Isabella Carter
The framers of the American Constitution were visionaries who sought to address the challenges facing the nation at the time and establish foundational principles to guide the country into the future. However, some critics argue that the framers were motivated by self-interest and that the Constitution was a result of interest-based thinking. The Constitution was designed to limit the political influence of the voting public and protect the interests of the federal government, including through the establishment of a nationwide system of courts. The framers also sought to shield the judiciary from populist influence, which some argue was undemocratic. The question of whether the framers of the Constitution always wanted nationalism is complex and open to interpretation, with varying perspectives depending on one's political and ideological stance.
| Characteristics | Values |
|---|---|
| The framers believed that the Articles of Confederation were deficient in several ways | |
| The framers believed that the nation's first charter was deficient in several major ways | |
| The framers believed that the government was created to protect property, not redistribute it | |
| The framers considered how to shield the judiciary from populist influence | |
| The framers believed that the solutions they provided would remain a sensible governing document | |
| The framers believed that the Articles of Confederation were flawed because they gave the Confederation Congress the power to make rules and request funds from the states, but it had no enforcement powers, couldn’t regulate commerce, or print money | |
| The framers believed that the Articles of Confederation were flawed because they led to states’ disputes over territory, war pensions, taxation, and trade | |
| The framers believed that the Articles of Confederation were flawed because they did not provide for federal courts | |
| The framers believed that the Constitution should define fundamental freedoms in general terms, such as freedom of speech, due process of law, free exercise of religion, equal protection of the laws, and cruel and unusual punishment | |
| The framers believed that the Constitution should set forth governmental powers in general terms, such as the power of Congress to regulate commerce, the executive power to execute laws, and the judicial power to decide cases and controversies | |
| The framers believed that the Constitution should be interpreted in light of text, history, precedent, values, changing social, economic, technological, and cultural conditions, and practical realities | |
| The framers believed that the Constitution should be improved to better serve the needs of the present rather than being blindly revered | |
| The framers believed that the Constitution should provide for a strong central government to face the nation's challenges | |
| The framers believed that the Constitution should be ratified through conventions of the people rather than by Congress or the state legislatures | |
| The framers believed that the Constitution should be ratified by 9 of the 13 states |
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What You'll Learn
The Articles of Confederation
The Articles outlined a Congress with representation not based on population – each state would have one vote. Ratification by all 13 states was necessary to set the Confederation into motion. Virginia was the first state to ratify, on December 16, 1777, and by February 1779, 12 states had ratified the Articles. Maryland was the final state to ratify the Articles on March 1, 1781, thus establishing the Congress of the Confederation.
However, the Articles of Confederation soon proved to be deficient in several ways. The central government had insufficient power to regulate commerce, levy taxes, or print money. It was also generally impotent in setting commercial policy and supporting the war effort. The states retained considerable power, and disputes over territory, war pensions, taxation, and trade threatened to tear the young nation apart.
In May 1787, the Constitutional Convention assembled in Philadelphia to revise the Articles of Confederation. However, it soon became clear that a complete redesign of the government was necessary. The delegates, including George Washington, James Madison, and Alexander Hamilton, believed that a strong central government was needed to address the nation's challenges. They compromised by giving each state one representative for every 30,000 people in the House of Representatives and two representatives in the Senate. They also agreed to count enslaved Africans as three-fifths of a person, temporarily resolving the issue of slavery.
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The role of the federal judiciary
The framers of the Constitution, including George Washington, James Madison, and Alexander Hamilton, were concerned about the limitations of the Articles of Confederation, America's first constitution. They believed that a strong central government was necessary to address the nation's challenges and prevent its collapse. To this end, they established a nationwide system of courts, including the US Supreme Court, to protect the interests of the federal government and ensure the enforcement of federal laws and treaties.
The federal court system is structured into three main levels: district courts, circuit courts, and the Supreme Court. District courts, also known as trial courts, are the starting point for cases arising under federal statutes, the Constitution, or treaties. There are 94 district courts across the country. Circuit courts, or courts of appeals, serve as the first level of appeal, reviewing decisions made by lower courts to determine if the law was applied correctly. There are 13 circuit courts in total. The Supreme Court is the highest court in the nation and the final level of appeal in the federal system. It is tasked with deciding the constitutionality of federal laws and resolving cases involving federal laws, with its judges, or justices, selected by the President and confirmed by the Senate.
Federal courts have limited jurisdiction, hearing only cases authorized by the US Constitution or federal statutes. They handle disputes between states, matters of federal law, and cases where the defendant has chosen to "remove" to federal court. Diversity jurisdiction allows a plaintiff from one state to file a lawsuit in federal court when the defendant is from another state, provided the "amount in controversy" exceeds $75,000. Federal judges are granted tenure "during good behavior" and protection from salary diminution to safeguard their political independence.
