The Constitution: How Did We Decide?

The United States 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 1787, with delegates swearing secrecy so they could speak freely. The delegates initially gathered to revise the Articles of Confederation, which many Americans believed had created a weak central government. However, by mid-June, they had decided to completely redesign the government, with the final document being the result of months of passionate and thoughtful deliberation. The Constitution was then ratified by the states, with ratification by 9 of the 13 states enacting the new government. The process for amending the Constitution is outlined in Article V, with amendments requiring approval by two-thirds of both houses of Congress or a national convention requested by two-thirds of state legislatures.

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The Constitutional Convention assembled in Philadelphia in 1787

The Constitutional Convention assembled in Philadelphia in May 1787, with the delegates meeting in the State House, swearing secrecy so they could speak freely. The convention was driven by the fear that the young country was on the brink of collapse. America's first constitution, the Articles of Confederation, had created a weak central government, with no enforcement powers, and no ability to regulate commerce or print money. The states' disputes over territory, war pensions, taxation, and trade threatened to tear the country apart.

The delegates, including George Washington, Benjamin Franklin, Alexander Hamilton, and James Madison, had gathered to revise the Articles of Confederation. However, they soon decided to completely redesign the government, with Madison and the nationalists appearing to have a grip on the proceedings. The convention debated various plans, including Paterson's "New Jersey resolutions", which called for a revision of the articles to enable Congress to raise revenues and regulate commerce more easily. This plan was rejected, and the convention moved towards the creation of a new government, with Madison's ideas forming the basis of the new Constitution.

The delegates argued fiercely over congressional representation, with the compromise being one representative for every 30,000 people in the House of Representatives, and two in the Senate. They also agreed to count enslaved Africans as three-fifths of a person, and to allow the slave trade to continue until 1808. The delegates appointed a Committee of Detail to draw up a draft constitution, which included Oliver Ellsworth, Nathaniel Gorham, Edmund Randolph, and James Wilson. The Committee of Style, which included Hamilton, reviewed the draft.

The Constitution was written and signed in 1787, and it was ratified by the states, becoming the supreme law of the land. The ratification process bypassed the state legislatures, instead calling for special ratifying conventions in each state. Ratification by nine of the thirteen states enacted the new government.

The Articles of Confederation were revised

The Articles of Confederation, officially the Articles of Confederation and Perpetual Union, was an agreement and early body of law in the Thirteen Colonies, which served as the nation's first frame of government during the American Revolution. It was debated by the Second Continental Congress at present-day Independence Hall in Philadelphia between July 1776 and November 1777, was finalized by the Congress on November 15, 1777, and came into force on March 1, 1781, after being ratified by all 13 colonial states.

The Articles of Confederation established a league of friendship for the 13 sovereign and independent states. Each state retained "every Power...which is not by this confederation expressly delegated to the United States". The Articles also outlined a Congress with representation not based on population – each state had one vote in Congress. However, the Articles 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.

As the Confederation Congress attempted to govern the continually growing 13 colonial states, its delegates discovered that the limitations on the central government, such as in assembling delegates, raising funds, and regulating commerce, limited its ability to do so. As the government's weaknesses became apparent, especially after Shays's Rebellion, several prominent political thinkers in the fledgling union began asking for changes to the Articles that would strengthen the powers afforded to the central government.

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.

Throughout the 1780s, Congress attempted to amend the Articles of Confederation. Some of these efforts tried to empower Congress by temporarily granting them the power to tax or regulate commerce. However, these efforts failed to gain the necessary approval of all thirteen state legislatures.

In September 1786, delegates from five states met at what became known as the Annapolis Convention to discuss the need for reversing the protectionist interstate trade barriers that each state had erected. At its conclusion, delegates voted to invite all states to a larger convention to be held in Philadelphia in 1787. The Confederation Congress later endorsed this convention "for the sole and express purpose of revising the Articles of Confederation". In May of 1787, the Constitutional Convention assembled in Philadelphia to revise the Articles of Confederation. Although the states' representatives to the Constitutional Convention in Philadelphia were only authorized to amend the Articles, delegates held secret, closed-door sessions and wrote a new constitution. By mid-June, they had decided to completely redesign the government.

The role of the Supreme Court

The Supreme Court's decisions create precedents that influence how the Constitution is understood and applied. This interpretive role is significant, as it helps clarify ambiguous provisions and adapt the Constitution to changing circumstances. The Court's rulings can shape the balance of power between the federal government and the states, as well as define the rights and liberties of citizens.

