Eleanor Finch
A new constitution is often the result of a country's need to address pressing issues and adapt to changing circumstances. In the case of the United States, the creation of the Constitution was prompted by concerns about the Articles of Confederation, which gave the Confederation Congress rule-making and funding powers but lacked enforcement and regulatory capabilities. Divisions among states over territory, war pensions, taxation, and trade threatened the country's stability, leading to the Constitutional Convention of 1787. This convention, initially aimed at revising the Articles, ultimately drafted a new Constitution with a stronger national government, bypassing state legislatures and seeking ratification directly from the people.
| Characteristics | Values |
|---|---|
| Date of the Constitutional Convention | May 1787 |
| Purpose | To revise the Articles of Confederation, which were seen as too weak and lacking in enforcement powers |
| Key figures | James Madison, Alexander Hamilton, George Washington, John Jay, James Wilson, Benjamin Franklin, Thomas Jefferson |
| Outcome | A new Constitution with a stronger central government, bypassing the state legislatures |
| Ratification | Ratified by 11 states, with 9 needed for the new Constitution to go into effect |
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What You'll Learn
A weak central government
The United States Constitution was signed on September 17, 1787, by 38 delegates, with George Reed signing on behalf of John Dickinson of Delaware, bringing the total number of signatures to 39. The delegates were tasked with revising the existing government, but they ended up creating a new government with a powerful central government.
The creation of the new constitution was prompted by concerns about the Articles of Confederation, which gave the Confederation Congress rule-making powers and allowed them to request funds from the states, but it lacked enforcement powers, the ability to regulate commerce, and the authority to print money. The disputes among the states over territory, war pensions, taxation, and trade threatened to tear the young nation apart.
The Articles of Confederation, adopted by the Continental Congress on November 15, 1777, and ratified by the states on March 1, 1781, established a loose confederation of sovereign states and a weak central government. The power was largely vested in the state governments. Once the rationale of wartime necessity faded, the weaknesses of the Articles of Confederation became evident, and divisions among the states and local rebellions threatened the stability of the nation.
Nationalists, led by James Madison, George Washington, Alexander Hamilton, John Jay, and James Wilson, recognized the need to strengthen the federal government. They worked towards revising the Articles of Confederation and convened the Constitutional Convention in Philadelphia in May 1787. The convention, which included delegates with diverse interests and views, resulted in the creation of a new constitution with a stronger central government.
The delegates to the convention, wary of centralized power and loyal to their states, crafted compromises and a constitution that has endured and been emulated worldwide. They bypassed state legislatures, recognizing that their members would be reluctant to cede power to a national government. Instead, they called for special ratifying conventions in each state, and ratification by nine of the thirteen states enacted the new government.
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Divisions among states
Divisions among the states threatened to destroy the fruits of the American Revolution. 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 among the states over territory, war pensions, taxation, and trade.
Nationalists, led by James Madison, George Washington, Alexander Hamilton, John Jay, and James Wilson, began working toward strengthening the federal government. They believed that a new constitution should be ratified through conventions of the people and not by Congress or state legislatures, as they knew that many state political leaders stood to lose power and that ratification by the people was more likely.
The Constitutional Convention of 1787 was called to revise the ailing Articles of Confederation, but the Convention soon abandoned the Articles, drafting a new Constitution with a much stronger national government. The delegates, representing wildly different interests and views, crafted compromises. They were wary about centralized power and loyal to their states, so they created a powerful central government.
After five weeks of debate, the Constitutional Convention appointed a committee to prepare a final version of the Constitution. On September 17, 1787, the Constitutional Convention voted in favor of the Constitution, and the states were left to accept or reject the new plan of government. Ratification by nine of the thirteen states enacted the new government.
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Lack of enforcement powers
A lack of enforcement powers is a significant condition that prompted the creation of a new constitution. The Articles of Confederation, America's first constitution, gave the Confederation Congress the authority to make rules and request funds from the states, but it lacked enforcement powers, the ability to regulate commerce, or print money. This meant that the central government was weak, and power remained largely with the state governments.
The lack of enforcement powers had far-reaching consequences. The young nation faced disputes among the states over territory, war pensions, taxation, and trade, threatening to tear the country apart. Recognizing the dire situation, prominent figures such as James Madison, Alexander Hamilton, and George Washington feared their country was on the brink of collapse.
To address these issues, Alexander Hamilton played a pivotal role in convincing Congress to organize a Grand Convention of state delegates to revise the Articles of Confederation. This convention, known as the Constitutional Convention, assembled in Philadelphia in May 1787. The delegates, representing diverse interests and views, engaged in fierce debates over the structure and powers of a new federal government.
