Omar Bennett
The framers of the US Constitution were aware of its imperfections and expected future generations to improve upon it. They understood that society would continue to evolve beyond their imagination and that the language of the Constitution would need to be adapted to suit the changing social, economic, and cultural conditions. The framers also knew that the Constitution did not solve the problems of their time, such as slavery, nor could it address the challenges of the future, like global warming. In addition, the framers took measures to limit populist power, such as preventing voters from directly electing the president. This anti-democratic provision, along with others, has led to criticism of the framers for not living up to the Constitution's ideals of liberty and equality.
| Characteristics | Values |
|---|---|
| The framers limited the political influence of citizens on the national government | The framers considered how to shield the judiciary from populist influence |
| The framers did not intend to create a perfect system | The framers knew that society would continue to evolve and that their language was vague |
| The framers did not address all the problems of their time | The framers did not solve issues like slavery, the partisan or geographic divide, violent enslaved uprisings, and naval impressment on the high seas |
| The framers did not intend for future generations to treat the Constitution as sacrosanct | Thomas Jefferson suggested that each generation should create its own constitution |
| The framers did not allow for the direct election of the president by individual voters | The president was to be selected by a body of electors appointed by the states |
| The framers did not initially include a Bill of Rights | The Bill of Rights was added only after protests from Antifederalists during the ratification process |
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What You'll Learn
- The framers limited the political influence of citizens on the national government
- The framers did not want individual voters to choose the president
- The framers did not address the issue of slavery
- The framers did not include a Bill of Rights in the original constitution
- The framers did not consider the rights of Native Americans
The framers limited the political influence of citizens on the national government
The framers of the US Constitution took several steps to limit the political influence of citizens on the national government. Firstly, they ensured that the president was selected not by individual voters but by a body of electors chosen by the states. This was done to limit populist power and insulate Congress from populist pressures. Similarly, before the 17th Amendment was ratified in 1913, senators were selected by state legislators rather than being directly elected by voters. Members of the Senate were also given longer terms of office (six years) to further insulate them from populist influence.
The framers also established a nationwide system of courts, including the US Supreme Court, to protect the interests of the federal government, particularly regarding taxation and the enforcement of federal treaties. Federal judges were granted tenure and protection from salary diminution to safeguard their political independence. Additionally, the House of Representatives, whose members are directly elected, was kept relatively small to limit its populist inclinations.
The framers recognized that they could not create a system that addressed all potential future scenarios, which is why the language of the Constitution is intentionally vague in certain areas. They understood that future generations would need to interpret and apply these broad principles in changing social, economic, and cultural conditions.
It is important to note that the framers of the Constitution were responding to the specific challenges of their time, such as concerns about Spanish, British, and French encroachment on territories, fears of enslaved uprisings, and naval impressment. They were also dealing with conflicting perspectives between ordinary and elite Americans, such as the debate over debt relief measures. As a result, the Constitution has been described as "a bundle of compromises," reflecting the various compromises made during its drafting.
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The framers did not want individual voters to choose the president
The framers of the US Constitution were concerned about the relative political influence of the voting public, particularly through their control over state governments. To limit populist power, they ensured that the president was selected not by individual voters but by a body of electors chosen by the states. This was part of a larger goal to insulate the federal government from political accountability relative to the Articles of Confederation or contemporaneous state governments.
The framers' anti-populist aims can be understood in the context of the aftermath of the American Revolution, which resulted in a severe economic recession. Heavy taxes levied by states to repay war debts caused widespread economic hardship, leading to land foreclosures and violent insurrections. The framers wanted to protect the interests of the federal government, particularly regarding taxation and the enforcement of federal treaties. They also wanted to safeguard the political independence of federal judges, granting them tenure and protection from salary diminution.
The framers' vision for the presidency was one of excellence rather than popularity. They intended for electors to be men of good reputation, whose judgment could be trusted to identify the great men of the nation worthy of consideration for president. These electors were to be selected by state legislatures, with no role assigned to partisanship. The framers also tried to insulate Congress from populist pressures, keeping the House of Representatives relatively small and providing for the indirect election of senators by state legislators before the 17th Amendment in 1913.
While the framers' intentions may have been to create a system that prioritised excellence and limited populist influence, the Electoral College system has been criticised as anachronistic and in need of reform. However, it is important to recognise the challenges faced by the framers during a tumultuous period in American history and their efforts to establish a strong national government.
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The framers did not address the issue of slavery
The issue of slavery was a highly contentious topic during the drafting of the US Constitution, and the framers of the Constitution did not directly address it. While some members of the Constitutional Convention had "eloquent objections" to slavery, they ultimately consented to a document that laid the foundation for future tragic events related to slavery.
