Malcolm Rivera
The Framers of the American Constitution were visionaries who sought to address the challenges facing the nation during their lifetimes and establish foundational principles that would guide the new nation into an uncertain future. They designed the Constitution to endure, defining fundamental freedoms and governmental powers in general terms. The Framers, including George Washington, James Madison, Alexander Hamilton, and Benjamin Franklin, recognized the imperfections of majority rule and entrusted future generations with the responsibility to interpret and give concrete meaning to the Constitution's broad principles. While most Framers argued for the adoption of the Constitution, there were conflicting viewpoints, with some refusing to sign the document due to serious reservations. The Framers agreed on 12 amendments consistent with the original Constitution, but there were differing opinions on the inclusion of a bill of rights.
| Characteristics | Values |
|---|---|
| Number of individuals appointed by the original states | 70 |
| Number of delegates who attended the sessions | 55 |
| Number of delegates who signed the Constitution | 39 |
| Age range of the delegates | 26-81 |
| Number of amendments agreed upon by the Conference Committee | 12 |
| Number of Representatives who were members of the First Congress | 19 |
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What You'll Learn
The need for a general government
The framers of the US Constitution were visionaries who designed a constitution that would endure. They sought to address the challenges facing the nation during their lifetimes and establish foundational principles that would sustain and guide the new nation into an uncertain future.
One of the key points of agreement among the framers was the need for a general government. While there were differing opinions and reservations about certain parts of the Constitution, the majority of delegates argued for its adoption, recognizing the importance of a centralized governing body.
One of the framers, George Mason, who refused to sign the Constitution, acknowledged the necessity of a general government in his statement:
> "I confess that there are several parts of this Constitution which I do not at present approve.... [But] the older I grow, the more apt I am to doubt my own judgment, and to pay more respect to the judgment of others.... In these sentiments...I agree with this Constitution with all its faults, if they are such; because I think a general Government necessary for us... [and] I doubt...whether any other Convention we can obtain, may be able to make a better Constitution."
Alexander Hamilton, another framer, also emphasized the importance of a general government, stating:
> "...every member [of the convention] should sign. A few characters of consequence, by opposing or even refusing to sign the Constitution, might do infinite mischief.... No man's ideas were more remote from the plan than [mine are] known to be; but is it possible to deliberate between anarchy... on one side, and the chance of good to be expected from the plan on the other?"
The framers understood that a general government was necessary to address the specific challenges facing the nation and to establish foundational principles. They recognized that while majority rule was the best system of government, it was not perfect, and courts must generally defer to the preferences of the majority while also guarding against arbitrary or unreasonable actions.
In conclusion, the framers of the Constitution agreed on the need for a general government, even if they had differing opinions on certain aspects of the document. They understood the importance of establishing a centralized governing body to address the nation's challenges and guide its future.
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Freedom of speech
The First Amendment of the US Constitution, ratified on December 15, 1791, guarantees the freedom of speech. This amendment states that "Congress shall make no law [...] abridging the freedom of speech, or of the press."
The freedom of speech is a fundamental human right that allows individuals to express themselves without fear of government censorship or retaliation. It is a cornerstone of democracy, enabling open debate, the exchange of ideas, and the free flow of information.
The framers of the Constitution recognized the importance of freedom of speech and included it in the Bill of Rights to protect the rights of citizens and ensure a free and open society. The First Amendment not only protects spoken and written words but also symbolic speech, such as peaceful assemblies and petitions to the government.
However, it is important to note that the right to freedom of speech is not absolute. While individuals have the right to express themselves, this right does not extend to speech that incites imminent lawless action, causes a clear and present danger, or defames others. Additionally, the government may impose reasonable restrictions on the time, place, and manner of speech to protect public safety and order.
The framers of the Constitution, such as George Mason and Benjamin Franklin, had conflicting opinions about the Constitution. While most delegates argued for its adoption, many had reservations about certain parts of it. Despite these differences, the framers agreed on the importance of freedom of speech and its inclusion in the Bill of Rights, ensuring that it would be protected for generations to come.
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Due process of law
The framers of the US Constitution were appointed by the original states (except Rhode Island, which did not send any delegates) and included prominent figures such as George Washington, James Madison, and Alexander Hamilton. Many of the framers had differing views on the Constitution, and while most argued for its adoption, several had serious reservations about parts of it. Three framers refused to sign the document, including George Mason.
The idea of 'due process of law' is found in the Fifth Amendment to the US Constitution, which states that no one shall be "deprived of life, liberty, or property without due process of law" by the federal government. This amendment outlines several procedures that must be followed, such as the right to a jury trial, which are rights that are well understood by lawyers and courts. The Fourteenth Amendment, ratified in 1868, includes the same clause, extending this obligation to the states. This amendment further ensures that all levels of the American government must operate within the law and provide fair procedures.
The Due Process Clause of the Fourteenth Amendment has been interpreted to impose on the states many of the Bill of Rights' limitations, a doctrine known as incorporation against the states through the Due Process Clause. This has been the basis for many high-profile Supreme Court cases, including Citizens United v. FEC (2010) and McDonald v. Chicago (2010).
