The Evolution Of Early American Constitutions Before Revolution

The United States Constitution was signed on September 17, 1787, by 38 delegates, with a 39th signature added by George Reed on behalf of absent John Dickinson of Delaware. The Constitution was the result of a convention of state delegates in Philadelphia, called by the Confederation Congress on February 21, 1787, to propose revisions to the Articles of Confederation, which was America's first constitution. The Articles of Confederation had faced challenges in conducting foreign policy and regulating commerce due to its limited powers and the individual interests of the states. The delegates to the convention, including prominent figures such as George Washington, Alexander Hamilton, and James Madison, aimed to create a stronger national government and address issues arising from the Revolutionary War, such as the payment of debts and the enforcement of laws. The resulting Constitution, with its system of checks and balances and division of powers, stands as one of the longest-lived and most emulated constitutions in the world.

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The Articles of Confederation

Just a few years after the Revolutionary War, James Madison, Alexander Hamilton, and George Washington were among those who feared their 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, print money, or effectively support a war effort. Congress was attempting to function with a depleted treasury, and paper money was creating extraordinary inflation. The states were on the brink of economic disaster, and the central government had little power to settle quarrels between 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, and on September 17, 1787, 38 delegates signed the new Constitution.

Challenges of the Articles of Confederation

The Articles of Confederation, America's first constitution, was established a few years after the Revolutionary War. Despite this, it soon became apparent that the Articles of Confederation had several weaknesses and challenges.

One of the primary challenges was the lack of enforcement powers. While the Articles gave the Confederation Congress the authority to make rules and request funds from the states, it lacked the power to enforce these rules and requests. This meant that Congress struggled to raise funds, regulate trade, or conduct foreign policy without the voluntary cooperation of the states. The states often prioritised their own interests over those of the nation, leading to disputes over territory, war pensions, taxation, and trade, which threatened to tear the young country apart.

The Articles of Confederation also faced challenges in conducting foreign policy. The federal government was unable to pass or enforce laws that individual states found counter to their interests. For example, the 1783 Treaty of Paris, which ended the American War of Independence, included provisions for honouring debts owed by Americans to British subjects and allowing former British loyalists to bring suits in U.S. courts to recover confiscated property. These provisions were unpopular, and many states blocked their enforcement, leading to issues with Britain refusing to vacate military forts in U.S. territory and flooding the U.S. markets with British goods, which harmed American importers and manufacturers.

Additionally, the Articles of Confederation resulted in frequent deadlocks between the North and South. Large majorities were required for the ratification of measures, and the sectional divisions often led to stalemates. This made it challenging to pass legislation and address the issues facing the young nation.

The weaknesses in the Articles of Confederation became increasingly apparent, and figures like James Madison, Alexander Hamilton, and George Washington feared that the country was on the brink of collapse. This led to the convening of the Constitutional Convention in Philadelphia in 1787, where delegates worked on revising the Articles of Confederation and ultimately created a new form of government with a powerful central government and a system of checks and balances.

The Continental Congress

The Second Continental Congress served as the provisional government of the US during most of the Revolutionary War. It convened in May 1775, soon after hostilities broke out in Massachusetts, and sent the Olive Branch Petition to King George III, who refused to receive it. The Second Congress also established the Continental Army and elected George Washington as its commander. It took the momentous step of declaring America's independence from Britain in 1776, and two days after approving the Declaration of Independence, sent Thomas Jefferson's draft to King George III.

In 1781, the Articles of Confederation and Perpetual Union came into force, establishing a new national government for the United States. The Continental Congress became the Congress of the Confederation, which operated as the first federal government until being replaced following the ratification of the US Constitution in 1789.

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The Constitutional Convention

The convention was initially intended to revise the Articles of Confederation and devise a system of federal government. However, James Madison of Virginia, who arrived in Philadelphia eleven days early, was determined to set a new agenda. Before the convention, Madison studied historical republics and confederacies and drafted a document titled "Vices of the Political System of the United States," which offered solutions to the weaknesses of the American political system. Leading proponents of the convention, including Madison and Hamilton, sought to create a new form of government with a stronger central government.

The convention was presided over by George Washington, a proponent of a stronger national government. The delegates debated various issues, including the role of the executive, slavery, and the insertion of a fugitive slave clause. They ultimately ratified the Constitution of the United States, creating a model of government with checks and balances by dividing federal authority between the legislative, judicial, and executive branches. The Constitution came into effect in 1789 and has served as the basis of the United States Government ever since.

Ratification of the Constitution

The US Constitution was signed on September 17, 1787, by 38 delegates, with George Reed signing on behalf of John Dickinson of Delaware, who was absent, bringing the total number of signatures to 39. The delegates were tasked with revising the existing government, but they ended up creating a new one. Representing a wide range of interests and views, they crafted compromises to address the issues facing the young nation.

The Constitution was the result of growing concerns about the Articles of Confederation, which gave the Confederation Congress rule-making and funding powers but lacked enforcement powers, the ability to regulate commerce, or print money. Disputes over territory, war pensions, taxation, and trade threatened to tear the country apart. Alexander Hamilton played a key role in convincing Congress to organize a Grand Convention of state delegates to revise the Articles. The Constitutional Convention assembled in Philadelphia in May 1787, with General George Washington unanimously elected as its president.

The ratification process for the Constitution took place from 1787 to 1791. The delegates decided that ratification by nine of the thirteen states was required to enact the new government. To achieve this, they bypassed the state legislatures, anticipating resistance from members reluctant to cede power to a national government. Instead, they called for special ratifying conventions in each state. The debate over the Constitution took place in various forums, including newspapers, taverns, coffeehouses, and even private homes.

The process of ratification faced opposition and criticism. Congregationalist minister and abolitionist Samuel Hopkins of Connecticut charged the convention with betraying the ideals of liberty by not addressing slavery in the Constitution. George Mason, a delegate, expressed his dissatisfaction with the rush to establish a central authority, fearing it could lead to an ill-advised and potentially ruinous outcome. Despite these concerns, the Constitution was gradually ratified by the states, with New Hampshire becoming the ninth state to ratify it on June 21, 1788, making its adoption official. On March 4, 1789, the 1st Congress of the new Constitution was seated, and George Washington was elected as the first president.

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