Omar Bennett
The Framers of the American Constitution were visionaries who sought to address the challenges facing the nation during their lifetimes and establish foundational principles that would sustain and guide the new nation. The Constitution sets forth broad principles, and the central challenge of constitutional interpretation is to define and give life to those principles in an ever-changing society. The Framers understood that they were entrusting future generations with the responsibility of giving concrete meaning to these broad principles over time. The application of these principles has evolved as society has changed, and as experience has informed our understanding. For example, the meaning of search in the Fourth Amendment has come to include invasions of privacy that do not involve physical trespass, and the provision granting Congress the power to maintain the nation's land and naval Forces has been interpreted to authorize an air force. The Framers also considered how to shield the judiciary and Congress from populist influence and ensured that the president was selected by a body of electors chosen by the states rather than by individual voters.
| Characteristics | Values |
|---|---|
| Age range of framers | 26 to 81 |
| Number of individuals appointed to the convention | 70 |
| Number of delegates | 55 |
| Number of signatories | 39 |
| Number of amendments agreed upon | 12 |
| Number of states that reported a pro-Constitution majority | 6 |
| Number of states needed for ratification | 9 |
| Age of the youngest framer | 26 |
| Age of the oldest framer | 81 |
| Average age of framers | 42 |
| Compromise on congressional representation | One representative for every 30,000 people in the House of Representatives and two in the Senate |
| Number of years the Constitution has survived | Over 200 |
| Number of years until the 17th Amendment was ratified | 126 |
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What You'll Learn
The Framers' Constitution was designed to endure
The Framers of the Constitution were aware that their task was not just to address the immediate concerns of the nation but to create a framework that would endure and adapt to future challenges. They recognised that their interpretations of these principles would evolve as society changed and as experience informed their understanding. For example, the meaning of "search" in the Fourth Amendment has expanded to include invasions of privacy beyond physical trespass due to technological advancements in surveillance. Similarly, the provision granting Congress the power to maintain the nation's "land and naval Forces" has been interpreted to include the authorisation of an air force.
The Framers also considered the role of the federal government and the states. They wanted to protect states' rights while also creating a powerful central government. 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. They also addressed the issue of slavery, agreeing to count enslaved Africans as three-fifths of a person and allowing the slave trade to continue until 1808.
Additionally, the Framers sought to limit the influence of populism on the government. They established a system where the president was selected by a body of electors chosen by the states rather than by individual voters. They also gave the chief executive veto power over legislation. The Framers designed the Senate to insulate it from populist pressures by having senators selected by state legislators and serving six-year terms. The House of Representatives was kept relatively small to limit its populist inclinations.
The Framers' Constitution has stood the test of time, with its broad principles providing a foundation for interpretation and adaptation to changing circumstances. It has endured as one of the longest-lived and most emulated constitutions in the world.
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The Framers' interpretation of 'freedom of speech'
The Framers of the American Constitution were visionaries who sought to address the challenges facing the nation during their time and to establish foundational principles that would sustain and guide the new nation into the future. They understood that their work would serve as a broad framework that future generations would adapt to their specific needs and circumstances.
The Framers' interpretation of freedom of speech was influenced by the concept of Natural Law, which holds that speech is an inherent right stemming from the very existence of man. This belief in the inherent nature of free speech led the Framers to include it in the Bill of Rights. However, the specific meaning and understanding of "freedom of speech" were not precisely defined or agreed upon by the Framers.
The interpretation of freedom of speech has evolved over time, with courts playing a significant role in defining and protecting this right. The activism of the Warren Court, led by Chief Justice Earl Warren, resulted in substantial growth and expansion of the constitutional definition of protected speech. This court put into case law the rules that individuals were entitled to in response to governmental control or regulation, further entrenching the right to free speech.
As society has changed and technological innovation has advanced, the interpretation of freedom of speech has had to adapt. Burkean Minimalism, for example, acknowledges the government's need to regulate society and the impact of technology on traditional governmental controls. While the principles enshrined in the Constitution remain constant, their application must evolve to reflect societal changes and our growing understanding of complex issues. This evolution in interpretation ensures that the Framers' broad principles continue to endure and guide the nation.
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The Framers' views on the role of Congress
The Framers of the American Constitution were visionaries who designed the 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 Framers understood that they were entrusting future generations with the responsibility to interpret and apply the Constitution's broad principles in a changing society.
The Framers of the Constitution lived through the American Revolution and the tyranny of King George III. They wanted to avoid paving the way for another despot, so they granted Congress three crucial checks on executive authority: the power of the purse, the powers of war, and the power of impeachment. These powers allowed Congress to control the money of other branches, manage foreign entanglements in times of war, and provide the ability for the people to remove the president.
