Simone Lawson
The United States Constitution was signed on September 17, 1787, by 38 delegates, replacing the previous organizing document, the Articles of Confederation. The Articles of Confederation were considered too weak and inadequate, as they gave the Confederation Congress the power to make rules and request funds from the states, but lacked enforcement powers, the ability to regulate commerce, and the ability to print money. The Constitutional Convention of 1787 aimed to address these flaws by creating a powerful central government with the ability to enforce laws, regulate commerce, and print money. The Constitution also established a system of checks and balances to ensure that no one branch of government became too powerful. While the Constitution has been praised for its articulation of fundamental equality and the notion that the government's power flows from the people, it has also been criticized for its preservation of slavery and the exclusion of marginalized groups from the definition of the people. Amendments have been made over time to address some of these flaws, and the Constitution remains one of the longest-lived and most emulated in the world.
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What You'll Learn
A powerful central government
The United States Constitution was designed to correct the flaws in the Articles of Confederation, which was America's first constitution. The Articles of Confederation created a loose confederation of sovereign states and a weak central government, leaving most of the power with the state governments. This led to divisions among the states and even local rebellions, threatening to destroy the fruits of the Revolution.
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, print money, or effectively support a war effort. It had little power to settle quarrels between states. The states' disputes over territory, war pensions, taxation, and trade threatened to tear the young country apart.
James Madison, Alexander Hamilton, and George Washington, along with other Nationalists, believed that a strong central government was necessary to address these issues and provide order and stability. They worked towards strengthening the federal government and revising the Articles of Confederation. Madison and Hamilton issued a report calling upon Congress to summon delegates from all the states to meet and discuss commercial problems. This led to the Constitutional Convention in Philadelphia in 1787, where delegates decided to completely redesign the government.
The Constitution created a powerful central government, with the executive branch acquiring more power to deal with issues that had been a source of sectional tension under the Articles of Confederation. The President gained the authority to conduct foreign relations, and Congress was given the power to regulate commerce and pass legislation creating departments within the executive branch. The Constitution also established a system of checks and balances by dividing federal authority between the legislative, judicial, and executive branches of government.
The ratification of the Constitution in 1789 marked the beginning of the new government, with 9 out of 13 states enacting it. The Federalists, who supported a strong central government, faced opposition from Anti-Federalists who feared the loss of state power and believed the Constitution lacked a bill of rights. Despite these concerns, the Constitution was ratified and has served as the basis of the United States Government ever since.
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Ratification by 9 of 13 states
The Articles of Confederation, America's first constitution, 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.
The Articles had required unanimous state legislative consent to amendments, but achieving this mandated unanimity took three and a half years. The Articles also stipulated that amendments needed to be approved by Congress and then “confirmed” by all of the state legislatures. However, several amendments to the Articles were proposed by the Confederation Congress, but none were adopted by all of the states.
When the Constitutional Convention met in May 1787, the procedure for ratification of its proposal was a serious consideration. Knowing that a unanimous state approval was impossible, the Convention devised a unique procedure for ratification that comprised the Seventh Article that concluded the Constitution. The Virginia Plan, submitted to the Convention on 29 May 1787, provided that Congress first approve the proposed Constitution and then submit it to the state legislatures, which, in turn, would then call state conventions to consider ratification. Charles Pinckney of South Carolina suggested that nine states should be enough for ratification. On 12 June, the Convention approved the Virginia Plan’s ratification provisions by a vote of 6 to 3.
The new constitution provided that it would go into effect when ratified by nine or more of the thirteen states. Such ratification would be conducted by special state conventions rather than by existing state legislatures. Once ratified, the document could be amended by a special convention called by Congress at the request of two-thirds of the states or by amendments proposed by two-thirds majorities of both houses of Congress, which were subsequently ratified by three-fourths of the state legislatures or by specially called state conventions.
The Federalists, who believed that a strong central government was necessary to face the nation’s challenges, needed to convert at least three states. The Anti-Federalists fought hard against the Constitution because it created a powerful central government that reminded them of the one they had just overthrown, and it lacked a bill of rights. The ratification campaign was a nail-biter. The tide turned in Massachusetts, where the “vote now, amend later” compromise helped secure victory in that state and eventually in the final holdouts.
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Compromises were crafted
The US Constitution was signed on September 17, 1787, by 38 delegates, replacing the previous organising document, the Articles of Confederation. The Articles of Confederation were considered too weak and inadequate, as they 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.
Another critical compromise was the inclusion of a Bill of Rights. The Anti-Federalists, who opposed the Constitution, argued that it lacked a bill of rights and infringed on state sovereignty. Madison, a key figure in the Constitutional Convention, played a pivotal role in shepherding through 17 amendments, which were later trimmed to 12 in the Senate. These amendments, known as the Bill of Rights, addressed concerns over the lack of protection for individual liberties. By December 15, 1791, three-fourths of the states had ratified the Bill of Rights, marking a significant compromise that reconciled differing views on the role of government and individual freedoms.
