Constitutional Reflection Of America's Founding Era

The US Constitution was written in 1787, just a few years after the Revolutionary War, as a charter of government that would allow citizens to select their own democratic government. It was written during a time when the young country was on the brink of collapse, with disputes over territory, war pensions, taxation, and trade threatening to tear the states apart. The Constitution aimed to address these issues by establishing a more perfect union, ensuring domestic tranquility, providing for the common defence, and promoting the general welfare of the United States of America.

Explore related products

We the People: A History of the U.S. Constitution

$31.99 $39.99

The Constitution of the United States of America: The Declaration of Independence, The Bill of Rights

$9.99 $9.99

The Constitution of the United States and The Declaration of Independence

$1.99 $6.95

The Constitutional Convention: A Narrative History from the Notes of James Madison (Modern Library Classics)

$13.65 $22

The Words That Made Us: America's Constitutional Conversation, 1760-1840

$22.76 $40

The Anti-Federalist Papers and the Constitutional Convention Debates (Signet Classics)

$8.32 $8.95

The Philadelphia Convention

The United States Constitution, the oldest written national constitution in use today, reflects the ideals and concerns of the late 18th century, the time of its drafting and ratification. The document was crafted during a period of great change and uncertainty, as the former colonies had just gained independence from Britain and were establishing a new system of government. The Constitution was a product of the Enlightenment, influenced by the political theories of the time, and it reflected the desire for a strong central government, checks and balances, and a protection of individual liberties.

One of the key events in the creation of the Constitution was the Philadelphia Convention, also known as the Constitutional Convention, which took place in 1787. The convention was called to address the weaknesses of the Articles of Confederation, the existing framework of government that had been adopted during the Revolutionary War. The Articles had established a loose confederation of states with a weak central government, and it quickly became apparent that this structure was inadequate for managing the growing nation's affairs.

The delegates to the Philadelphia Convention represented a wide range of interests and perspectives, and the debates were often intense. One of the most contentious issues was the question of representation and the balance of power between the states. The Virginia Plan, proposed by James Madison, called for representation in Congress to be based on population, which favored the larger states. This plan was opposed by the smaller states, who feared losing power, and led to the proposal of the New Jersey Plan, which called for equal representation for all states. Eventually, the Great Compromise was reached, which established a bicameral legislature with a House of Representatives based on population and a Senate with equal representation for each state.

Another important issue addressed at the Philadelphia Convention was the question of slavery. Slavery was a divisive issue, and the delegates struggled to find a solution that would satisfy both the northern and southern states. Ultimately, they reached a series of compromises, including the Three-Fifths Compromise, which counted slaves as three-fifths of a person for the purposes of representation and taxation, and the Fugitive Slave Clause, which required the return of escaped slaves to their owners. These compromises were made to maintain unity among the states, but they also reflected the moral ambiguity and contradictions inherent in the founding of a nation that espoused liberty and equality while condoning slavery.

The Constitution that emerged from the Philadelphia Convention established a federal system of government with a strong executive, a bicameral legislature, and an independent judiciary. It reflected the Enlightenment ideals of the time, with its emphasis on limited government, separation of powers, and protection of individual rights. The Constitution has proven to be a durable and adaptable document, serving as the foundation of the American political system for over two centuries and undergoing amendments and interpretations to meet the changing needs and circumstances of the nation.

The Articles of Confederation

The Articles envisioned a permanent confederation but granted Congress—the only federal institution—little power to finance itself or to ensure that its resolutions were enforced. There was no president, no executive agencies, no judiciary, and no tax base. The absence of a tax base meant that there was no way to pay off state and national debts from the war years except by requesting money from the states, which seldom arrived. The Articles enabled the states to present a unified front when dealing with European powers, but as a tool to build a centralized war-making government, they were largely a failure.

In May 1786, Charles Pinckney of South Carolina proposed that Congress revise the Articles of Confederation. Recommended changes included granting Congress power over foreign and domestic commerce and providing means for Congress to collect money from state treasuries. Unanimous approval was necessary to make the alterations, however, and Congress failed to reach a consensus.

Federalists vs. Anti-Federalists

The US Constitution was written during a time of great uncertainty for the young nation. In the years following the Revolutionary War, prominent figures such as James Madison, Alexander Hamilton, and George Washington feared that the country was on the brink of collapse due to the weaknesses of the Articles of Confederation, America's first constitution. The Articles gave the Confederation Congress rule-making and funding powers but lacked enforcement powers, the ability to regulate commerce, or print money. This led to disputes among the states over territory, war pensions, taxation, and trade, threatening the unity of the nation.

