Jonah Patel
The United States Constitution, which was ratified on June 21, 1788, is one of the oldest in the world and has been amended 27 times. However, it is not the oldest. The Constitution of San Marino dates back to 1600 and has been in continuous use since then. The Kingdom of Denmark's Constitutional Act, which dates back to 1849, is also older than the US Constitution. Canada's constitution was written in 1867, and Belgium's dates back to around 1814 or 1815. The US Constitution was also preceded by America's first constitution, the Articles of Confederation, which was ratified in 1781.
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What You'll Learn
The Articles of Confederation
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 due to disputes over territory, war pensions, taxation, and trade. Alexander Hamilton helped convince Congress to organize a Grand Convention of state delegates to work on revising the Articles of Confederation, and the Constitutional Convention assembled in Philadelphia in May 1787. On September 17, 1787, 38 delegates signed the new US Constitution, creating a powerful central government.
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The Federalists
The US Constitution, which came into force in 1789, superseded the Articles of Confederation, the nation's first constitution. 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, or print money. The disputes between the states over territory, war pensions, taxation, and trade threatened to tear the young country apart.
The supporters of the proposed Constitution called themselves "Federalists". The Federalists believed that a strong central government was necessary to face the nation’s challenges. They were well-organised, well-funded, and made careful use of the printed word. Most newspapers supported the Federalists' political plan and published articles and pamphlets to explain why the people should approve the Constitution. The Federalists included some of the most talented leaders of the era, such as Benjamin Franklin and George Washington.
The Anti-Federalists fought hard against the Constitution because it created a powerful central government that reminded them of the one they had just overthrown, and it lacked a bill of rights. They argued that in a republic embracing a large area, the government would be impersonal, unrepresentative, dominated by men of wealth, and oppressive of the poor and working classes.
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The Anti-Federalists
In their journey to protect the interests of rural areas and farmers, the Anti-Federalists believed that the Constitution, as written, would be oppressive. They believed that the Constitution needed a Bill of Rights, and that it provided insufficient rights in the courts (e.g. no guarantee of juries in civil cases, nor that criminal case juries be local) and would create an out-of-control judiciary. They also believed that the national government would be too far away from the people and thus unresponsive to the needs of localities. The Anti-Federalists also believed that the federal government's powers to tax provided by the Constitution could be used to exploit citizens and weaken the power of the states.
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The Constitutional Convention
The United States Constitution is the supreme law of the United States of America. It superseded the Articles of Confederation, the nation's first constitution, on March 4, 1789. The Constitutional Convention, also known as the Federal Convention, the Philadelphia Convention, or the Grand Convention, took place in Philadelphia from May 25 to September 17, 1787. The convention was assembled to address the problems of the weak central government that existed under the Articles of Confederation, which gave the Confederation Congress the power to make rules and request funds from the states, but it lacked enforcement powers, the ability to regulate commerce, or print money.
The delegates to the convention, including James Madison of Virginia, Alexander Hamilton of New York, and George Washington of Virginia, sought to create a new system of government with a stronger central government. They elected George Washington, a proponent of a stronger national government, to serve as President of the convention. The convention debated and ratified the Constitution of the United States, establishing a federal government with more specific powers, including those related to conducting relations with foreign governments. The convention created a model of government that relied on a series of checks and balances by dividing federal authority between the legislative, judicial, and executive branches.
The delegates debated several key issues, including the role of the executive, slavery, and the insertion of a bill of rights. The convention ultimately resulted in the creation of a powerful central government, which was a concern for some who felt it resembled the one they had just overthrown. The Constitution was ratified in 1789 and has served as the basis of the United States Government since then. It has been amended several times, including the Sixteenth Amendment, which gave Congress the authority to levy an income tax, and the Twenty-first Amendment, which prohibited the importation of slaves into the country.
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The US Constitution's influence
The US Constitution, signed on September 17, 1787, has had a profound influence on the history of ideas and legal thinking worldwide. It is considered one of the longest-lived and most emulated constitutions globally. The US Constitution has influenced the constitutions of many countries, including Japan, India, and Latin American countries, particularly in the early 19th century.
The US Constitution's impact can be seen in similarities of phrasing and borrowed passages in other constitutions, as well as in the adoption of certain principles. For example, the US Constitution's concepts of a written constitution, a presidential system of government, the right to bear arms, and the prevention of quartering soldiers during wartime have been emulated by other nations. Additionally, the ideas of federalism and separation of powers, with the federal government divided into the legislative, executive, and judicial branches, have been influential in other countries' constitutions.
The US Constitution's amendment process has also been significant. The Constitution is a living document that can be amended with enough support from the people and ratification by the states. This has influenced other nations considering the possibilities for their constitutional future. For example, Abraham Lincoln during the American Civil War, Benito Juárez of Mexico, José Rizal of the Philippines, and Sun Yat-sen of China were all influenced by the American experience of constitutional amendment and judicial review.
However, the influence of the US Constitution has been waning in recent decades. Since the 1980s, many countries have created new constitutions or updated older ones, and it has been argued that the US Constitution guarantees relatively few rights compared to other countries' constitutions. It has also been criticized for lacking a bill of rights and for its difficulty in being amended. Despite this, the US Constitution continues to have worldwide influence, and its impact on legal thinking and democratic ideals remains significant.
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Frequently asked questions
Many countries created constitutions before the US, including Belgium, Canada, Denmark, Guatemala, Mexico, and San Marino.
The US Constitution was ratified on June 21, 1788.
The US Constitution has been amended 27 times.
The Articles of Confederation gave the Confederation Congress the power to make rules and request funds from the states, but it lacked enforcement powers, couldn't regulate commerce, and couldn't print money.
The constitutions of Guatemala and Mexico are similar to the US Constitution in that they contain the right to keep and bear arms.
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