One notable example of the Supreme Court's role is the District of Columbia Voting Rights Amendment. This proposed amendment sought to grant Washington, D.C., full representation in Congress and unconditional Electoral College voting rights. While it failed to be adopted due to insufficient state ratification, it highlighted the Supreme Court's involvement in the process of amending the Constitution. The Court's interpretation of constitutional provisions guides the understanding and enforcement of the Constitution, ensuring it remains a living document that can adapt to the evolving needs of the nation.

The formation of the Supreme Court itself is also tied to the Constitution's creation. The Constitutional Convention of 1787, led by prominent figures such as George Washington, Alexander Hamilton, and James Madison, aimed to address the weaknesses of the Articles of Confederation, which lacked enforcement powers and created an ineffective central government. The delegates' decision to bypass state legislatures and establish a strong central government through ratification by special conventions in each state set the stage for the Supreme Court's role in interpreting and enforcing the Constitution.

The Supreme Court's role in the US constitutional framework is crucial for maintaining the balance between federal and state powers and safeguarding citizens' rights. Its decisions shape the interpretation and application of the Constitution, ensuring that the principles enshrined within it are upheld and adapted to meet the nation's evolving needs.

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The ratification process

The Constitutional Convention

The Constitutional Convention, which took place in Philadelphia in 1787, was a pivotal moment in the formation of the US Constitution. The delegates, including prominent figures like James Madison, Alexander Hamilton, and George Washington, met to address the shortcomings of the Articles of Confederation, which was America's first constitution. However, they soon realised that a completely new form of government was needed. They debated and compromised on issues like congressional representation, slavery, and state powers.

State Ratifying Conventions

The founders intentionally bypassed state legislatures during the ratification process, anticipating resistance from those reluctant to cede power to a national government. Instead, they opted for special ratifying conventions in each state, allowing for the election of individuals outside the state legislatures, such as judges and ministers. This ensured a broader representation in the ratification process.

Federalist and Anti-Federalist Debates

The Federalists strongly advocated for the Constitution, believing in the necessity of a strong central government. On the other hand, Anti-Federalists vehemently opposed it, arguing it created a powerful central authority reminiscent of the monarchy they had recently overthrown. The ratification campaign was intense, and the compromise in Massachusetts, where they agreed to "vote now, amend later," was a turning point that helped secure the necessary support.

Achieving Ratification

For the Constitution to come into effect, ratification by nine out of the thirteen states was required, according to Article VII. On June 21, 1788, New Hampshire became the ninth state to ratify. This triggered the establishment of a date for the new government to begin operating under the Constitution. The process empowered the people to select their form of government, marking a significant shift towards democracy.

Amendments and Judicial Review

The Constitution provides a mechanism for amendments outlined in Article V. While amendments can be proposed by Congress or a national convention, the proposal must be ratified by either state legislatures or state ratifying conventions. The Supreme Court and other federal courts also play a crucial role in interpreting the Constitution through judicial review, striking down laws or government actions that are deemed unconstitutional.

The influence of James Madison

The US Constitution was created in 1787 at the Federal Constitutional Convention in Philadelphia. James Madison played a central role in drafting, explaining, and ratifying the Constitution. He is often referred to as the "Father of the Constitution".

Madison's work on George Mason's draft of the Virginia Declaration of Rights was the first step towards independence and the Constitution. He made a significant contribution by replacing the phrase "all men should enjoy the fullest toleration in the exercise of religion" with "all men are equally entitled to the full and free exercise of it". Madison also helped steer the nation to victory in the American Revolution, and his "Notes of Debates in the Continental Congress" served as one of the best sources of information for the activities of Congress during the years leading up to the military victory and the frustrations leading to plans for a new federal Constitution.

In 1787, Madison entrusted Washington with an outline for a new government, which he had completed in a paper called "Vices of the Political System of the US". This outline became known as the "Virginia Plan of Government" and formed the basis for the nationalists' opening line of debate. After four months of debate and compromise, the Constitution of 1787 emerged.

Madison's views on the proper role and power of courts within the US constitutional system differ from those that dominate today. He did not believe in judicial supremacy in matters of constitutional understanding and decision. Instead, he advocated for a separation of powers and the mutual "checks" of coordinate, independent branches of government, and even of the states. Madison believed that the meaning of the Constitution was a matter of objective fact, not subjective interpretation or blanket judicial discretion.

Madison also played a key role in the creation of the Bill of Rights. In 1788, he promised to support a bill of rights, and in 1789, he introduced a series of proposed amendments that formed the core of what became the Bill of Rights in the Constitution. He emphasised the role of public opinion in a republic and believed that including basic rights in the Constitution would influence public opinion against their abridgement and help restrain intolerant majorities. Madison is considered the chief author of the First Amendment, which guarantees freedoms of religion, speech, and the press.

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