The Constitutional Convention ultimately abandoned the Articles of Confederation and drafted a new Constitution, establishing a much stronger national government. This new Constitution granted Congress exclusive power over commerce and outlined punishments for poor attendance by members of Congress. The delegates, wary of centralized power and loyal to their states, crafted compromises to balance the interests of all parties involved.
The creation of the new Constitution marked a significant shift in the country's governance, setting the terms for a powerful central government while bypassing the state legislatures during the ratification process. This new Constitution, with its enhanced enforcement powers, laid the foundation for a more unified and stable nation, addressing the concerns arising from the lack of enforcement powers in the previous Articles of Confederation.
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No power to regulate commerce
The United States Constitution was signed on September 17, 1787, by 38 delegates, with George Reed signing on behalf of John Dickinson of Delaware, 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. The Continental Congress had previously adopted the Articles of Confederation, the first constitution of the United States, on November 15, 1777, but it had some critical flaws.
One of the main issues with the Articles of Confederation was that it gave the Confederation Congress the power to make rules and request funds from the states, but it lacked enforcement powers and could not regulate commerce or print money. This inability to regulate commerce among the states was a significant concern. The states' disputes over territory, war pensions, taxation, and trade threatened to tear the young nation apart. The Articles created a loose confederation of sovereign states, leaving a weak central government with limited power to address these issues.
Alexander Hamilton played a crucial role in convincing Congress to organize a Grand Convention of state delegates to work on revising the Articles of Confederation. The Constitutional Convention, also known as the Philadelphia Convention, assembled in May 1787 to address these issues. The convention was initially called to revise the ailing Articles of Confederation, but the delegates soon abandoned those efforts and drafted a new Constitution with a much stronger national government.
During the Constitutional Convention, Charles Pinckney of South Carolina proposed granting Congress exclusive power over commerce. This proposal was in direct response to the shortcomings of the Articles of Confederation, which had failed to address interstate commerce effectively. The delegates recognized that a strong central government with the power to regulate commerce was necessary to resolve disputes among the states and promote economic unity.
The final version of the Constitution, crafted by the committee of style and completed on September 17, 1787, included a powerful central government with the authority to regulate commerce. This new plan of government addressed the issues that had plagued the young nation under the Articles of Confederation. The states were left to accept or reject this new Constitution, and on July 2, 1788, Congress received the news that New Hampshire had become the ninth state to ratify it, making it the law of the land.
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No power to print money
The United States Constitution, signed on September 17, 1787, was created as a revision of the existing government, which was considered to be 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, and couldn't print money.
The lack of power to print money was a significant issue, as it meant that the government had to rely on other means to fund its operations. This included issuing paper currency, essentially IOUs from the government, during the Civil War. The Second Legal Tender Act of 1862 authorized the Treasury Secretary to print these notes, which were called "Demand Notes" as they could be redeemed for coins at certain Treasury facilities.
The issue of whether the government had the power to issue paper money and use it as legal tender for debts was later challenged in the 1869 Supreme Court case Hepburn v. Griswold. Chief Justice Salmon P. Chase ruled that while Congress had the power to issue paper money, it could not be used as legal tender for pre-existing debts, as this would violate the Due Process Clause of the Fifth Amendment.
However, in the Legal Tender Cases of 1871, the Supreme Court overruled the previous decision and affirmed the constitutionality of paper money. The Court held that United States Notes could be used to repay pre-existing debts, despite the objections of originalists who argued that the Framers intended to prohibit paper money.
The power to emit paper money has been justified by invoking the Necessary and Proper Clause in combination with the power to borrow money granted to Congress in Article I, Section 8 of the Constitution. Nevertheless, the debate over the legality and appropriateness of paper money and the role of the government in its issuance has been a significant one in the history of the United States Constitution.
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Frequently asked questions
The United States Constitution was created in 1787 to replace the Articles of Confederation, which 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 young country apart.
The Constitutional Convention of 1787 was attended by 38 delegates, including George Washington, James Madison, and Alexander Hamilton. Edmund Randolph of Virginia wrote the first draft, which was then revised by James Wilson. Gouverneur Morris, later known as the "penman of the Constitution," did most of the work on the final version.
The Constitutional Convention met in Philadelphia in May of 1787 and debated the structure and powers of a new federal government for two months. They then appointed a "`committee of detail'" to draft a written constitution, adjourning until August 6. After five weeks of debate over the committee's draft, the Convention appointed a committee of style to prepare a final version. On September 17, 1787, the Constitutional Convention voted in favor of the new constitution.
The new constitution created a powerful central government, addressing the weaknesses of the Articles of Confederation, which had left most of the power with the state governments. Nine states needed to ratify the new constitution for it to go into effect, and on July 2, 1788, Congress received the news that New Hampshire had become the ninth state to do so. The new constitution instituted a new form of government for the United States.