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The influence of the voting public
The Constitutional Convention of 1787 in Philadelphia was convened to amend the Articles of Confederation, but the delegates, including nationalists like James Madison, James Wilson, and Gouverneur Morris, soon decided on a complete redesign of the government. The nationalists wanted to bring the issue of the Constitution before "the people," as they believed ratification was more likely through conventions of the people rather than Congress or state legislatures. They argued that a strong central government was necessary to face the nation's challenges and prevent anarchy and lawlessness, which most Americans believed would lead to tyranny.
The framers of the Constitution sought to limit the influence of the voting public in various ways. They compromised on congressional representation by giving each state one representative for every 30,000 people in the House of Representatives and two representatives in the Senate, which gave voters in small states more political power. They also established a nationwide system of courts, including the U.S. Supreme Court, to protect federal interests and safeguard the political independence of federal judges.
The ratification process of the Constitution further highlights the influence of the voting public. The framers bypassed state legislatures and called for special ratifying conventions in each state, knowing that members of state legislatures would be reluctant to give up power. Ratification by 9 of the 13 states was required, and the Federalists needed to convert at least three states. The "vote now, amend later" compromise in Massachusetts helped secure victory, demonstrating the power of the voting public in shaping the adoption of the Constitution.
While the framers wanted to limit the excesses of democracy, they also recognized the need for a strong central government and the importance of popular support. They created a system that balanced federal power with state representation, and the influence of the voting public was a critical factor in the formation and ratification of the Constitution.
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The protection of fundamental freedoms
The framers of the American Constitution were visionaries who designed a constitution to endure. They sought to address the specific challenges facing the nation during their lifetimes and to establish the foundational principles that would sustain and guide the new nation into an uncertain future. The text of the Constitution reflects this vision, defining fundamental freedoms in general terms: freedom of speech, due process of law, free exercise of religion, equal protection of the laws, and protection from cruel and unusual punishment.
The framers also considered how to shield the judiciary from populist influence. While the Articles of Confederation provided for no federal courts, the Constitution authorized a nationwide system of courts to protect the interests of the federal government, particularly regarding taxation and the enforcement of federal treaties. To safeguard their political independence, federal judges were granted tenure and protection from salary diminution.
The Constitution, while promising liberty to the citizens, also limited their political influence on the national government. This exclusion of certain groups from the franchise, including women, enslaved people, and those who did not own sufficient property, was a significant factor in the balance of power.
The founders set the terms for ratifying the Constitution, bypassing the state legislatures and calling for special ratifying conventions in each state. This was a tactical move as they recognized that state legislature members would be reluctant to give up power to a national government. The Federalists, who believed in a strong central government, needed to convert at least three states to their cause. The Anti-Federalists, on the other hand, fought against the Constitution as it created a powerful central government and lacked a bill of rights.
The Constitution was a compromise between various interests and ideologies, and its interpretation and application have evolved over time to adapt to changing social, economic, and technological conditions. The principles enshrined in the Constitution remain constant, but their implementation must be flexible to remain relevant in an ever-changing society.
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The need for a strong central government
The founding fathers of the United States of America gathered in Philadelphia in May 1787 to amend the Articles of Confederation, the original framework of government for the country. However, it soon became clear that many of the delegates believed that the nation’s first charter was deficient in several major ways, and it needed to be replaced.
The Articles of Confederation gave the Confederation Congress the power to make rules and request funds from the states, but it had no enforcement powers, couldn’t regulate commerce, or print money. The states’ disputes over territory, war pensions, taxation, and trade threatened to tear the young country apart. James Madison, Alexander Hamilton, and George Washington feared their young country was on the brink of collapse.
The nationalists, led by Madison, believed that a strong central government was necessary to face the nation’s challenges. Madison wanted a strong central government to provide order and stability. He wrote:
> "Let it be tried then, whether any middle ground can be taken which will at once support a due supremacy of the national authority," while maintaining state power only when "subordinately useful."
The Federalists, who believed in a strong central government, needed to convert at least three states to ratify the new government. The Anti-Federalists, on the other hand, fought hard against the Constitution because it created a powerful central government that reminded them of the one they had just overthrown, and it lacked a bill of rights.
The founding fathers designed the Constitution to endure, addressing the specific challenges facing the nation during their lifetimes, and establishing foundational principles that would sustain and guide the new nation into an uncertain future. The text of the Constitution reflects this vision, defining fundamental freedoms and governmental powers in general terms.
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Frequently asked questions
Yes, the framers of the Constitution wanted to limit the voting public's political influence. They also wanted to shield the judiciary from populist influence.
The Constitutional Convention assembled in Philadelphia in May 1787. The delegates intended to revise the Articles of Confederation but soon decided to completely redesign the government.
The Federalists among the framers wanted a strong central government. They believed that a strong central government was necessary to face the nation's challenges.
No, the framers did not always get their way. For example, the populists at the Convention insisted on state equality in the Senate, which gave voters in small states more political power.
No, the framers of the Constitution did not want to choose the president.