The Framers also intended for courts to play a central role in safeguarding individual rights. They recognised that political majorities might threaten these rights, and they believed that independent tribunals of justice would resist any encroachment on constitutional protections. This view is reflected in Alexander Hamilton's statement in Federalist 78, emphasising the crucial role of courts in preserving constitutional protections and limitations.
The Framers of the Constitution designed it to encourage dialogue and provide a framework for conversation. They intended for Congress to be a slow-moving body, requiring lengthy discussion and detailed study before passing legislation. They hoped that compromise would be the norm and that minority views would be considered, providing necessary oversight and protecting the people. The Constitution grants Congress specific, enumerated powers, like coining money, and implied powers, like the power to make laws, which are more open to interpretation.
The Framers of the Constitution were wary of centralised power and loyal to their states. They crafted compromises to balance wildly different interests and views, creating one of the longest-lived and most emulated constitutions in the world. They set the terms for ratifying the Constitution, bypassing state legislatures and calling for special ratifying conventions in each state. This ensured that power would be delegated to a national government rather than individual state governments.
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The Framers' approach to slavery
The Framers of the US Constitution had varying beliefs about slavery, but ultimately chose to sidestep the issue, leaving it as a compromise to ensure the support of southern delegates. Many of the framers had moral qualms about slavery, with some becoming members of anti-slavery societies. For example, Benjamin Franklin was a former slaveholder, and Alexander Hamilton was born in a slave colony in the British West Indies. Despite their personal beliefs, the framers believed that concessions on slavery were necessary to maintain 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.
On August 21, 1787, a debate broke out over a South Carolina proposal to prohibit the federal government from regulating the Atlantic slave trade. Luther Martin of Maryland, a slaveholder, argued that the slave trade should be subject to federal regulation since the nation would be responsible for suppressing slave revolts. He also believed that the slave trade was contrary to America's republican ideals and the principles of the Revolution. John Rutledge of South Carolina disagreed, stating that religion and humanity had nothing to do with the question, and that unless regulation of the slave trade was left to the states, the southernmost states would not join the Union.
The Framers made a prudential compromise with slavery because they sought to achieve their highest goal of a stronger Union of republican self-government. They consciously avoided using the word "slave" in the Constitution, recognizing that it would sully the document. Instead, they referred to slaves as "persons." The Constitution included specific clauses related to slavery, such as the Three-Fifths Clause, which 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. There was also a ban on Congress ending the slave trade for twenty years, the fugitive slave clause, and the slave insurrection clause.
The Constitution's protection of slavery has been criticised as its biggest flaw. It has been described as a "covenant with death and an agreement with Hell" by abolitionist William Lloyd Garrison, who burned the document in 1854. Thurgood Marshall, the first African American to sit on the Supreme Court, also criticised the Constitution, saying that it was "defective from the start" as it left out a majority of Americans when it wrote "We the People". However, it is important to note that the Constitution also created a central government powerful enough to eventually abolish slavery through the 13th Amendment, which was ratified on December 6, 1865, and forbade chattel slavery across the United States.
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The Framers' vision for the President
The Framers of the Constitution were visionaries who designed the Constitution to endure and protect individual liberties and freedoms. They wanted to establish foundational principles that would sustain and guide the new nation into an uncertain future. They were also concerned with creating a government that could defend itself and the states from foreign invasion and domestic insurrection.
The Framers also outlined the President's term of office, compensation, and eligibility for reelection. The President is to hold office for a term of four years and is eligible for reelection one additional time, meaning they can serve a maximum of two terms. The President's compensation is set and cannot be changed during their term.
Additionally, the Framers envisioned that the President would take an oath of office, swearing to preserve, protect, and defend the Constitution of the United States. They also intended for the President to provide Congress with information on the State of the Union and recommend measures for their consideration.
Overall, the Framers' vision for the President was to create an executive branch that would execute the laws, represent the nation, and work with Congress to govern effectively. They sought to balance power and ensure stability by limiting the President's term and outlining specific responsibilities and powers.
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Frequently asked questions
The Constitutional Convention was assembled in Philadelphia in May 1787 to revise the Articles of Confederation, which was America's first constitution. However, the delegates decided to completely redesign the government, and they drafted a new constitution to replace the Articles.
The framers of the Constitution addressed the specific challenges facing the nation at the time, while also establishing foundational principles to guide the new nation in the future. They created a powerful central government, compromised on congressional representation, and addressed the issue of slavery by agreeing to count enslaved Africans as three-fifths of a person and allowing the slave trade to continue until 1808. They also ensured that the president was selected by a body of electors rather than by individual voters.
The framers of the Constitution understood that their work would need to be adapted over time to address the various crises of human affairs. For example, as technological means of surveillance became more sophisticated, the meaning of "search" in the Fourth Amendment was expanded to include invasions of privacy beyond physical trespass.
