Eleanor Finch
The Constitution of the United States, which came into effect in 1789, was created after the Revolutionary War. The Continental Congress adopted the Articles of Confederation, the first constitution of the United States, on November 15, 1777, during the American Revolution. However, the Articles of Confederation created a weak central government, leading to calls for a new federal constitution. The Constitutional Convention, which included delegates who had fought in the Revolutionary War, convened from May 25 to September 17, 1787, and resulted in the creation of the U.S. Constitution, which was ratified on June 21, 1788.
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What You'll Learn
The Articles of Confederation
Just a few years after the Revolutionary War, James Madison, Alexander Hamilton, and George Washington feared that the young country was on the brink of collapse. 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 country apart. In May 1787, the Constitutional Convention assembled in Philadelphia to revise the Articles of Confederation. The Constitution superseded the Articles of Confederation on March 4, 1789.
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The Philadelphia Convention
George Washington, former commanding general of the Continental Army in the American Revolutionary War, was elected unanimously as the president of the convention. The convention was marked by heated debates, with delegates representing a wide range of interests and views. Despite the sweltering summer heat, the windows of the meeting hall were nailed shut to keep the proceedings a secret. James Madison's notes, published after his death, provide a detailed first-person account of the convention.
The delegates to the convention created a model of government that divided federal authority between the legislative, judicial, and executive branches, establishing a system of checks and balances. They crafted a powerful central government, addressing concerns about centralized power by creating a federal government with more specific powers, including the ability to conduct foreign relations. The convention ultimately debated and ratified the Constitution of the United States, making it one of the most significant events in American history.
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The Federalists and Anti-Federalists
A few years after the Revolutionary War, America's first constitution, the Articles of Confederation, was deemed inadequate. 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, print money, or effectively support a war effort. This led to disputes over territory, war pensions, taxation, and trade, threatening to tear the young country apart.
As a result, a Constitutional Convention was assembled in Philadelphia in May 1787 to revise the Articles of Confederation. The delegates created a powerful central government, representing diverse interests and views, and crafted compromises. This new constitution was signed on September 17, 1787, and superseded the Articles of Confederation on March 4, 1789.
During the debates over the ratification of the Constitution, two opposing factions emerged: the Federalists and the Anti-Federalists. The Federalists, led by Alexander Hamilton, James Madison, and John Jay, believed that a strong central government was necessary to address the nation's challenges. They argued that a stronger central government would provide a solid foundation for states like New York to grow and prosper.
On the other hand, the Anti-Federalists, including Patrick Henry and small farmers, landowners, shopkeepers, and laborers, vehemently opposed the ratification of the Constitution. They feared that the new national government would be too powerful and threaten individual liberties, given the absence of a bill of rights. The Anti-Federalists favored strong state governments, a weak central government, direct elections, short term limits for officeholders, and the strengthening of individual freedoms. They fought to preserve state autonomy and demanded a bill of rights to protect against federal encroachments.
The debates between Federalists and Anti-Federalists were often contentious and sometimes even turned violent, with marches and battles occurring in towns and villages across the country. Despite the opposition, the Federalists ultimately succeeded in gaining support for the Constitution, and it was ratified in 1788. The Anti-Federalists' efforts, however, played a crucial role in the adoption of the First Amendment and the other nine amendments that constitute the Bill of Rights, ensuring the protection of individual liberties.
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The ratification process
Alexander Hamilton led the call for a constitutional convention to reevaluate the nation's governing document. The delegates to the Constitutional Convention of 1787 were familiar with this decade-long constitutional heritage. The convention assembled in Philadelphia in May 1787, with representatives from all 13 states. The initial purpose of the convention was to amend the Articles of Confederation, but the outcome was the proposal and creation of a new form of government.
The convention debated in secret whether to send the Constitution to the states for ratification. The Federalists, supporters of the Constitution, wanted to forward it to the states with the approval of Congress. The Antifederalists, opponents of the Constitution, wanted to send it to the states with amendments, including a bill of rights. The Antifederalists also argued that the ratification process suggested by the Philadelphia Convention violated the amendment procedure provided by the Articles of Confederation.
Under Article VII, the new Constitution would not be binding until ratified by nine of the 13 existing states. Hamilton and James Madison led the lobbying efforts for votes in favor of ratifying the Constitution. They produced 85 essays, known as "The Federalist Papers," which explained and defended how the proposed new government would function. The first state to ratify the Constitution was Delaware on December 7, 1787, followed by Pennsylvania, New Jersey, Georgia, and Connecticut.
The ratification campaign was a close contest. The tide turned in Massachusetts, where the "vote now, amend later" compromise helped secure victory and eventually break the deadlock in the final holdout states. On June 21, 1788, New Hampshire became the ninth state to ratify the Constitution, making it the official framework of the US government. After ratification, Congress set dates for the first federal elections, which were held from December 15, 1788, to January 10, 1789. The new government began on March 4, 1789, with George Washington as President and John Adams as Vice President.
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The Constitution's legacy
The Constitution of the United States is the supreme law of the United States of America. It superseded the Articles of Confederation, the first constitution, on March 4, 1789. The Constitution has had a profound impact on the United States and has also influenced other nations. It is one of the longest-lived and most emulated constitutions in the world.
The Constitution has been the cornerstone of American government and politics, providing a framework for the federal government and delineating the separation of powers into three branches: the legislative, executive, and judicial. The Constitution also embodies concepts of federalism and describes the rights and responsibilities of state governments in relation to the federal government. Over the years, the Supreme Court has played a significant role in interpreting and applying the Constitution, including landmark cases such as Brown v. Board of Education, which banned segregation in public schools.
The Constitution has also faced amendments and challenges. The Fourth Amendment, for example, protects individuals against unreasonable searches and seizures, reflecting the lingering resentment over the Quartering Acts during the Revolutionary War. The Constitution lacked a Bill of Rights, which was a concern for some, including Thomas Jefferson, who corresponded with individuals such as Madison and John Jay about the need for a more powerful central government. The Equal Rights Amendment for women, proposed in 1923, was approved by Congress in 1972 but failed to gain support from state legislatures.
The Constitution has had a significant legacy in the United States, shaping the country's government, politics, and law. It has also influenced other nations, with international interest in America's founding documents, including the Declaration of Independence and the Bill of Rights. The Constitution has been published in multiple languages and has served as a model for other countries, such as Switzerland, which adopted a constitution modelled after the United States Constitution in 1848.
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Frequently asked questions
The US Constitution was created after the Revolutionary War, which ended in 1783 with the Treaty of Paris.
The Articles of Confederation, America's first constitution, was the US Constitution's predecessor.
The US Constitution was created on September 17, 1787, and ratified on June 21, 1788. It came into effect in 1789.
