Simone Lawson
The United States Constitution was written in 1787, but what documents were consulted before its drafting? The Articles of Confederation, America's first constitution, was a key source. It established a weak central government, giving the Confederation Congress rule-making and funding powers but no enforcement or commerce regulation abilities. Divisions over territory, war pensions, taxation, and trade threatened the young nation's stability. Nationalists like James Madison, George Washington, and Alexander Hamilton sought a stronger federal government. Madison's plan for a new, centralized government initiated the Constitutional Convention in Philadelphia, where delegates debated, compromised, and crafted the final Constitution. Thomas Jefferson's notes on the Continental Congress and Washington's letters also influenced the process. The final draft, with input from Hamilton, Madison, and others, introduced a new form of government, bypassing state legislatures and requiring ratification by nine of the 13 states.
| Characteristics | Values |
|---|---|
| First constitution of the United States | Articles of Confederation |
| Declaration of Independence | |
| Magna Carta | |
| Virginia Declaration of Rights of 1776 | |
| English Bill of Rights |
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What You'll Learn
The Articles of Confederation
Despite the Articles of Confederation establishing a central government, disputes between the states over territory, war pensions, taxation, and trade threatened to tear the young nation apart. The central government was unable to prevent states from pursuing independent policies, such as Georgia's actions regarding Spanish Florida, which included occupying disputed territories and threatening war. The government also struggled to address issues like Shays' Rebellion in Massachusetts. These challenges, along with weaknesses in foreign policy demonstrated by treaties with Spain and the inability to compel the British army to leave American soil, highlighted the need for a stronger central government.
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The Declaration of Independence
Thomas Jefferson, the primary author of the Declaration of Independence, was strongly influenced by the Virginia Declaration of Rights, which later provided the foundation for the Bill of Rights. The Virginia Declaration of Rights, written by George Mason in June 1776, asserted that "all men are created equally free and independent" and outlined a set of individual rights and liberties.
Jefferson's other immediate source was his own draft of the preamble of the Constitution of Virginia, also written in June 1776. Ideas and phrases from both of these documents appear in the Declaration of Independence. Additionally, historian David Armitage argues that the Declaration was influenced by de Vattel's "The Law of Nations," the dominant international law treatise of the period. Benjamin Franklin, one of the signatories of the Declaration, affirmed that this book was "continually in the hands of the members of our Congress."
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The Federalist Papers
The primary purpose of The Federalist Papers was to promote the ratification of the Constitution of the United States. At the time, there was criticism of the proposed Constitution, known as the "Anti-Federalist Papers". Alexander Hamilton, who had played a key role in convincing Congress to revise the existing Articles of Confederation, decided to respond to these criticisms and explain the proposed Constitution to the people of New York.
The essays in The Federalist Papers provided a detailed explanation of the provisions of the Constitution and lobbied for its adoption over the Articles of Confederation. Hamilton, Madison, and Jay published the essays rapidly, sometimes releasing three to four new essays in a single week. This quick pace ""overwhelmed" any potential responses, as noted by Garry Wills.
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Letters between Madison and Washington
In the years leading up to the writing of the United States Constitution, several documents were consulted, including the Articles of Confederation, the Declaration of Independence, and the notes and letters of key figures such as Thomas Jefferson, John Adams, and Benjamin Franklin. One particular set of correspondence that offers insight into this period is the letters exchanged between James Madison and George Washington.
Madison and Washington, along with Alexander Hamilton, shared a concern for the young nation's stability, believing it to be on the brink of collapse due to the weaknesses of the Articles of Confederation. The letters between Madison and Washington provide a glimpse into their thoughts and efforts to strengthen the federal government and address the challenges facing the country.
In a letter dated December 9, 1785, Madison and Washington discussed the idea of creating a stronger national government. They contemplated the possibility of a successful "meeting of Politico-Commercial Commssrs. from all states," recognizing that the time might not be right until the confederation government faced further challenges. This exchange highlights their strategic thinking and awareness of the political climate.
Another letter, penned by Madison on April 16, 1787, addressed the upcoming Constitutional Convention in Philadelphia. In this letter, Madison emphasized the importance of a national executive and the need to guarantee the tranquillity of the states against internal and external dangers. He also discussed the concept of national supremacy and its extension to the judiciary departments, suggesting that judges should be bound by oaths to both the general and local constitutions.
The letters between Madison and Washington also reveal their thoughts on the role of the national government in maintaining unity. In one exchange, they discussed the idea of inserting an article that expressly guaranteed the right of coercion for the national administration. Madison proposed that the negative on the laws could create a mutual dependency between the general and particular authorities, potentially preventing the need for forceful action against a state's collective will.
The correspondence between Madison and Washington showcases their active participation in shaping the nation's future. Their letters provide valuable insights into the concerns, strategies, and discussions that laid the groundwork for the United States Constitution, reflecting their dedication to creating a stronger and more unified nation.
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Benjamin Franklin's Plan for a Confederation
Franklin's plan built upon earlier efforts, such as the Albany Plan, which he had proposed to friends and colleagues as a voluntary union for the colonies. This plan, published in his newspaper, "The Pennsylvania Gazette," included the famous political cartoon "Join or Die," emphasizing the importance of union among the colonies. Franklin's ideas for a colonial union were well-received by many colonial leaders, but they faced resistance from colonial governments concerned about a loss of authority and territorial rights.
The Proposed Articles of Confederation, dated on or before July 21, 1775, were a significant step forward. Franklin showed his draft articles to Thomas Jefferson and others, receiving a mix of approval and disapproval. His plan appealed to those who had given up on reconciliation with Britain and sought bold action. Franklin's international experience and prominence among intellectuals contributed to his appointment as one of the Continental Congress's first ministers to France.
Franklin's Plan for a Confederation addressed the need for a centralized government and the resolution of disputes between the colonies. The Albany Plan, which was part of this, proposed a unified government with a Grand Council that would have greater authority relative to royal colonial governors, addressing the issue of unpopular policies imposed on the colonies. Franklin's ideas, along with those of James Madison, Alexander Hamilton, and George Washington, helped shape the Constitutional Convention that assembled in Philadelphia in May 1787, leading to the creation of a powerful central government and a framework to address the disputes threatening to tear the young country apart.
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Frequently asked questions
The Articles of Confederation, adopted by the Continental Congress on November 15, 1777, was the first constitution of the United States.
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. This led to disputes over territory, war pensions, taxation, and trade, threatening to tear the young country apart.
The Constitutional Convention was convened to revise the Articles of Confederation and create a stronger national government. The convention was a four-month process of secret argument, debate, and compromise that resulted in the creation of the Constitution of the United States.
The key figures involved in the writing of the Constitution included James Madison, Alexander Hamilton, George Washington, Benjamin Franklin, John Jay, and James Wilson.