The framers consciously avoided using the word "slave" in the Constitution, recognizing that it would tarnish the document. Instead, they referred to slaves as "persons." They believed that slavery was morally wrong and would eventually die out, and they did not want to permanently stain the Constitution with that moral blemish. The framers considered slavery a contradiction of the natural rights of all individuals and a denial of consent in a republic. Many framers, including Benjamin Franklin and Alexander Hamilton, became members of anti-slavery societies.
However, slavery received important protections in the Constitution. The Three-Fifths Clause, which counted three-fifths of a state's slave population when apportioning representation, gave the South extra representation in the House of Representatives and additional votes in the Electoral College. Additionally, the Constitution included a ban on Congress ending the slave trade for twenty years, a fugitive slave clause, and provisions related to slave insurrections.
The framers made a prudential compromise with slavery because they prioritized achieving a stronger Union of republican self-government. They believed that if the Constitution restricted the slave trade, some states, such as South Carolina and Georgia, would refuse to join the Union. The framers' decision to sidestep the slavery issue left the seeds for future conflict. As Frederick Douglass noted, the framers deliberately avoided mentioning slavery in the Constitution, and Abraham Lincoln argued that they did not want the enduring charter of liberty to suggest that slavery had ever existed in the United States.
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The framers did not include a Bill of Rights in the original constitution
The United States Constitution is a document that sets forth broad principles and general terms to define fundamental freedoms and governmental powers. The Framers of the Constitution understood that future generations would be responsible for interpreting and applying these principles in practice.
At the time of its drafting, the Constitution did not include a Bill of Rights, which is now recognised as one of the three founding documents of the US. The Bill of Rights comprises the first ten amendments to the Constitution and was added later to limit government power and protect individual liberties.
The absence of a Bill of Rights was one of the reasons why George Mason and Gerry refused to sign the original Constitution. They believed that a Bill of Rights was necessary to give "great quiet to the people" and that it would be easy to compile, given the presence of similar bills of rights at the state level.
Madison, a key figure in the First Congress, also recognised the importance of a Bill of Rights, stating that "independent tribunals of justice will consider themselves...the guardians of those rights [and]...will be naturally led to resist every encroachment" upon them. Despite this, Madison faced opposition from some of his fellow Framers, including Robert Morris, who considered Madison's insistence on amendments to be a waste of time.
The Framers' decision to exclude a Bill of Rights from the original Constitution can be attributed to their focus on establishing a strong federal government and addressing populist concerns. They wanted to limit the political influence of citizens and protect the interests of the federal government, particularly regarding taxation and federal treaties.
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The framers did not consider the rights of Native Americans
The framers of the US Constitution did not consider the rights of Native Americans, and their actions had a significant impact on Native Americans' ability to exercise their rights as citizens.
The Constitution, while promising liberty to the citizens, limited the political influence of citizens on the national government and excluded those who did not own property, women, and enslaved people. Native Americans were also left out of the franchise, and they faced centuries of struggle to acquire full US citizenship and legal protection of their voting rights.
The Dawes Act of 1887 offered American citizenship to Native Americans who accepted individual land grants, but it was also a strategy for the government to acquire Native American lands. In 1924, the Indian Citizenship Act granted citizenship to all Native Americans born in the US, but it did not offer full protection of their voting rights. Native Americans were subject to the same mechanisms that prevented African Americans from exercising their right to vote, such as literacy tests and Jim Crow-like tactics.
Additionally, the US Constitution left the process of voting in local, state, and national elections to the individual states, which created a complex set of rules and regulations for Native Americans to navigate when trying to participate in state and federal elections. Some states used address requirements to limit Native American voting, arguing that those living on reservations were outside state boundaries and therefore ineligible to vote. It wasn't until the 1965 Voting Rights Act that the issue of Native American voting rights was addressed at the federal level, and even then, further legislation was needed to strengthen and reaffirm their access to voting.
The framers' failure to consider the rights of Native Americans resulted in their exclusion from the political process and a long struggle for them to gain equal rights and protection under the law.
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Frequently asked questions
The framers of the US Constitution did not live up to their creation in several ways. Firstly, they limited populist power by ensuring that the president was selected not by individual voters but by a body of electors chosen by the states. Secondly, the framers tried to insulate Congress from populist pressures by having senators selected by state legislators instead of voters, and by keeping the House of Representatives small. Thirdly, the framers did not include a Bill of Rights in the original constitution. Fourthly, they did not adequately address the issues of slavery, the partisan or geographic divide, or the treatment of Native Americans. Finally, the framers' understanding of terms like "freedom of speech" and "due process of law" was vague, making it difficult to know their precise intent.
The framers limited populist power by ensuring that the president was selected by a body of electors chosen by the states, rather than by individual voters.
The framers insulated Congress from populist pressures by having senators selected by state legislators instead of voters, and by keeping the House of Representatives relatively small.
The framers did not adequately address the issue of slavery, and 700,000 people remained in bondage at the time of the Constitution's drafting.
The framers considered Native Americans as "noble savages" to be "civilized", demonstrating a lack of understanding and respect for Indigenous cultures and communities.
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