Simone Lawson
The Framers of the Constitution, also known as the Founding Fathers, were the 55 delegates who attended the Constitutional Convention in Philadelphia in 1787. These visionaries drafted a new constitution to replace the Articles of Confederation, establishing the foundational principles that would sustain and guide the new nation into an uncertain future. Notable Framers include George Washington, Benjamin Franklin, James Madison, Alexander Hamilton, and Thomas Jefferson.
| Characteristics | Values |
|---|---|
| Number of framers | 55 |
| Age range | 26 (Jonathan Dayton) to 81 (Benjamin Franklin) |
| Average age | 42 |
| Other names | Founding Fathers, delegates |
| Notable framers | George Washington, James Madison, Alexander Hamilton, James Wilson, Gouverneur Morris, Edmond Randolph, Roger Sherman, George Mason, Elbridge Gerry, Benjamin Franklin |
| Achievements | Established foundational principles to guide the new nation, defined fundamental freedoms, set forth governmental powers |
| Interpretation | Requires judges to exercise judgment, consider text, history, precedent, values, changing social, economic, technological, and cultural conditions, and practical realities of the times |
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What You'll Learn
The 55 delegates
The Framers of the Constitution, also known as the Founding Fathers, were the 55 delegates who attended the Constitutional Convention in Philadelphia in 1787. The delegates were tasked with revising the Articles of Confederation, but instead drafted a new constitution. The delegates represented the original 13 states, except for Rhode Island, which did not send any delegates.
The Framers of the Constitution were visionaries who designed a framework for government that has endured for more than 200 years. They sought to address the specific challenges facing the new nation during their lifetimes, while also establishing foundational principles that would guide the country into an uncertain future. The text of the Constitution reflects this vision, defining fundamental freedoms and governmental powers in broad, general terms.
The Framers' understanding of judicial responsibility has influenced landmark Supreme Court decisions that have faithfully interpreted and applied the Constitution. These decisions have ended de jure racial segregation, recognized "one person, one vote," protected political dissenters, established the right to counsel for accused persons, and upheld the right to due process for "enemy combatants," among other achievements.
The Framers' legacy continues to shape American democracy and constitutional interpretation today, with judges exercising judgment and considering text, history, values, and changing social and economic conditions to uphold the principles enshrined in the Constitution.
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The Founding Fathers
The delegates to the Constitutional Convention ranged in age from 26-year-old Jonathan Dayton to 81-year-old Benjamin Franklin, with an average age of 42. Most of these men were prominent in their states, and some had played important roles in the Revolution. The Founding Fathers represented their respective states, including New Hampshire, Massachusetts, Connecticut, New York, New Jersey, Pennsylvania, Delaware, Maryland, Virginia, and North Carolina.
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The Constitutional Convention
The original states, except Rhode Island, collectively appointed 70 individuals to the convention, but only 55 delegates attended the sessions, and of those, only 39 signed the Constitution. The delegates ranged in age from 26-year-old Jonathan Dayton to 81-year-old Benjamin Franklin, who was so infirm that he had to be carried to sessions in a sedan chair.
Leading proponents of the convention included James Madison of Virginia and Alexander Hamilton of New York, who sought to create a new frame of government rather than revise the existing one. The delegates elected George Washington of Virginia, former commanding general of the Continental Army in the American Revolutionary War, 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 framers of the Constitution divided federal authority between the legislative, judicial, and executive branches of government, creating a system of checks and balances. They also debated the role of the executive, including issues such as how a president would be elected, the length of a presidential term, and what offenses should be impeachable.
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The Framers' vision
The Framers of the Constitution, also known as the Founding Fathers, were the 55 delegates who attended the Constitutional Convention sessions. They were appointed by the original states, except Rhode Island, which did not send any delegates. The delegates ranged in age from 26-year-old Jonathan Dayton to 81-year-old Benjamin Franklin.
This vision is reflected in the writings of several Framers, including Thomas Jefferson, James Madison, and Alexander Hamilton. In Federalist 78, Hamilton argued that constitutional protections and limitations could "be preserved in practice no other way than through the medium of courts of justice." Madison referred to these courts as "independent tribunals of justice" that would guard against malfunctions of majority governance.
Overall, the Framers' vision for the Constitution was to create a durable framework for government that recognised the importance of majority rule while also providing for judicial checks and balances to protect the rights of individuals and minorities.
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Interpreting the Constitution
The Framers of the Constitution, also known as the Founding Fathers, were the 55 delegates who attended the Constitutional Convention sessions, although only 39 signed the Constitution. These individuals were appointed by the original states, except Rhode Island, and included George Washington, Benjamin Franklin, and Thomas Jefferson.
The interpretation of the Constitution is a complex and nuanced process that involves examining various aspects and utilising different methods to determine the meaning and application of its provisions. Here are some key considerations in interpreting the Constitution:
Textual Analysis
Judges often start by examining the text of the Constitution and analysing the meaning of the words used. They consider the common understanding of those words at the time the provision was added to interpret them in their historical context. For example, the Second Amendment's text about the right to bear arms has prompted debate about whether it extends to all citizens or is related to service in a militia.
Historical Context
Judges may also delve into the historical context surrounding the drafting and ratification of a provision. This involves examining historical sources and the intentions of the Framers to shed light on the original meaning of the provision.
Structural Analysis
Another approach is to infer structural rules and power relationships between institutions based on the relationships outlined in the Constitution. This helps establish a framework for interpreting the document and understanding the distribution of powers.
Tradition and Precedent
Judges also consider laws, customs, and practices established after the framing and ratification of a provision. This includes examining past cases, precedents, and traditions to guide their interpretation and ensure consistency.
Natural Law and Morality
In some cases, judges may draw on principles of moral reasoning, whether from the natural law tradition or their own independent, present-day moral judgments. This introduces an element of subjectivity, as different judges may have varying moral compasses.
Judicial Review
The Supreme Court plays a crucial role in interpreting the Constitution through its power of judicial review. This power allows the Court to review the constitutionality of federal and state governmental actions, striking down those that are deemed unconstitutional. The Marbury v. Madison case in 1803 was a landmark moment in establishing this authority.
Balancing Consequences and Prudence
Judges also consider the consequences of their rulings and seek to balance costs and benefits. This involves reflecting on the limits of judicial power and competence and ensuring that rulings are practical and feasible.
The interpretation of the Constitution is a dynamic process that requires a deep understanding of history, law, and the complex interplay between different provisions and principles. Judges and legal scholars employ these methods to ensure that the interpretation remains faithful to the document's original intent while adapting to modern challenges and societal changes.
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Frequently asked questions
The 55 men who attended the Constitutional Convention in Philadelphia in 1787 and drafted a new constitution are called the Framers of the Constitution.
Notable framers of the constitution include George Washington, James Madison, Alexander Hamilton, James Wilson, Gouverneur Morris, Edmund Randolph, and Roger Sherman.
The framers of the constitution were tasked with revising the Articles of Confederation.
The constitution defines fundamental freedoms such as "freedom of speech," "due process of law," "free exercise" of religion," and "equal protection of the laws." It also sets forth governmental powers, such as Congress's ability to regulate "commerce among the several states."