Additionally, the Constitution addressed flaws related to the centralisation of power. The Articles of Confederation had established a weak central government, with limited powers and no executive official or judicial branch. The Constitution created a more powerful central government, but it also included checks and balances to prevent the concentration of power. The compromise struck a balance between providing sufficient power to the federal government while maintaining the independence and influence of the states.
While the Constitution aimed to correct flaws in the Articles of Confederation, it also faced criticism for its preservation of slavery and exclusion of marginalised groups, including women, non-white people, and indigenous people. The compromise that allowed slavery to continue was a blow to those working towards abolition. The Constitution has since been amended to address some of these injustices, but the original document reflected the contradictions and challenges of the time.
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A bill of rights
The United States Constitution was designed to correct the flaws of the Articles of Confederation, which was America's first constitution. 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.
The Constitution was designed to address these flaws by creating a powerful central government with the ability to enforce laws, regulate commerce, and print money. The Constitution also established a system of checks and balances, including a strong executive branch, a representative legislature, and a federal judiciary.
One of the key ways in which the Constitution was designed to correct the flaws of the Articles of Confederation was through the inclusion of a Bill of Rights. The Bill of Rights is a list of amendments to the Constitution that were designed to limit the power of the government and protect the individual liberties of citizens. The first ten amendments to the Constitution make up the Bill of Rights, which was ratified by three-fourths of the states by December 15, 1791.
The Bill of Rights was influenced by the Virginia Declaration of Rights, written by George Mason, as well as English documents such as the Magna Carta, the Petition of Right, the English Bill of Rights, and the Massachusetts Body of Liberties. The Bill of Rights includes protections for freedom of speech, freedom of religion, the right to bear arms, and the right to be free from unreasonable government intrusion in citizens' homes.
The inclusion of a Bill of Rights in the Constitution was controversial at the time. Some delegates, such as George Mason, refused to sign the Constitution because it lacked a bill of rights. James Madison, initially an opponent of the Bill of Rights, later introduced a list of amendments that became the Bill of Rights. Madison recognized the importance voters attached to these protections and the role they could play in educating people about their rights.
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Explicitly excluding marginalised groups
The US Constitution has a long history of explicitly excluding marginalised groups, with amendments being made over time to address these issues. One of the most significant ways that the Constitution excluded marginalised groups was through the institution of slavery, which was not directly addressed in the original document. The Constitution implicitly supported slavery through provisions such as the Three-Fifths Compromise, which allowed slaves to be counted as three-fifths of a person for the purposes of representation in Congress and taxation. This compromise was a clear example of how the Constitution excluded and dehumanised African Americans, treating them as property rather than full human beings.
Additionally, the Constitution did not initially grant citizenship or equal rights to African Americans, even after the abolition of slavery. It took the passage of the 14th Amendment in 1868 to extend liberties and rights granted by the Bill of Rights to formerly enslaved people and to grant citizenship to "all persons born or naturalized in the United States". This amendment was a significant step towards addressing the explicit exclusion of African Americans from the Constitution.
Another way that the Constitution excluded marginalised groups was through the lack of representation and protection for Indigenous peoples. The Constitution did not recognise the sovereignty or rights of Indigenous nations and failed to address issues such as land disputes and treaty obligations. This exclusion led to widespread dispossession, displacement, and violence against Indigenous communities.
Furthermore, the Constitution also perpetuated gender inequality by excluding women from the right to vote and participate fully in the political process. The Constitution did not explicitly address women's suffrage, and it took the passage of the 19th Amendment in 1920 to guarantee women the right to vote.
While the Constitution has been amended over time to address some of these exclusions, it is important to recognise that marginalised groups continue to face barriers and discrimination. The Constitution's original flaws and the ongoing struggle for equal rights and representation for all Americans remain a critical aspect of the nation's history and ongoing political debates.
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Frequently asked questions
America's first constitution, the Articles of Confederation, was considered inadequate because it 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 Constitution created a powerful central government that could enforce rules, regulate commerce, and print money.
The Articles of Confederation were also flawed because they didn't provide for the central government to collect taxes, they allowed states to conduct their own foreign policies and have their own money systems, and they were practically impossible to amend.
The Constitution established a system of federalism, where the central government and state governments share power, and it provided for a process of amendment that has allowed the Constitution to evolve over time.
Some have argued that the Constitution could benefit from a more explicit articulation of fundamental economic rights and from amendments that explicitly address racial discrimination and provide for rights such as housing, education, and basic economic survival.