The Constitution was drafted at the Philadelphia Convention, also known as the Constitutional Convention, from May 25 to September 17, 1787, and was signed on the latter date. It was a response to the shortcomings of the Articles of Confederation and reflected the desire to create a more robust and effective central government. This desire for a strong central government was reflected in the beliefs of the Federalists, who played a crucial role in shaping the new US Constitution.

The Federalists held nationalist beliefs and advocated for a powerful central government to address the nation's challenges. They believed that a strong national government was necessary to overcome the disputes and inefficiencies that had plagued the country under the Articles of Confederation. However, their efforts were opposed by the Anti-Federalists, who had a very different vision for the country.

The Anti-Federalists vehemently opposed the ratification of the US Constitution. They argued that the Constitution strengthened the national government at the expense of the states and the people, echoing the concerns that led to the Revolutionary War. The Anti-Federalists believed that the Constitution created a central government that was too powerful and reminiscent of the one they had just overthrown. Additionally, they criticized the lack of a bill of rights in the Constitution, fearing that it would violate the liberties they held dear.

The ratification process of the Constitution highlighted the stark differences between the Federalists and Anti-Federalists. While the Federalists worked to rally support for the Constitution, the Anti-Federalists fought against it at every state convention. The Anti-Federalists lacked efficient organization across all thirteen states, which hindered their efforts. Ultimately, the Federalists prevailed, and the Constitution was ratified by 9 of the 13 states, establishing the new government. However, the Anti-Federalists' influence was felt in their success in forcing the first Congress under the new Constitution to establish a bill of rights to protect the liberties they cherished.

Explore related products

The U.S. Constitution and Other Writings (Leather-bound Classics)

$13.21 $24.99

Constitution of the United States and The Declaration of Independence: Senator Rand Paul, Delegates of The Constitutional Convention

$2.99 $2.99

The People's Guide to the United States Constitution

$13.39 $15.95

Born Equal: Remaking America’s Constitution, 1840–1920

$36.96 $40

American Constitutional History: A Brief Introduction

$36.95 $36.95

America's Constitution: A Biography

$4.99 $22

Ratification

The ratification of the United States Constitution was a long and arduous process. The drafting of the Constitution began on May 25, 1787, when the Constitutional Convention first met in Philadelphia, Pennsylvania. The purpose of the convention was initially to amend the Articles of Confederation, which had been governing the newly formed nation. However, the convention ultimately led to the proposal and creation of a new form of government.

The convention concluded on September 17, 1787, with the signing of the new U.S. Constitution by 38 out of 41 delegates. Under Article VII, it was agreed that the document would only come into force once it had been ratified by nine of the 13 existing states. The ratification process began immediately, with Delaware becoming the first state to ratify the Constitution on December 7, 1787. This was followed by Pennsylvania, New Jersey, Georgia, and Connecticut.

The ratification process was not without opposition. During the convention, there were debates about whether to send the Constitution to the states with amendments, as some delegates, soon to be known as Anti-Federalists, wanted to include a bill of rights. They also argued that the ratification process suggested by the Philadelphia Convention violated the amendment procedure provided by the Articles of Confederation. Despite these objections, the Constitution gained widespread support, with Alexander Hamilton, James Madison, and John Jay producing 85 essays, known as "The Federalist Papers," that explained and defended the proposed new government.

On June 21, 1788, New Hampshire became the ninth state to ratify the Constitution, and it thus became the official framework of the U.S. government. The final state, Rhode Island, ratified the Constitution on May 29, 1790. After ratification, Congress set dates for the first federal elections, which took place from December 15, 1788, to January 10, 1789, and the new government began on March 4, 1789. George Washington was elected as the first president, with John Adams as vice president.

The Constitution has been amended several times since its ratification, including the addition of the Bill of Rights, which was ratified on December 15, 1791. These amendments have improved the Constitution over time, addressing issues such as slavery, due process, equal protection of the laws, and voting rights. The Constitution has proven to be both stable and flexible, surviving and remaining effective in a world vastly different from when it was written.

The Preamble

While the Preamble is not a substantive provision and does not assign powers to the government or define individual rights, it plays a crucial role in interpreting the Constitution. Courts have referred to it as evidence of the Founding Fathers' intentions and what they hoped to achieve with the Constitution. The Preamble's declared purposes can assist in understanding and applying the specific powers listed in the articles, ensuring that the Constitution is interpreted faithfully to its original meaning.

Frequently asked questions