Malcolm Rivera
The framers of the US Constitution took a bold and confident approach to drafting a document that would endure for ages to come. They sought to limit the powers of the national government and safeguard individual liberties through federalism, separation of powers, and checks and balances. This dispersed power and prevented its concentration in a single entity, ensuring cooperation and accountability. The framers also aimed to shield the government from populist influence, with the chief executive vested with veto power and senators selected by state legislators, not voters. The framers' approach reflected their belief that courage was the secret of liberty.
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What You'll Learn
The framers' vision for the future
The framers of the US Constitution had a bold and confident vision for the future. They wanted to create a strong central government that would provide order and stability, but they also wanted to limit the powers of the national government to safeguard individual liberties. To achieve this, they used a federal system of government, separation of powers, and checks and balances. This approach prevented the concentration of power in any single entity and allowed different levels and branches of government to work together and keep each other in check.
The framers were concerned about the relative political influence of the voting public and sought to insulate Congress, the judiciary, and the president from populist pressures. They established a system where the president was selected by a body of electors chosen by the states, and senators were selected by state legislators rather than directly elected by voters. The framers also gave the president the power to veto legislation and established the Supreme Court to protect the interests of the federal government.
The framers understood that they were entrusting future generations with the responsibility to interpret and apply the broad principles set forth in the Constitution. They believed that courage was the secret of liberty and that the meaning of the Constitution would be refined over time as society gained greater insight into questions of human nature and governance. They did not intend for their understanding of the Constitution to be locked into place, but rather for it to be adapted to the evolving needs of the nation.
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The role of federal judges
The framers of the US Constitution had no practical model of a court to serve the whole nation. The only court established under the Articles of Confederation was the Court of Appeals in Cases of Capture, which had very limited jurisdiction and dealt only with the capture of enemy ships. The framers were prepared to have a country with just one federal court: the Supreme Court.
The framers also wanted to ensure a proper separation of powers. They wanted to keep the other two branches of government in check and prevent a too-powerful legislative branch or an overreaching executive. The federal judiciary was to be the third co-equal branch of government.
The first sentence of Article III of the Constitution states: “The judicial power of the United States, shall be vested in one Supreme Court, and in such inferior courts as the Congress may from time to time ordain and establish.” This established that there would be a Supreme Court, and that this Court would be separate from both the legislature (Congress) and the executive (the President).
Federal judges are appointed by the President and confirmed by the Senate. They receive a fixed salary that cannot be altered during their service. They are expected to approach each case with an open mind and render unbiased judgments, and to be impartial and non-partisan.
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The issue of slavery
The framers were aware that slavery contradicted the natural rights of all and the idea of consent in a republic. They believed that slavery was morally wrong and would eventually die out. However, they also sought to form a strong Union, and some believed that concessions on slavery were necessary to gain the support of southern delegates. This resulted in a compromise, where the Constitution protected slavery without explicitly mentioning the word "slave" or "slavery".
The Three-Fifths Clause in Article 1, Section 2, Paragraph 3, is one such example. It provided that apportionment of representatives would be based on the population of free persons, excluding "Indians not taxed" and counting "three-fifths of all other persons". These "other persons" referred to the African slaves who made up a significant portion of the Southern states' population. The Constitution also included a ban on Congress ending the slave trade for 20 years, the Fugitive Slave Clause, and clauses related to slave insurrections.
By sidestepping the issue of slavery and making these concessions, the framers laid the foundation for future conflict. Thurgood Marshall, the first African American Supreme Court justice, criticised the Constitution for excluding a majority of Americans with the phrase "We the People". He and others, like abolitionist William Lloyd Garrison, viewed the Constitution as a pro-slavery document that needed to be changed.
On the other hand, some argue that the Constitution created a central government powerful enough to eventually abolish slavery. It posed questions that later generations had to answer, and it allowed for the interpretation and evolution of its principles. While the framers may have hoped that their regime of liberty would lead to slavery's extinction, they also institutionalised and protected slavery, a tragic contradiction that would have lasting consequences.
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The balance of power
The Framers of the US Constitution were concerned about the threats posed by a powerful new national government and sought to prevent the concentration of power in a single entity. They wanted to ensure that the government was strong enough to maintain public order and security while also protecting individual liberty.
To achieve this balance, the Framers used a combination of approaches, including federalism, separation of powers, and checks and balances. Federalism divides powers between the national and state governments, allowing states to retain a degree of sovereignty and control over local issues. Separation of powers involves dividing authority among the three branches of government: the legislative, executive, and judicial branches. This prevents any one branch from becoming too powerful and ensures that no single person, group, or entity has absolute power. The Framers' experience with the British monarchy informed their belief in the importance of separating powers to prevent arbitrary and oppressive government action.
The system of checks and balances further enhances the balance of power by allowing each branch to limit the actions of the others. For example, the President can veto a law passed by Congress, requiring both branches to work together. The Framers intended to create a framework where issues of state and national power could be negotiated, and their structure has been successful in maintaining a balance of power.
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The role of the president
The framers of the US Constitution were focused on constraining the powers of the president. They had just emerged from a revolution against monarchical power and did not want the president to have the same kind of power as the British monarch. The framers imposed several limitations on the powers of the president. For example, they had to get re-elected, had relatively short terms, and could be impeached.
The framers also wanted to insulate the president from populist pressures. They decided that the president would be selected by a body of electors chosen by the states, rather than by individual voters. The framers were concerned about the idea of a demagogue coming into power and were not enthusiastic about presidents addressing the people directly. They expected the president to share policy positions with Congress in writing.
The Constitution sets forth governmental powers in general terms. For example, it states that the president will "take care that the laws be faithfully executed". The framers understood that they were entrusting future generations with the responsibility to interpret these broad principles and apply them to new situations.
Over time, the role of the president has changed and expanded. As the US government began to regulate a more complex economy, the number of administrative agencies under the president's control increased. During a crisis, presidents often find ways to increase their authority, whether constitutional or not. For example, during the Civil War, Lincoln pushed the limits of his powers, calling for 75,000 military volunteers and suspending habeas corpus.
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Frequently asked questions
The framers of the constitution took a federal approach, dividing powers between national and state governments. They also established a system with separation of powers and checks and balances, dividing power among the legislative, executive, and judicial branches.
The aim was to prevent the concentration of power and allow different levels and branches of government to work together, ultimately safeguarding against the abuse of power.
The framers of the constitution tried to insulate Congress and the judiciary from populist pressures. They did not want the president to be chosen by individual voters but by a body of electors selected by the states.
The framers' views on a bill of rights were mixed. Some believed that the government was created to protect property, not redistribute it, while others believed that a bill of rights was necessary to ensure individual liberties.
Yes, there were conflicting opinions among the framers. While most delegates argued for the adoption of the Constitution, some had serious reservations and refused to sign the document.
