Jonah Patel
The US Constitution, one of the longest-lived and most emulated constitutions globally, came into being in 1787, after the Revolutionary War. The country's first constitution, the Articles of Confederation, had no enforcement powers, and the young nation faced collapse due to disputes over territory, taxation, and trade. James Madison, Alexander Hamilton, and George Washington proposed a convention to revise the Articles of Confederation, and in May 1787, the Constitutional Convention assembled in Philadelphia. After three months of debate, a Committee of Style and Arrangement condensed 23 articles into seven, and on September 17, 1787, 38 delegates signed the Constitution, creating a powerful central government. Amendments to the Constitution, such as the removal of constraints on Congress's power to tax income, are proposed and ratified by a three-fourths majority of states, becoming operative without further action.
| Characteristics | Values |
|---|---|
| Influenced by | Magna Carta and other federations, both ancient and extant |
| Basis | Common law |
| Inspired by | Eighteenth-century Enlightenment philosophers, such as Montesquieu and John Locke |
| Origin | Proposal offered by Madison and John Tyler in the Virginia assembly |
| Purpose | To give the Continental Congress the power to regulate commerce throughout the Confederation |
| Revision | A Committee of Detail was appointed to put the decisions in writing |
| Final form | A Committee of Style and Arrangement condensed 23 articles into seven |
| Signing | On September 17, 1787, 38 delegates signed the Constitution, with George Reed signing for John Dickinson of Delaware, bringing the total to 39 signatures |
| Ratification | A proposed amendment becomes an operative part of the Constitution as soon as it is ratified by three-fourths of the states (38 of 50) |
| Amendments | Six amendments approved by Congress and proposed to the states have not been ratified by the required number of states |
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What You'll Learn
- The US Constitution was influenced by the Magna Carta and other ancient and modern federations
- The Constitutional Convention assembled in Philadelphia in May 1787
- The US Constitution was revised from the Articles of Confederation, which lacked enforcement powers
- The document was signed by 38 delegates on September 17, 1787
- Amendments to the Constitution are proposed and ratified by Congress and the states
The US Constitution was influenced by the Magna Carta and other ancient and modern federations
The US Constitution was heavily influenced by the Magna Carta, a 13th-century pact that became a symbol of liberty and the natural rights of man against oppressive rule. The Founding Fathers drew inspiration from this medieval agreement as they crafted the nation's foundational texts, including the Constitution. The Magna Carta's principles of individual liberty and resistance to tyranny resonated with 18th-century political thinkers like Benjamin Franklin and Thomas Jefferson. The influence of the Magna Carta is evident in the Bill of Rights, particularly the Eighth Amendment, which can be traced to Clause 20 of the Magna Carta, prohibiting excessive fines.
The US Constitution also drew inspiration from ancient and modern federations, including the Iroquois Confederacy. While the constitutional framers may have viewed the Indigenous people of the Iroquois Confederacy as inferior, they admired their federalist principles. The concept of divided sovereign power, which is central to American federalism, has its antecedents in the colonial era. During the Revolutionary War, the thirteen colonies declared their independence, and the newly formed states recognized the need to unite to function effectively on the national and world stages.
The US Constitution's structure was also influenced by the ideas of Enlightenment philosophers such as Montesquieu, John Locke, Edward Coke, and William Blackstone. These thinkers advocated for the separation of powers and the protection of individual liberties. Historian Herbert W. Schneider emphasized the influence of the Scottish Enlightenment on the American Enlightenment, which shaped the advancement of personal freedoms in the US Constitution.
The Magna Carta and these ancient and modern federations provided a foundation for the US Constitution's commitment to federalism, individual rights, and the separation of powers. The influence of these sources is evident in the Constitution's structure, amendments, and the Bill of Rights, shaping the fundamental principles of American governance.
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The Constitutional Convention assembled in Philadelphia in May 1787
The convention was originally proposed by Madison and John Tyler in the Virginia assembly, who suggested granting the Continental Congress the power to regulate commerce throughout the Confederation. Their efforts led to a meeting in Annapolis, Maryland, in September 1786, where Madison and Hamilton issued a report calling for a convention of all states. The Confederation Congress endorsed this proposal on February 21, 1787, with the understanding that the convention would revise the Articles of Confederation.
The delegates elected George Washington, a proponent of a stronger national government, as the president of the convention. The convention was held in the Assembly Room of the Pennsylvania State House, later known as Independence Hall. The proceedings began with a nomination by Robert Morris of Pennsylvania, and the delegates discussed the structure of Congress and how its members would be selected. The convention ultimately resulted in the rejection of the Articles of Confederation and the creation of the first written constitution in the world, setting a precedent for a new form of continental union.
The process of drafting the Constitution was not without its challenges and disagreements. Figures like George Mason expressed concerns about the absence of a bill of rights guaranteeing individual liberties. However, despite these differences, the Constitutional Convention in Philadelphia during the summer of 1787 laid the foundation for the United States Constitution, shaping the country's government and influencing its future trajectory.
