Malcolm Rivera
The writers of the United States Constitution aimed to address the weaknesses of the nation's first constitution, the Articles of Confederation, which had created a weak central government that lacked enforcement powers, the ability to regulate commerce, and the power to tax. The writers of the new constitution, including James Madison, Alexander Hamilton, and George Washington, sought to forge a powerful central government, but faced opposition from Anti-Federalists who viewed this as a reminder of the monarchy they had recently overthrown. The Federalists, led by James Wilson, argued that a strong central government was necessary to address the nation's challenges. The resulting Constitution, signed by 38 delegates on September 17, 1787, was a compromise that created a balance between centralized power and states' rights, becoming one of the longest-lived and most emulated constitutions in the world.
| Characteristics | Values |
|---|---|
| Replaced the Articles of Confederation with a strong central government | 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. |
| Created a model of government with checks and balances | The new government divided federal authority between the Legislative, Judicial, and Executive branches. |
| Established a powerful central government with a national authority | The founders bypassed state legislatures and called for special ratifying conventions in each state. |
| Provided a solution to political and economic dilemmas | Madison studied history and political theory to address the issues plaguing America, such as the inability to regulate commerce and conduct foreign policy effectively. |
| Addressed sectional tensions | The Executive branch acquired power over issues that caused sectional tension under the Articles of Confederation, such as navigation of the Mississippi River. |
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What You'll Learn
The Articles of Confederation lacked enforcement powers
The Articles of Confederation, America's first constitution, gave the Confederation Congress the power to make rules and request funds from the states. However, it lacked enforcement powers, which created several challenges.
One significant challenge was the inability to regulate commerce and trade effectively. The Articles of Confederation did not provide Congress with the authority to regulate commerce, which made it difficult to protect and standardize trade between foreign nations and the various states. This led to issues such as the flooding of US markets with British goods, which negatively impacted American importers and manufacturers. Additionally, the Confederation Congress lacked the power to enforce attendance, which resulted in delays in ratifying important treaties, such as the 1783 Treaty of Paris, which ended the American War of Independence.
The lack of enforcement powers also meant that the central government had insufficient authority to settle disputes and quarrels between states. States' disputes over territory, war pensions, taxation, and trade threatened to tear the young country apart. The central government's weakness encouraged many delegates to focus more on their home states' politics and personal affairs rather than the nation's legislative body.
The Articles of Confederation also faced challenges in conducting foreign policy. The federal government struggled to pass and enforce laws that individual states found counter to their interests. For example, the 1783 Treaty of Paris stipulated that debts owed by Americans to British subjects be honoured, but many states blocked its enforcement. This lack of enforcement power led to difficulties in regulating commerce, conducting foreign policy, and maintaining a strong central government.
To address these issues, Alexander Hamilton helped convince Congress to organize a Grand Convention of state delegates to work on revising the Articles of Confederation. The Constitutional Convention assembled in Philadelphia in May 1787, resulting in the creation of a new Constitution that established a more powerful central government. The ratification of this Constitution in 1789 marked a significant shift towards a stronger and more unified nation.
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The Federalists vs. the Anti-Federalists
The Federalists and the Anti-Federalists were two opposing groups that emerged during the debate over the ratification of the US Constitution in 1787. The Federalists, including Alexander Hamilton, James Madison, and others, supported the new Constitution, arguing that a stronger national government was necessary to address the issues facing the young nation, such as disorganisation, debt, and a lack of cooperation among the states. They believed that the US government needed the authority to enforce laws and ensure unity across the states.
On the other hand, the Anti-Federalists, including Patrick Henry, Samuel Adams, Richard Henry Lee, and others, opposed the ratification of the Constitution. They argued that the Constitution gave too much power to the federal government at the expense of the states, threatening individual liberties and consolidating power in the hands of Congress. They believed that Americans' freedoms were better protected by state governments, as they understood the needs of their citizens better. The Anti-Federalists also objected to the absence of a bill of rights in the original text of the Constitution, seeking guaranteed protection for freedoms such as freedom of speech and the right to a trial by jury.
The Anti-Federalists played a significant role in the adoption of the Bill of Rights. To gain their support, the Federalists promised to add a bill of rights if the Anti-Federalists voted for the Constitution. This resulted in the addition of the First Amendment and nine other amendments constituting the Bill of Rights in 1791. The Anti-Federalists' speeches, essays, and pamphlets, known as the Anti-Federalist Papers, contributed to the recognition of the importance of freedom of speech and press in achieving national consensus.
While the Federalists ultimately prevailed, and the Constitution was ratified in 1788 and went into effect in 1789, the debates between the two groups shaped the early political landscape of the United States. The Federalists' support for a strong central government and their aggressive policies led to the formation of the Federalist Party, while the Anti-Federalists' beliefs influenced the development of the Jeffersonian Party, or the Democratic-Republican Party, the precursor to the modern Democratic Party.
