Eleanor Finch
The US Constitution of 1789 established a federal democratic republic, with the purpose of establish [ing] Justice, insur [ing] domestic Tranquility, provid [ing] for the common defense, promot [ing] the general Welfare, and secur [ing] the Blessings of Liberty to its people. The Constitution emerged from the Constitutional Convention in Philadelphia, which took place between May and September 1787, and addressed the weaknesses of the central government under the Articles of Confederation. The Constitution aimed to create a stronger central government with more specific powers, particularly in relation to foreign affairs. It established a federal government divided into three branches: the legislative, executive, and judicial, with checks and balances to ensure no single branch held too much power. The Constitution also delineated the rights and responsibilities of state governments and the process of constitutional amendment. While it was a significant step towards democracy, the Constitution also contained compromises, such as the protection of slavery and the Connecticut Compromise, which granted each state equal representation in the Senate, leading to disproportional representation for less populous states.
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What You'll Learn
The Constitution established a democratic republic
The US Constitution of 1789 established a democratic republic, delineating the framework of a federal government with three branches: the legislative, executive, and judicial. The Constitution's purpose, as stated in the Preamble, is to "establish Justice, insure domestic Tranquility, provide for the common defence, promote the general Welfare, and secure the Blessings of Liberty" for Americans.
The Constitutional Convention in Philadelphia from May to September 1787 addressed the weaknesses of the central government under the Articles of Confederation. The resulting Constitution established a stronger federal government with more specific powers, particularly in foreign relations. The framers of the Constitution divided federal authority to create a system of checks and balances, giving the legislative branch considerable power and envisioning a weak presidency.
The Constitution's democratic nature is evident in its recognition of inherent rights and self-governance by the people. It also established a bicameral Congress, with representation in the House of Representatives apportioned by population and equal representation in the Senate for each state. This ensured that less populous states had a voice in the government.
However, the Constitution also had undemocratic aspects, such as the protection of slavery and the lack of a bill of rights ensuring individual liberties. The delegates agreed to protect the slave trade for 20 years and allowed states to count slaves as part of their populations for representation, further entrenching slavery. The absence of a bill of rights was a significant concern for some, including George Mason, who felt it could lead to a potentially ruinous central authority.
The Constitution of 1789 has been amended multiple times, with the first ten amendments, known as the Bill of Rights, ratified in 1791. These amendments addressed issues such as individual liberties and rights, further shaping the democratic nature of the US government.
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The Articles of Confederation were rejected
One of the main reasons for the rejection of the Articles of Confederation was the weakness of the central government it established. The Articles provided for a very limited central government, with Congress serving as the last resort for disputes among the states. While the Articles granted Congress certain powers, such as the ability to make treaties and alliances, maintain armed forces, and coin money, it lacked the ability to levy taxes and regulate commerce. This made it difficult for the central government to fund its operations and maintain an effective military.
Additionally, the Articles required unanimous consent from all 13 states for any amendments to be made, which was practically impossible given the rivalries between the states. The high supermajority required for passing legislation also made it challenging for Congress to enact laws affecting all the states.
The Articles of Confederation also did not provide an effective system of checks and balances, as there was no executive or judiciary branch to counterbalance the legislative branch. This led to a backlog of paperwork and hindered the government's ability to address important issues.
Furthermore, the Articles did not adequately address the payment of debts from the Revolutionary War, contributing to economic issues. The central government's inability to collect taxes and regulate trade made it difficult to repay these debts, and the government lacked the power to address domestic issues such as Shays' Rebellion in 1786-1787.
The limitations of the Articles of Confederation became increasingly apparent, leading to calls for a stronger central government and the creation of a new constitution. The Constitutional Convention of 1787 marked the end of the era of the Articles of Confederation and resulted in the establishment of a federal government with more specific powers, including those related to foreign relations.
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The Constitution's three branches
The US Constitution of 1789 established a federal democratic republic. The Founding Fathers established three main principles on which the US government is based: inherent rights, separation of powers, and federalism. The Constitution's first three articles embody the doctrine of the separation of powers, dividing federal authority into three branches: the legislative, executive, and judicial.
The Legislative Branch is made up of the House and the Senate, known collectively as Congress. It is responsible for making laws, declaring war, regulating interstate and foreign commerce, and controlling taxing and spending policies. The Executive Branch is led by the President and is responsible for enforcing the laws of the land. It also includes executive departments, independent agencies, and other boards, commissions, and committees. The President can veto legislation created by Congress and nominate heads of federal agencies and high court appointees.
The Judicial Branch includes the Supreme Court and other federal courts. The Justices of the Supreme Court interpret laws according to the Constitution and can overturn unconstitutional laws. They are the highest court in the country and only hear cases pertaining to issues related to the Constitution. The federal judicial system also has lower courts located in each state to hear cases involving federal issues.
Each of the three branches of the US government provides checks and balances on the others. For example, Congress can remove the President from office in exceptional circumstances, and the President nominates the Justices of the Supreme Court, who are then confirmed by the Senate. This system ensures that the government is effective and citizens' rights are protected.
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The Connecticut Compromise
The compromise proposed a bicameral federal legislature with a dual system of representation. It retained the bicameral legislature proposed by Roger Sherman, with proportional representation of the states in the lower house, or House of Representatives, and equal representation in the upper house, or Senate, with each state having two members. This compromise addressed the disagreement between delegates from small and large states regarding the apportionment of representation. While the large states favoured a plan that allocated representation based on population or wealth, the small states advocated for equal representation in Congress.
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The Bill of Rights
The US Constitution of 1789 was a remarkable blueprint for self-government, but it was also deeply flawed. Notably, it did not include a bill of rights, which was a significant obstacle to its ratification by the states. This absence was a key concern of Anti-Federalists, who feared a strong centralised government and refused to support the Constitution without a bill of rights.
The Federalists, on the other hand, opposed the inclusion of a bill of rights, arguing that it was unnecessary. James Madison, a Federalist and initially the most vocal opponent of the Bill of Rights, eventually introduced a list of amendments to the Constitution on June 8, 1789. Madison's amendments focused on rights-related changes, avoiding structural alterations to the government. He proposed 17 amendments, which the House passed as a joint resolution. However, the Senate amended this resolution, reducing the number of amendments to 12.
On September 25, 1789, the First Congress of the United States proposed these 12 amendments to the Constitution as supplemental additions (codicils). Ten of these amendments were ratified by three-fourths of the state legislatures on December 15, 1791, and they became the first 10 amendments of the Constitution, known as the Bill of Rights. These amendments guaranteed fundamental rights, including freedom of speech, freedom of the press, freedom of religion, and protection from unwarranted government intrusion.
The process of creating the Bill of Rights was a democratic one, involving debate and compromise between the House and the Senate, and ultimately requiring ratification by a significant portion of the state legislatures. This ensured that the Bill of Rights reflected the popular sentiment of the time, as the American people sought strong guarantees for their newly won freedoms.
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Frequently asked questions
Yes, the US Constitution of 1789 established a Federal democratic republic.
The US Constitution of 1789 established a federal government with more specific powers, including those related to conducting relations with foreign governments. The Constitution also delineates the doctrine of the separation of powers, dividing federal authority between the legislative, judicial, and executive branches of government.
One of the criticisms of the US Constitution of 1789 was that it did not include a "bill of rights" to ensure individual liberties. Opponents of the Constitution, including George Mason, wanted a new convention to reconsider the formation of a new government. There was also disagreement over the method of electing the executive, with proposals ranging from direct election by the people to election by state governors.
