Malcolm Rivera
The United States Constitution, which has been in force since 1789, is the supreme law of the United States of America. It superseded the Articles of Confederation, the nation's first constitution, which gave the Confederation Congress the power to make rules and request funds from the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. The U.S. Constitution, on the other hand, outlines the framework of the federal government, with its first three articles embodying the doctrine of the separation of powers into three branches: the legislative, executive, and judicial. The road to the ratification of the U.S. Constitution was long and arduous, with several attempts made to revise the Articles of Confederation before the delegates ultimately decided to create a new form of government.
| Characteristics | Values |
|---|---|
| Date of the signing of the US Constitution | September 17, 1787 |
| Number of signatures | 39 |
| Number of delegates who signed | 38 |
| Number of states required for ratification | 9 out of 13 |
| First state to ratify the Constitution | Delaware |
| Date of the first presidential election | Monday, December 15, 1788 |
| Date the Constitution became the official framework of the government | June 21, 1788 |
| Date the Constitution superseded the Articles of Confederation | March 4, 1789 |
| Date of ratification by all states | May 29, 1790 |
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What You'll Learn
The Articles of Confederation
The Articles were drafted by the Second Continental Congress, which was tasked with determining the form the confederation of the colonies should take. The Congress consisted of one representative from each colony. The final draft, completed on November 15, 1777, guaranteed each state's sovereignty, left the matter of western land claims to individual states, established a unicameral legislature with limited powers, and outlined a Congress with representation not based on population – each state held one vote.
Ratification by all 13 states was necessary to set the Articles into motion. Virginia was the first state to ratify on December 16, 1777, and by February 1779, 12 states had ratified the Articles. Maryland was the lone holdout, refusing to ratify until the other states ceded their claims to land west of the Ohio River. Maryland finally ratified the Articles on February 2, 1781, and Congress was informed of its assent on March 1, officially proclaiming the Articles of Confederation as the law of the land.
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The inadequacies of the Articles of Confederation
The United States Constitution, one of the longest-lived and most emulated constitutions globally, was not created in a single attempt. The process involved multiple revisions and adaptations, with the final version being signed by 38 delegates on September 17, 1787, and an additional signature by George Reed on behalf of John Dickinson of Delaware, bringing the total to 39.
The Constitution was preceded by the Articles of Confederation, which served as America's first constitution and was in effect from 1781 until the ratification of the U.S. Constitution. The Articles of Confederation had several inadequacies that threatened the stability and prosperity of the young nation:
Lack of a Strong Central Government
The Articles of Confederation granted certain powers to the Confederation Congress, such as making rules and requesting funds from the states. However, the central government lacked enforcement powers, making it difficult to compel states to comply with decisions and treaties. This weakness hampered the nation's ability to conduct foreign affairs effectively and left it vulnerable to external threats and diplomatic marginalization.
Inability to Regulate Commerce and Trade
The Articles did not provide Congress with the authority to regulate commerce effectively. This inability to standardize trade between foreign nations and the states disrupted American commerce and weakened the economy. The British, for example, restricted U.S. trade with the British West Indies and flooded American markets with their goods, creating economic imbalances.
Challenges in Raising Revenue
The Confederation government struggled to raise revenue to meet financial obligations, such as repaying wartime loans to France. The states often failed to comply with Congress's suggestions for raising revenue, and the lack of a centralized monetary system meant that Congress could not print money.
Ineffective Foreign Policy
The Articles granted Congress the authority to negotiate treaties, declare war, and manage foreign relations. However, the lack of a strong central government and enforcement powers made conducting foreign policy challenging. The nation faced difficulties in maintaining sovereignty, navigating alliances and conflicts with European powers, and resolving disputes, such as the prolonged tension with Britain over the violation of treaty terms.
Inability to Address Regional and National Interests
The Articles of Confederation fell short in addressing the diverse interests of the states. For example, negotiations with Spain over access to the Mississippi River were unpopular among western settlers, highlighting the challenges of balancing regional and national concerns.
Weak Congressional Representation and Attendance
Congress commanded little respect and support from state governments, and many delegates prioritized state politics and personal affairs over their congressional responsibilities. The lack of consistent attendance in Congress further hindered its ability to act effectively, as seen in the delays in ratifying the Treaty of Paris.
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The Constitutional Convention
The United States Constitution was signed on September 17, 1787, by 38 of the 41 delegates present, including George Reed, who signed on behalf of John Dickinson of Delaware. The signing occurred at the conclusion of the Constitutional Convention, which had assembled in Philadelphia in May 1787. The Constitutional Convention was convened to address the shortcomings of the Articles of Confederation, which was the nation's first constitution.
The Articles of Confederation, in force since 1781, established a "league of friendship" among the 13 independent states after the American Revolution. However, it gave the central government very limited powers. It could not regulate commerce, tax, or effectively support a war effort, and it had little power to settle disputes between states. This led to economic instability and disputes over territory, war pensions, taxation, and trade, threatening to tear the young nation apart.
