The Us Constitution: A Historical Origin Story

The US Constitution was written and signed in 1787 in Philadelphia, in the Assembly Room of the Pennsylvania State House, now known as Independence Hall. The Constitutional Convention was convened to address the shortcomings of the Articles of Confederation, which had established a loose confederation of states with limited powers and no enforcement mechanisms. The delegates, representing 12 of the 13 states, quickly realised that they needed to form an entirely new form of government, with a powerful central government and a system of checks and balances to protect fundamental rights. The Constitution was then ratified by the states, with New Hampshire becoming the ninth and final state needed to enact the new government in 1788.

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The Articles of Confederation

In May 1787, delegates from 12 of the 13 states (Rhode Island sent no representatives) convened in Philadelphia to discuss changes to the Articles of Confederation. However, by mid-June, the delegates had decided to completely redesign the government. They agreed to compromise on congressional representation, 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 and to postpone a decision on the slave trade until 1808.

The delegates to the Constitutional Convention quickly began work on drafting a new Constitution for the United States, with the chief aim of creating a government with enough power to act on a national level while protecting fundamental rights. They separated the powers of government into three branches and included checks and balances to ensure that no one branch became too powerful. The new Constitution was presented to the convention on September 12, 1787, and signed by 38 delegates on September 17, 1787.

The Constitution needed to be ratified by the people, and on June 21, 1788, New Hampshire became the ninth state to ratify it. The Confederation Congress established March 4, 1789, as the date to begin operating a new government under the Constitution.

The Constitutional Convention

The US Constitution was written and signed in 1787, in Philadelphia, in the Assembly Room of the Pennsylvania State House, now known as Independence Hall. The Constitutional Convention assembled in May of that year, with delegates from 12 of the 13 states (Rhode Island sent no representatives). The delegates swore secrecy so they could speak freely about revising the existing government.

Although they had gathered to revise the Articles of Confederation, by mid-June, the delegates had decided to completely redesign the government. There was little agreement about what form it would take. One of the fiercest arguments was over congressional representation—should it be based on population or divided equally among the states? The framers compromised by giving each state one representative for every 30,000 people in the House of Representatives and two representatives in the Senate.

The delegates also grappled with the contentious issue of slavery. Delegates opposed to slavery demanded it be outlawed within the new nation, but they were forced to yield. They did, however, argue successfully that the Constitution should prohibit the states from participating in the international slave trade, including the importation of new slaves from Africa and the export of slaves to other countries. The Convention postponed making a final decision on the international slave trade until late in the deliberations.

The delegates also had to agree on a method of electing the executive. The Constitution was presented to the convention on September 12, and the delegates began to consider each section. The final vote on the Constitution took place on September 15.

The ratification process

The US Constitution was signed on September 17, 1787, by 38 delegates, with George Reed signing on behalf of John Dickinson of Delaware, bringing the total number of signatures to 39. However, it did not go into effect immediately. The Constitution had to be ratified by the states, as outlined in Article VII, which states: "The Ratification of the Conventions of nine States, shall be sufficient for the Establishment of this Constitution between the States so ratifying the Same."

The founders set the terms for ratifying the Constitution, bypassing the state legislatures and instead calling for special ratifying conventions in each state. This was because they believed that members of the state legislatures would be reluctant to give up power to a national government. Ratification by nine of the 13 states was required to enact the new government. On June 21, 1788, New Hampshire became the ninth state to ratify, and the Confederation Congress established March 4, 1789, as the date to begin operating under the new government.

The road to ratification was not easy, with fierce debates taking place during the Constitutional Convention in Philadelphia in 1787. The delegates had gathered to revise the Articles of Confederation, which had established a "firm league of friendship" between the states but had vested most of the power in the Confederation Congress, which lacked enforcement powers, could not regulate commerce, and could not raise funds. However, it soon became clear that they would need to form an entirely new form of government. One of the most contentious issues was congressional representation—whether it should be based on population or divided equally among the states. A compromise was reached, giving each state one representative for every 30,000 people in the House of Representatives and two representatives in the Senate.