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The inclusion of a bill of rights
The writers of the US Constitution sought to address the shortcomings of the Articles of Confederation, which was America's first constitution. The Articles of Confederation had established a "league of friendship" and a constitution for 13 sovereign and independent states following the Revolution. However, it had limited the central government's power, preventing it from regulating commerce, printing money, or enforcing laws that individual states found counter to their interests. This led to disputes among the states over territory, war pensions, taxation, and trade, threatening to tear the young nation apart.
The Constitutional Convention of 1787 in Philadelphia aimed to revise the Articles of Confederation and forge a new government. The delegates, representing diverse interests and views, crafted compromises and created a powerful central government. They divided federal authority among the Legislative, Judicial, and Executive branches, establishing a system of checks and balances.
The "vote now, amend later" compromise played a crucial role in the ratification process. By agreeing to amend the Constitution later to include a bill of rights, the Federalists gained support from some Anti-Federalists and undecided states, ensuring the Constitution's ratification. This compromise reflected the delegates' willingness to find common ground and address conflicting views.
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The method of electing the executive
The writers of the US Constitution had to consider how to elect an executive leader, as the previous system, the Articles of Confederation, had no executive branch, president, or method of choosing a chief executive officer. The Federalists argued that America needed a separate President with executive powers to enforce federal laws and conduct foreign policy effectively.
The Constitutional Convention agreed to have a single executive, as opposed to a plural executive, which was favoured by some delegates who feared a monarchy could be reinstated. However, there were greater disagreements on the manner of electing the executive. Some wanted the President to be elected by Congress for a long term, but ineligible for reelection. Others wanted direct election by the people for a shorter term with no term limits. A compromise was eventually reached: the President would be elected for a four-year term by electors chosen by the state legislatures. The President could also be reelected.
The Electoral College was created to provide the presidency with its own base of support, as it was thought that having Congress select the President would make the executive subservient to the legislature. The Framers of the Constitution believed it was possible to have national politics without political parties, which played a role in the creation of the Electoral College system. The Framers were also fairly aristocratic, with mixed feelings about democracy, which they sometimes regarded as mob rule.
The Twelfth Amendment, ratified in 1804, revised the procedure for electing the President and Vice President, stipulating that they would be elected together. If no candidate received a majority vote, or in the case of a tie, the House of Representatives would choose the President, and the Senate would choose the Vice President.
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The international slave trade
The writers of the US Constitution included a series of compromises involving slavery, including the three-fifths clause, the fugitive slave clause, and the international slave trade clause. The latter clause, also known as the Importation Clause, stated that Congress could not ban the slave trade for 20 years, or until 1808. This was a concession to delegates from Georgia and South Carolina, who threatened to refuse to endorse the Constitution if they did not have access to the slave trade.
In exchange for this 20-year ban on any restrictions on the Atlantic slave trade, southern delegates agreed to remove a clause restricting the national government’s power to enact laws requiring goods to be shipped on American vessels. On the same day, the convention adopted the fugitive slave clause, requiring the return of runaway slaves to their owners.
The writers of the Constitution believed that these concessions on slavery were the price for the support of southern delegates for a strong central government. Many of the framers harbored moral qualms about slavery, and some became members of anti-slavery societies. They believed that slavery was morally wrong and would die out, and they did not want that permanent moral stain on the document. Indeed, the word "slave" does not appear in the Constitution, and the framers consciously avoided the word.
During the 20-year period between the adoption of the Constitution and 1808, popular support for the abolition of the slave trade and slavery itself increased in the United States and in other countries. In 1800, Congress passed an act that made it illegal for Americans to engage in the slave trade between nations, and gave authorities the right to seize slave ships. The Act Prohibiting the Importation of Slaves took effect in 1808, imposing heavy penalties on international traders. However, it did not end slavery or the domestic sale of slaves, and it drove the trade underground.
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Frequently asked questions
The Articles of Confederation, America's first constitution, gave the Confederation Congress the power to make rules and request funds from the states. However, it lacked enforcement powers, the ability to regulate commerce, and the power to print money.
The Articles of Confederation had several issues, including a lack of enforcement powers, the inability of the central government to settle Revolutionary War-era debts, and the existence of separate money systems in different states, which made trade challenging.
Madison and Hamilton proposed a convention of all 13 states to revise the Articles of Confederation. They believed that a strong central government and a unified economy would make America an economic powerhouse.
The Constitutional Convention resulted in the creation of a new government and the drafting of a new Constitution, signed by 38 delegates on September 17, 1787. The new Constitution established a powerful central government and included compromises on various issues, such as the method of electing the executive, resulting in the electoral college.
The ratification process faced conflicts between Federalists and Anti-Federalists. The Federalists supported the Constitution and a strong central government, while the Anti-Federalists opposed it due to concerns about centralized power and the lack of a bill of rights.
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