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The US Constitution was revised from the Articles of Confederation, which lacked enforcement powers
The US Constitution was influenced by the Magna Carta and other federations, both ancient and modern. The philosophical underpinnings of the Constitution can be traced back to the eighteenth-century Enlightenment philosophers, such as Montesquieu and John Locke. The US Constitution was also preceded by the Articles of Confederation, which served as the nation's first constitution during the American Revolution.
The Articles of Confederation were debated by the Second Continental Congress in Philadelphia between July 1776 and November 1777, and came into force on March 1, 1781, after being ratified by all 13 colonies. The Articles established a weak confederal government, with a central principle of preserving the independence and sovereignty of the original 13 states.
However, the Articles of Confederation lacked enforcement powers, which became a significant issue. Congress lacked the authority to regulate commerce, making it difficult to protect or standardise trade between foreign nations and the various states. It could not effectively raise funds, regulate trade, or conduct foreign policy without the voluntary agreement of the states. The lack of compulsory direct taxation power was a concern for those who wanted a strong centralised government.
The weaknesses in the Articles of Confederation became apparent over time, and Congress struggled to command respect and support from state governments, which were anxious to maintain their power. Recognising the need for improvement, Congress attempted to strengthen the Articles, but the problems persisted.
As a result, the Articles of Confederation were revised, and the US Constitution was created to address these issues and provide a stronger framework for the country's government and commerce.
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The document was signed by 38 delegates on September 17, 1787
The US Constitution was signed by 38 delegates on September 17, 1787, marking the culmination of a process that began just a few years after the Revolutionary War. At this time, James Madison, Alexander Hamilton, and George Washington feared that their young country was on the brink of collapse. America's first constitution, the Articles of Confederation, had given the Confederation Congress the power to make rules and request funds from the states, but it lacked enforcement powers, could not regulate commerce, and could not print money.
The states' disputes over territory, war pensions, taxation, and trade threatened to tear the country apart. In response, Madison and Hamilton issued a report calling upon Congress to summon delegates from all the states to meet and revise the Articles of Confederation. This report was considered a usurpation of congressional authority, but Congress nonetheless issued a formal call to the states for a convention.
The Constitutional Convention assembled in Philadelphia in May 1787, with General George Washington unanimously elected as its president. The delegates spent three hot summer months in heated debate, eventually appointing a Committee of Detail to put their decisions in writing. A Committee of Style and Arrangement then condensed 23 articles into seven in less than four days, creating the final form of the Constitution.
The 38 delegates who signed the Constitution on September 17, 1787, created a powerful central government while remaining wary of centralized power and loyal to their states. They crafted compromises that represented their diverse interests and views, producing one of the longest-lived and most emulated constitutions in the world.
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Amendments to the Constitution are proposed and ratified by Congress and the states
The US Constitution was a federal document influenced by the study of the Magna Carta and other federations, both ancient and modern. The Due Process Clause of the Constitution was partly based on common law and the Magna Carta, which became a foundation of English liberty against arbitrary power. The idea of the separation of powers in the Constitution was inspired by Enlightenment philosophers such as Montesquieu and John Locke.
Once an amendment is proposed by Congress, it is sent to the Office of the Federal Register (OFR), which adds legislative history notes and publishes it in slip law format. The OFR also sends an information package to the states. The governors then submit the amendment to their state legislatures or call for a convention, depending on what Congress has specified. When a state ratifies a proposed amendment, it sends the Archivist of the United States an original or certified copy of the state action, which is conveyed to the Director of the Federal Register.
A proposed amendment becomes an operative part of the Constitution as soon as it is ratified by three-fourths of the states (38 out of 50). Once the OFR verifies that it has received the required number of authenticated ratification documents, it drafts a formal proclamation for the Archivist to certify that the amendment is valid and has become part of the Constitution. This certification is published in the Federal Register and U.S. Statutes at Large, serving as official notice to Congress and the nation that the amendment process is complete.
Six amendments approved by Congress and proposed to the states have not been ratified by the required number of states. Four of these are still pending, as Congress did not set a time limit for their ratification. The other two are no longer pending as the time period for their ratification has expired.
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Frequently asked questions
The US Constitution was a federal document influenced by the Magna Carta, common law, and other federations, both ancient and modern. The political philosophers most frequently referred to during its drafting were Blackstone, Hume, Locke, and Montesquieu.
James Madison, Alexander Hamilton, and George Washington were key figures in the creation of the US Constitution. They were concerned that the Articles of Confederation, America's first constitution, were inadequate, as they gave the Confederation Congress no enforcement powers and could not regulate commerce or print money. Madison, Hamilton, and Washington convinced Congress to organise a Grand Convention of state delegates to revise the Articles of Confederation, which took place in Philadelphia in May 1787.
The Constitutional Convention featured three months of heated debate, after which a Committee of Detail was appointed to put the decisions in writing. A Committee of Style and Arrangement then condensed 23 articles into seven in less than four days. On September 17, 1787, 38 delegates signed the Constitution, with George Reed signing for the absent John Dickinson of Delaware, bringing the total number of signatures to 39.
A proposed amendment becomes an operative part of the US Constitution as soon as it is ratified by three-fourths of the States (38 out of 50). Once the Office of the Federal Register receives the required number of authenticated ratification documents, it drafts a formal proclamation for the Archivist to certify that the amendment is valid and has become part of the nation's government.