Another major issue was slavery, with delegates opposed to slavery demanding that it be outlawed within the new nation. A temporary resolution was found, with the delegates agreeing that the slave trade could continue until 1808. The delegates also agreed to count enslaved Africans as three-fifths of a person. The ratification campaign faced strong opposition from Anti-Federalists, who fought against the Constitution because it created a powerful central government that reminded them of the one they had recently overthrown, and because it lacked a bill of rights. The tide turned in Massachusetts, where the "vote now, amend later" compromise helped secure victory and eventually led to success in the final holdout states.

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The creation of a powerful central government

The creation of the US Constitution was sparked by a desire to address the shortcomings of the Articles of Confederation, which had established a "firm league of friendship" between the states but vested most power in a Congress of the Confederation. This power was limited as the central government lacked enforcement powers, could not regulate commerce, print money, or raise funds, and required a unanimous vote for any consequential decision, leading to a paralysed and ineffectual government. James Madison, Alexander Hamilton, and George Washington, among others, feared their young country was on the brink of collapse due to these issues.

The Constitutional Convention, also known as the Federal Convention or the Philadelphia Convention, assembled in Philadelphia in May 1787. Initially, the delegates intended to revise the Articles of Confederation, but by mid-June, they had decided to create an entirely new form of government. They aimed to establish a powerful central government capable of acting on a national level without infringing on fundamental rights.

The delegates, representing diverse interests and views, crafted compromises to balance state and national powers. One of the fiercest arguments was over congressional representation, which they resolved 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, postponing the issue of slavery until 1808.

The Convention faced challenges, including the inclusion of a bill of rights and the method of electing the executive. The final draft of the Constitution, presented in September 1787, was a compromise that established a powerful central government, bypassing the state legislatures and requiring ratification by nine of the thirteen states. This compromise allowed for the creation of a strong national government while addressing concerns about centralised power.

The slavery question

The issue of slavery was a contentious topic during the drafting of the US Constitution and threatened to derail the Union. The delegates ultimately agreed to sidestep the issue, avoiding explicit references to "slavery" or "slaves" in the document. Instead, they employed euphemisms such as "persons held to Service or Labour" and included clauses that indirectly addressed the institution of slavery.

One of the most notable compromises was the Three-Fifths Clause, which counted enslaved Africans as three-fifths of a person for the purpose of representation and taxation. This clause gave the Southern states, with their larger slave populations, greater representation in the House of Representatives and has been interpreted as both a pro-slavery and anti-slavery concession. On the one hand, it protected slaveholding interests and gave Southern states more political power. On the other hand, it implied that slaves were less than fully human and laid the foundation for future challenges to slavery.

Another important clause related to slavery was the Fugitive Slave Clause, which allowed slave owners to reclaim their escaped slaves from free states. This clause has been interpreted as a pro-slavery measure that strengthened the institution of slavery. Additionally, the Constitution included a ban on Congress ending the slave trade for 20 years, ensuring the continuation of the slave trade until 1808.

The delegates' decision to avoid directly addressing slavery in the Constitution was influenced by their moral qualms about the institution, their desire for political unity, and the economic and political realities of the time. Many of the framers, including Benjamin Franklin and Alexander Hamilton, personally opposed slavery and some were members of anti-slavery societies. They believed that slavery would eventually die out and did not want the moral stain of slavery on the document. Additionally, they knew that if the Constitution restricted the slave trade, Southern states like South Carolina and Georgia would refuse to join the Union.

The question of slavery continued to be a source of conflict in the United States even after the Constitution was ratified, with some arguing that the document was pro-slavery while others contended that it laid the groundwork for eventual abolition. The Supreme Court's Dred Scott v. Sandford decision in 1857 affirmed the right of property in slaves, but the Civil War and the subsequent amendments to the Constitution ultimately abolished slavery in the United States.

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