James Madison, Alexander Hamilton, and George Washington recognized the need for a stronger central government. Madison and Hamilton issued a report calling upon Congress to summon delegates from all the states to meet and discuss these issues. As a result, representatives from all 13 states were invited to the Constitutional Convention in Philadelphia, which began on May 25, 1787. The delegates met in secrecy, shuttering the windows of the State House to speak freely.
While the initial purpose of the Convention was to amend the Articles of Confederation, the delegates ultimately decided to create an entirely new form of government. The resulting Constitution established a powerful central government with a separation of powers into three branches: the legislative, executive, and judicial. However, the process of ratification faced opposition from Anti-Federalists, who argued that it created a centralized government reminiscent of the one they had just overthrown and lacked a bill of rights.
The Federalists, who supported the Constitution, needed to secure ratification by nine of the 13 states. The tide turned in their favour in Massachusetts, where a compromise was reached to propose amendments to protect rights, leading to the Bill of Rights. The Constitution became the official framework of the U.S. government on June 21, 1788, when New Hampshire became the ninth state to ratify it. The remaining states gradually followed suit, with Rhode Island being the last to approve the document on May 29, 1790.
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The signing of the Constitution
The signing of the US Constitution was the culmination of a long and arduous process that began with concerns about the Articles of Confederation, America's first constitution. The Articles gave the Confederation Congress the power to make rules and request funds from the states, but it lacked enforcement powers, the ability to regulate commerce, and the authority to pass laws that individual states found counter to their interests. This weak central government threatened to tear the young country apart, and the states were on the brink of economic disaster due to inflation and a depressed business condition.
James Madison, Alexander Hamilton, and George Washington were among those who advocated for a stronger central government. In September 1786, Madison and Hamilton issued a report calling for a convention of all the states to discuss commercial problems. The Constitutional Convention assembled in Philadelphia on May 25, 1787, with representatives from all 13 states. The delegates initially intended to revise the Articles of Confederation, but by mid-June, they had decided to create an entirely new form of government.
The Convention was marked by disagreements and compromises, with the delegates representing diverse interests and views. On September 17, 1787, 38 out of 41 delegates present signed the new Constitution, with George Reed signing for the absent John Dickinson of Delaware, bringing the total number of signatures to 39. Several delegates were disappointed with the result, and three refused to sign. Benjamin Franklin, despite his reservations, accepted the Constitution, acknowledging that it was the best option available.
The Constitution required ratification by nine of the 13 states to become binding. Delaware was the first state to ratify on December 7, 1787, followed by Pennsylvania, New Jersey, Georgia, and Connecticut. The ratification process was challenging, with Anti-Federalists opposing the Constitution due to its creation of a powerful central government and the lack of a bill of rights. However, the Massachusetts Compromise in February 1788, which stipulated that amendments would be proposed to protect rights such as freedom of speech, religion, and press, helped secure victory in several states. On June 21, 1788, New Hampshire became the ninth state to ratify, making the Constitution the official framework of the US government.
The journey to full ratification continued, with Rhode Island being the last state to approve the document on May 29, 1790. The Constitution, with its delineation of the federal government into three branches and its concepts of federalism, stands as one of the longest-lived and most emulated constitutions in the world.
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Ratification
The United States Constitution was ratified on June 21, 1788, when New Hampshire became the ninth of 13 states to approve the document. The journey to ratification, however, was a long and arduous process.
The first constitution, the Articles of Confederation, was in force since 1781. It established a "league of friendship" and a constitution for the 13 sovereign and independent states after the Revolution. However, 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. The states’ disputes over territory, war pensions, taxation, and trade threatened to tear the young country apart.
James Madison, Alexander Hamilton, and George Washington, believed that the country needed a stronger central government to provide order and stability. In 1786, Madison and Hamilton issued a report calling upon Congress to summon delegates of all the states to meet and discuss commercial problems. The Confederation Congress endorsed their initiative, and representatives from all 13 states were invited to the Constitutional Convention in Philadelphia on May 25, 1787.
The delegates of the Constitutional Convention assembled in Philadelphia in May 1787. Although they had gathered to revise the Articles of Confederation, by mid-June they had decided to completely redesign the government. The delegates came up with a powerful central government, representing wildly different interests and views, and crafted compromises.
The ratification campaign was a nail-biter. The tide turned in Massachusetts, where the “vote now, amend later” compromise helped secure victory and eventually in the final holdouts. The constitution was subsequently ratified by Massachusetts, Maryland, South Carolina, and, finally, New Hampshire.
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Frequently asked questions
Only one attempt was made to make the Constitution. However, the document was a series of compromises, and several delegates were disappointed in the result.
The Constitutional Convention assembled in Philadelphia in May 1787. The initial purpose was to revise the Articles of Confederation, which was the first constitution of the United States. However, by mid-June, the delegates had decided to create a new form of government.
38 out of 41 delegates signed the Constitution. George Reed signed for John Dickinson of Delaware, bringing the total number of signatures to 39.
Ratification by 9 of the 13 states was required for the Constitution to become official. The first state to ratify was Delaware on December 7, 1787. The Constitution became the official framework of the government of the United States on June 21, 1788, when New Hampshire became the ninth state to ratify it.
