Simone Lawson
The United States Constitution, the supreme law of the United States, was written and signed in 1787. The Constitution was the result of months of passionate and thoughtful debate among delegates, including James Madison, Alexander Hamilton, and George Washington, who feared that their young country was on the brink of collapse. The delegates convened at the Constitutional Convention, also known as the Philadelphia Convention, in the Assembly Room of the Pennsylvania State House, now known as Independence Hall. The Convention was conducted under an oath of secrecy, and the delegates came up with a powerful central government, crafting compromises to represent their different interests and views. The Constitution was then ratified by the states, with New Hampshire becoming the ninth state to ratify on June 21, 1788, and the Confederation Congress establishing March 4, 1789, as the date to begin operating a new government under the Constitution.
| Characteristics | Values |
|---|---|
| Date written and signed | 1787 |
| Location written and signed | Philadelphia |
| Number of delegates who signed | 39 |
| Number of states required for ratification | 9 out of 13 |
| First public printing | The Pennsylvania Packet and Daily Advertiser |
| Date of first public printing | September 19, 1787 |
| Date of ratification of 9th state | June 21, 1788 |
| Date Articles of Confederation ratified | March 1, 1781 |
| Political philosophers who influenced the Constitution | Montesquieu, Locke, Edward Coke, William Blackstone, Hume, Magna Carta |
| Other influences | Iroquois Confederacy political concepts and ideas |
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What You'll Learn
The Articles of Confederation
The delegates realized that the Articles were a flawed compromise, but they believed that it was better than an absence of formal national government. The final draft of the Articles of Confederation was completed on November 15, 1777, and it was submitted to the states for ratification in late November 1777. The first state to ratify was Virginia on December 16, 1777. 12 states had ratified the Articles by February 1779, 14 months into the process. Maryland was the last remaining holdout, and it finally ratified the Articles on February 2, 1781. On March 1, 1781, the Congress of the Confederation came into being.
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The Constitutional Convention
Alexander Hamilton helped convince Congress to organize a Grand Convention of state delegates to revise the Articles. The convention was intended to "render the federal constitution adequate to the exigencies of government and the preservation of the Union". On February 21, 1787, the Confederation Congress called for a convention of state delegates, which was initially scheduled for May 14, 1787, but due to a lack of quorum, it was postponed until May 25. Eventually, 12 states were represented, with Rhode Island refusing to participate.
On September 17, 1787, 38 delegates signed the Constitution, with George Reed signing on behalf of the absent John Dickinson of Delaware, bringing the total to 39 signatures. The Constitution then needed to be ratified by the people through a process established in Article VII, which required the ratification of nine out of the 13 states. The original signed, handwritten Constitution is kept at the National Archives in Washington, D.C.
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The Federalists and the Anti-Federalists
The Anti-Federalists, led by Patrick Henry of Virginia, opposed the creation of a strong federal government and the ratification of the Constitution. They argued that the Constitution would lead to a loss of individual liberties, an erosion of state sovereignty, and the potential rise of tyranny. They believed that a large central government would not adequately represent the interests of small towns and rural areas and that the position of president might evolve into a monarchy. The Anti-Federalists wanted a more decentralized form of government with stronger state representation and protections for individual rights.
The Federalists and Anti-Federalists had complex and differing beliefs. The Federalists' views could be described as nationalist, while the Anti-Federalists sought to protect states' rights and individual liberties. The Anti-Federalists never organized efficiently across all thirteen states, so they had to fight the ratification of the Constitution at every state convention. Their influence, however, led to the enactment of the Bill of Rights, which guaranteed specific liberties and reinforced the reservation of powers to the states or the people.
The Federalists and Anti-Federalists continue to shape American political discourse, with modern interpretations of their ideas influencing debates on the role of government, individual freedoms, and states' rights. The ratification of the US Constitution, despite their differences, stands as an extraordinary achievement, creating one of the longest-lived and most emulated constitutions globally.
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Ratification
The US Constitution was written and signed in 1787, but it did not come into effect immediately. It needed to be ratified by the people through a process outlined in Article VII, which stated: "The Ratification of the Conventions of nine States, shall be sufficient for the Establishment of this Constitution between the States so ratifying the Same."
The founders set the terms for ratifying the Constitution, bypassing the state legislatures and calling for special ratifying conventions in each state. This was because they believed that state legislature members would be reluctant to give up power to a national government. Ratification by 9 of the 13 states was required to enact the new government.
The ratification campaign was a closely fought affair. The Federalists, who believed in the necessity of a strong central government, needed to convert at least three states. The Anti-Federalists, on the other hand, opposed the Constitution as it created a powerful central government that reminded them of the one they had overthrown, and because it lacked a bill of rights. The tide turned in Massachusetts, where the "vote now, amend later" compromise helped secure victory, eventually leading to success in the final holdout states.
On June 21, 1788, New Hampshire became the ninth state to ratify the Constitution. It took nearly four years for all thirteen states to ratify the document, with Maryland being the last to do so on March 1, 1781. The Constitution continues to be the supreme law of the land and is one of the longest-lived and most emulated constitutions in the world.
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The Supreme Court
Article III, Section I of the US Constitution establishes the federal judiciary, with the judicial power of the United States "vested in one supreme Court". This article also permits Congress to decide how to organise the Supreme Court, which it first did in the Judiciary Act of 1789. This act established a Supreme Court with six justices, as well as a lower federal court system.
Criticisms of the Supreme Court include its high profile and the ability to unilaterally strike down legislation, the politicised nominating process, and the lack of term limits or mandatory retirements for justices.
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Frequently asked questions
A few years after the Revolutionary War, James Madison, Alexander Hamilton, and George Washington feared that their young country was on the brink of collapse. 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. This led to disputes between the states over territory, war pensions, taxation, and trade, threatening to tear the country apart.
The Constitutional Convention, also known as the Philadelphia Convention, was a gathering of state delegates in Philadelphia in 1787 to revise the Articles of Confederation. The convention was conducted under an oath of secrecy and resulted in the drafting of the United States Constitution.
One of the main debates during the Constitutional Convention was the balance of power between the states and a central government. The Federalists supported a strong central government, while the Anti-Federalists opposed it due to concerns about centralized power. Another major issue was the method of electing the executive, which led to the creation of the electoral college.
After the Constitution was written, it had to be ratified by the states. By January 9, 1788, five states had approved the Constitution, but several pivotal states remained uncertain. The Federalists agreed to recommend amendments, including a bill of rights, which helped secure ratification in Massachusetts and eventually, the required nine out of thirteen states. The Constitution came into effect on March 4, 1789, establishing a new government.