The most controversial aspect of due process is "substantive due process," which has long been a source of political debate. This doctrine protects rights not specifically listed in the Constitution, such as the right to direct the education of one's children, the right to procreate, and the right to marry. While the Supreme Court has grappled with defining these rights, there is little support for them in the constitutional text.
The concept of due process also applies to corporations, which are considered 'persons' within the meaning of the equal protection and due process of law clauses. For example, in First Nat’l Bank of Boston v. Bellotti (1978), the Court decided that expression was protected, regardless of the speaker, due to the interests of the listeners.
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Freedom of religion
The framers of the US Constitution agreed on the importance of freedom of religion, which is protected by the First Amendment. This amendment enforces the "separation of church and state", preventing the federal government from establishing a national religion or impeding citizens' free exercise of religion. The First Amendment also prohibits the use of religious tests as qualifications for public office, breaking with European tradition by allowing people of any faith or no faith to serve.
The inclusion of freedom of religion in the Constitution was influenced by the Virginia Ratifying Convention, which included large numbers of Baptists who expected their representative, James Madison, to push for a bill of rights. Madison, who would become the fourth US president, had previously argued against state support for Christian religious instruction and drafted the First Amendment as part of the Bill of Rights. In his notes for a speech introducing the Bill of Rights on June 8, 1789, Madison proposed an amendment to protect religious freedom, stating that "the civil rights of none shall be abridged on account of religious belief or worship, nor shall any national religion be established, nor shall the full and equal rights of conscience be in any manner, or on any pretext infringed."
The First Amendment was adopted on December 15, 1791, and ratified by the requisite three-fourths of the states, becoming one of the first ten amendments to the Constitution. While the Constitution itself makes only a brief mention of religion, the First Amendment explicitly addresses it, stating that "Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof." This amendment established a clear separation between church and state, ensuring that the federal government could not use its power to promote or inhibit any particular religion.
The framers of the Constitution had various reasons for including freedom of religion. Firstly, many of the delegates were committed federalists who believed that the power to legislate on religion lay within the domain of state governments rather than the national government. Secondly, they recognized that religion was a politically controversial issue and deliberately chose to exclude it from the Constitution to avoid potential criticism and controversy. Additionally, the framers wanted to prevent religious discrimination in eligibility for public office and ensure that people of all faiths or no faith could serve.
While the framers agreed on the importance of freedom of religion, there were differing opinions on the role of religion in government. The first two US presidents, George Washington and John Adams, offered strong rhetorical support for religion. Washington, in his Farewell Address of September 1796, called religion "a necessary spring of popular government," while Adams asserted that "Religion and Morality alone, which can establish the Principles upon which Freedom can securely stand." However, subsequent presidents like Thomas Jefferson and James Madison are considered less hospitable to religion, with Madison opposing a "national" religion and advocating for a separation of church and state.
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Majority rule as the best system of government
The framers of the US Constitution had differing opinions on the best system of government, with some advocating for majority rule, and others against it. Majority rule is a system where the option or candidate that receives the most votes is the winner. In the context of government, it means that the choice of the largest number of voters is elected into power. This is in contrast to a dictatorship, where one person makes all the decisions, or a consensus, where everyone must agree.
Majority rule is often associated with democracy, where citizens have a voice at the ballot box. However, it is important to note that in practice, the principle of majority rule can sometimes silence minority voices. Throughout history, lack of minority representation in government has, at times, allowed the majority to abuse the rights of minorities.
Advocates of majority rule argue that it is a practical way of handling differences and making decisions. By requiring only the agreement of more than half of the participants, majority rule allows for quicker decision-making than consensus, which requires the agreement of everyone. Additionally, majority rule encourages compromise and participation, as minority factions may be incentivized to build coalitions to forward their preferred proposals.
However, critics of majority rule caution that it may not always protect the rights of minority groups. In the United States, there have been instances where the lack of minority representation in government has led to the abuse of minority rights, such as the passage of laws restricting the rights of racial minorities or discriminating against sexual minorities.
Overall, while majority rule is a fundamental aspect of democratic governance, it is important to recognize its limitations and potential pitfalls. Ensuring the protection of minority rights and promoting inclusive representation remain essential considerations in the implementation of majority rule.
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Frequently asked questions
The Constitutional Convention was a gathering of 55 delegates, who were appointed by the original states (except Rhode Island) to discuss the Constitution.
The Framers of the Constitution agreed on foundational principles that would sustain and guide the new nation into an uncertain future. They also agreed on 12 amendments that were consistent with the original Constitution.
The Framers agreed on principles such as "freedom of speech", "due process of law", "free exercise" of religion, "equal protection of the laws", and "cruel and unusual punishment".
There were several disagreements among the Framers. For example, some wanted a bill of rights included in the Constitution, while others did not. Some also had reservations about certain parts of the Constitution and refused to sign the document.
The Framers' disagreements led to a debate about the interpretation of the Constitution and the role of the federal government. These disagreements continue to shape American politics and constitutional law today.
