Isabella Carter
The US Constitution, written in 1787 and ratified in 1788, was preceded by several important documents that laid the foundation for the country's independence and governance. These include the Declaration of Independence, which proclaimed the separation of the American colonies from British rule and detailed the reasons for this decision, and the Articles of Confederation, which served as America's first constitution and gave the Confederation Congress rule-making and funding powers but lacked enforcement powers and the ability to regulate commerce or print money. The Federalist Papers, highly regarded by Thomas Jefferson, and the work of individuals such as George Washington, James Madison, and Alexander Hamilton, also contributed to the political landscape that led to the Constitution.
| Characteristics | Values |
|---|---|
| Date Written | 17 May 1787 |
| Date Ratified | 1788 |
| Date Operational | 1789 |
| Authors | James Madison, Alexander Hamilton, George Washington, and 35 other delegates |
| Purpose | To revise the Articles of Confederation, which gave the Confederation Congress the power to make rules and request funds from the states but had no enforcement powers, couldn't regulate commerce, and couldn't print money |
| Previous Documents | The Declaration of Independence, the Articles of Confederation |
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What You'll Learn
The Declaration of Independence
The creation of the Declaration of Independence was influenced by various sources and philosophical schools of thought. Historian David Armitage attributes its origins to de Vattel's "The Law of Nations," a dominant international law treatise that emphasised the importance of independence in defining statehood. Benjamin Franklin, a key figure in American history, acknowledged the influence of this treatise on Congress. The Declaration was also shaped by Jefferson's own draft of the preamble of the Constitution of Virginia, as well as George Mason's draft of the Virginia Declaration of Rights, both penned in June 1776.
The content of the Declaration of Independence reflected the deteriorating relations between the Thirteen Colonies and Great Britain, which had been ongoing since 1763. The British Parliament's enactment of revenue-raising measures, such as the Stamp Act of 1765 and the Townshend Acts, sparked disputes over taxation without direct representation in Parliament. This tax controversy highlighted a fundamental divergence in interpretations of the British Constitution and the extent of Parliament's authority in the colonies. The Declaration served as a powerful statement of the colonists' beliefs and aspirations, asserting their right to self-governance and independence from the British Crown.
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The Articles of Confederation
The limitations of the Articles of Confederation became increasingly apparent, especially after Shays's Rebellion, and several prominent political thinkers called for amendments to strengthen the central government. The Constitutional Convention assembled in Philadelphia in May 1787, with delegates from various states. Despite being tasked with revising the existing government, the delegates ultimately created a new form of government, drafting a new constitution that gave much more power to the central government.
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The Federalist Papers
At the time, there was significant debate over whether or not to adopt the new Constitution, with many people concerned about the potential loss of states' rights and the creation of a stronger central government. The Federalist Papers argued in favor of ratification, presenting a detailed interpretation of the Constitution and addressing specific objections raised by the Anti-Federalists.
The papers are considered one of the most important sources of information about the original intent of the Constitution and the principles upon which the United States was founded. They cover a wide range of topics, including the structure and function of the federal government, the separation of powers, federalism, and the importance of checks and balances.
Hamilton, Madison, and Jay each brought their own expertise and perspectives to the papers. Alexander Hamilton, a strong advocate for a powerful central government, wrote the majority of the essays, with 51 essays to his name. James Madison, often referred to as the "Father of the Constitution", contributed 26 essays, focusing on the structure of the government and the importance of checks and balances. John Jay, the first Chief Justice of the United States Supreme Court, wrote five essays, primarily concerning foreign policy and the need for a strong union.
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Benjamin Franklin's Plan for a Confederation
The plan, formulated before the Albany Congress, aimed to centralize the colonial governments of North America. It proposed a unified government with two branches: the Grand Council, which would have greater relative authority to counter the power of royal colonial governors, and a body to represent the colonies. This proposal reflected the recognition of the need to defend common interests and organize colonial-Indian relations and territorial disputes.
Franklin's plan was significant as it contributed to the intellectual foundation for the Articles of Confederation and the federal constitution. Thomas Jefferson annotated Franklin's plan, reflecting his interest in representation in Congress. Franklin's ideas gained support from some, including James Madison, who recognized the importance of the process for the Revolution. However, the plan faced opposition from those who were not ready to abandon hopes of reconciliation with Britain, and it never came to fruition.
Franklin's international experience and involvement in drafting the Declaration of Independence and the Articles of Confederation led to his appointment as a diplomat to France, where he gained fame among the French intellectual elite.
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The Bill of Rights
The United States Constitution, drafted in 1787, was a remarkable document that set up a system of checks and balances, including a strong executive branch, a representative legislature, and a federal judiciary. However, it was also deeply flawed, omitting a declaration of individual rights and failing to apply to all citizens.
In response to these criticisms, James Madison, initially an opponent of the Bill of Rights, introduced a list of amendments to the Constitution on June 8, 1789. These amendments were designed to win support in both houses of Congress and the states, focusing on rights-related changes rather than structural alterations to the government. Madison's proposal included 17 amendments, which the Senate further condensed to 12. On October 2, 1789, President Washington sent these 12 amendments to the states for approval.
On December 15, 1791, three-fourths of the state legislatures had ratified 10 of the 12 proposed amendments, which became the Bill of Rights, the first 10 amendments to the Constitution. These amendments defined citizens' rights in relation to the newly established government, addressing the objections raised by Anti-Federalists who wanted power to remain with state and local governments. The Bill of Rights added specific guarantees of personal freedoms to the Constitution, including freedom of speech, the right to assemble, and the right to bear arms. It also limited the government's power, stating that any powers not explicitly granted to the federal government by the Constitution are reserved for the states or the people.
While the Bill of Rights was written in broad language, it was not intended to protect all people. Women, for example, were considered second-class citizens and were unable to vote until the 19th Amendment was passed in 1920. Native Americans were also excluded from the constitutional system, only gaining US citizenship nearly 135 years after the Bill of Rights was ratified.
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Frequently asked questions
The Articles of Confederation, approved by the Second Continental Congress on November 15, 1777, was the first US Constitution. It created a loose confederation of sovereign states and a weak central government, leaving most of the power with the state governments.
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 states' disputes over territory, war pensions, taxation, and trade threatened to tear the young country apart.
James Madison, along with Alexander Hamilton and George Washington, played a crucial role in recognizing the weaknesses of the Articles of Confederation and advocating for a stronger national government. He sketched plans for a new federal government and constitution, which included proposals for proportional representation and a national legislative veto over state laws.
The Declaration of Independence, expressing the ideals on which the United States was founded and its reasons for separation from Great Britain, was created before the US Constitution. Additionally, Thomas Jefferson's "Notes on Debates in the Continental Congress" from June 7 to August 1, 1776, provides valuable insights into the drafting process of the Declaration of Independence and the Articles of Confederation.
The US Constitution was written in 1787 at the Philadelphia Convention and ratified through state conventions in 1787 and 1788. It took effect in 1789 and has been amended numerous times since then.
![The Federalist Papers [with Biographical Introduction]](https://m.media-amazon.com/images/I/61rseszRpOL._AC_UY218_.jpg)
