to slavery. On the other hand, some argue that the Constitution created a central government powerful enough to eventually abolish slavery, as seen in the words of James Oakes, who noted the existence of an "antislavery Constitution."
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The Constitution and state rights
The Constitution of the United States of America, which came into effect in 1789, established a federal government with more specific powers, including those related to conducting relations with foreign governments. The Constitution was drafted by the Constitutional Convention in Philadelphia between May and September 1787 to address the problems of the weak central government that existed under the Articles of Confederation.
The Articles of Confederation, which served as the United States' first constitution, was in force from 1781 until 1789. It united the states as a confederation or a loose league of states represented in a Congress. However, the Articles of Confederation lacked the authority to regulate interstate trade, and intrastate trade was hampered by states' attempts to impose import duties on goods from elsewhere in the United States. The Articles also did not provide the federal government with enough power to conduct foreign policy effectively.
The Constitution that replaced the Articles of Confederation established a much stronger national government. It created a model of government that relied on a series of checks and balances, with an executive branch to handle routine matters and an intricate system of checks and balances to manage the legislative process. The Constitution also gave the President the authority to conduct foreign relations.
The issue of states' rights and their role in the Civil War is complex. The founding fathers had to compromise with the states to ensure ratification of the Constitution and the establishment of a united country. For example, the original Constitution banned slavery, but Virginia would not accept it, and Massachusetts would not ratify the document without a Bill of Rights. The Missouri Compromise of 1820, which established lands west of the Mississippi and below latitude 36º30' as slave territory and lands north of the line as free territory (except for Missouri), was another attempt to balance the powers of the states and the federal government. However, this compromise only temporarily solved the problem, and the issue of slavery in new territories continued to fuel division between the North and the South in the 1820s and 1830s.
The Southern states consistently argued for states' rights and a weak federal government. In the 1850s, they raised the issue of secession, threatening to cancel the agreement to join the new nation unless the Senate passed a constitutional amendment to protect their interests. When Abraham Lincoln, an anti-slavery Republican, won the presidential election in 1860, Southerners felt that the only way to protect their right to govern themselves and maintain slavery was to secede from the United States. They adopted a Constitution that closely resembled the U.S. Constitution but incorporated explicit protections for slavery and state rights.
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The Constitution and foreign policy
The United States Constitution, which came into effect in 1789, was the nation's second attempt at a constitution, after the Articles of Confederation, which served as the country's first constitution from 1781 to 1789. The Constitution has had a significant impact on foreign policy, outlining distinct roles for the executive and legislative branches of the US government.
The Constitution grants the President the power to command the military and negotiate treaties, subject to Senate approval, with a two-thirds majority required for treaty ratification. The President also manages foreign relations, appoints ambassadors, and recognises foreign governments. However, the Senate plays a crucial role in approving these appointments and ratifying treaties, providing a check on executive power. For example, the Senate's rejection of the Treaty of Versailles in 1919 demonstrated the legislative branch's influence over foreign policy decisions.
Congress, as the legislative branch, has the power to declare war, regulate foreign commerce, and control funding for military operations. This financial leverage has been a significant tool in shaping foreign policy, as seen during the Vietnam War when Congress limited funds for military action. Additionally, through its oversight and investigative powers, Congress can hold the executive branch accountable for its actions, as exemplified by the Iran-Contra Affair.
The Constitution's division of powers between the executive and legislative branches creates a system of checks and balances, ensuring that foreign policy decisions reflect a balance between agility and oversight. This dynamic influences the President's ability to act independently in certain areas, such as trade negotiations and immigration policy, while also being subject to Congressional mandates and budgetary constraints.
While the Constitution provides a framework for foreign policy, it is worth noting that presidential actions and policy changes can have a significant impact on the nation's international relations. For example, the Trump administration's decision to withdraw from the Paris Agreement and its reassessment of relationships with other countries had consequences for the US's global standing.
In conclusion, the US Constitution has played a pivotal role in shaping the country's foreign policy by delineating the responsibilities of the executive and legislative branches. The dynamic between these branches, mediated by the Constitution, has influenced the direction of American diplomacy, military engagements, and international relations.
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The Constitution and the Civil War
The US Constitution, which came into effect in 1789, was designed to unite the 13 former colonies as a single nation with a stronger federal government. It replaced the Articles of Confederation, which had served as the United States' first constitution. The Articles of Confederation, adopted by the Continental Congress on November 15, 1777, united the states as a confederation—a loose league of states represented in Congress. However, the Confederation lacked the authority to regulate interstate trade and conduct foreign policy effectively.
The Constitutional Convention of 1787 proposed a new constitution that established a much stronger national government. This new constitution provoked resistance, but it was eventually ratified by the necessary number of states. The Constitution addressed issues of foreign policy by establishing a federal government with more specific powers, including the authority to conduct relations with foreign governments. An executive branch was also established to handle routine paperwork and attend to matters of lesser consequence.
The original Constitution banned slavery, but this was a source of contention, with Virginia refusing to accept it and Massachusetts refusing to ratify the document without a Bill of Rights. A compromise was reached, and the issue of slavery was temporarily resolved by the Missouri Compromise in 1820, which established lands west of the Mississippi and below latitude 36°30' as slave territory and lands north of the line as free territory. However, as the nation expanded westward, the divisive issue of slavery in new territories emerged again in the 1820s and 1830s.
The debate over states' rights and the powers of the federal government became heated, with Southerners arguing for states' rights and a weak federal government. Southerners also consistently argued for the preservation of slavery, which was a crucial part of their economy. When anti-slavery Republican Abraham Lincoln won the presidential election in 1860, Southerners felt that the only way to protect their right to govern themselves, preserve slavery, and maintain their economy was to secede from the Union. They viewed the North's opposition to slavery as a threat to their way of life and believed that secession was their only option. Thus, the Constitution, which was intended to unite the nation, ultimately contributed to the Civil War by creating divisions over states' rights, the powers of the federal government, and the issue of slavery.
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Frequently asked questions
The Articles of Confederation, which was in force from 1781 to 1789, was the first constitution of the United States.
The constitution did not unite the North and the South. The Southern states seceded due to the election of anti-slavery Republican Abraham Lincoln in 1860. The Southerners believed that the North intended to abolish slavery and destroy the Southern economy.
The Confederate Constitution, adopted in 1861, was similar to the US Constitution but explicitly protected slavery and emphasised state sovereignty. It also included a six-year presidential term and prohibited tariffs and federal support for internal improvements.
