Isabella Carter
The United States Constitution was signed on September 17, 1787, by 38 delegates, creating a powerful central government. The Constitution was formed in response to the Articles of Confederation, which 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 delegates, representing diverse interests and views, crafted compromises to address states' disputes over territory, war pensions, taxation, and trade, which threatened to tear the young nation apart. The ratification process was challenging, with Federalists and Anti-Federalists holding opposing views. The Anti-Federalists opposed the Constitution due to its creation of a powerful central government and the lack of a bill of rights. On the other hand, the Federalists believed a strong central government was necessary to address the nation's challenges. The Constitution stands as one of the longest-lived and most emulated constitutions globally, shaping the framework for the United States government.
| Characteristics | Values |
|---|---|
| Influenced by European Enlightenment thinkers | Montesquieu, John Locke, Benjamin Franklin, Thomas Jefferson |
| Opposition to monarchy and the privileged classes | The revolutionary war veteran Royall Tyler's play "The Contract" expressed anti-monarchy sentiment |
| Unalienable rights, separation of powers, and structure of the Constitution | "We the People of the United States" establishes the people as the source of the government's legitimacy |
| Historical background | Indian freedom struggle from the late 19th century until independence from British rule in 1947 |
| Public participation and democratic deliberation | Debates and discussions in the Constituent Assembly were open to the public |
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What You'll Learn
The Indian freedom struggle and its historical background
The Indian independence movement, also known as the Indian freedom struggle, was an anti-colonial movement that spanned approximately a century, from the mid-to-late 19th century to the mid-20th century. The movement aimed to end British rule over the Indian subcontinent and resulted in India gaining independence and becoming a sovereign, democratic republic.
During the 18th and 19th centuries, colonial powers such as England, Portugal, and the Netherlands began to exert control over regions in India. The East India Company from Britain was particularly prominent and played a significant role in seizing control of Indian territories through military force and economic dominance. The increasing pressure to convert to Christianity, attempts to Westernize Indian society, and the Sepoy Mutiny of 1857, also known as the first war of independence, were early examples of Indian resistance and nationalistic action against British rule.
In the late 19th century, the Indian National Congress (Congress Party) emerged as the first major nationalist movement within the British Empire outside of Britain. Initially led by Allan Octavian Hume, a retired British civil servant, the Congress Party provided a platform for educated Indians to discuss political issues and advocate for a greater role in governance. Over time, the Indian National Congress shifted from moderate reforms to more extremist positions, and leaders like Mahatma Gandhi, Jawaharlal Nehru, and Vallabhbhai Patel emerged as strong supporters of Indian nationalism and independence.
The Indian independence movement was characterized by both non-violent and militant approaches. Mahatma Gandhi played a pivotal role in uniting the nation behind his philosophy of non-violence, civil disobedience, and passive resistance. On the other hand, the emergence of parties such as the Hindu Mahasabha, Communist Party of India, and the Rashtriya Swayamsevak Sangh reflected the growing militant sentiment within the movement. The mass movements sparked nationalist sentiment among the Indian populace, and the demand for sovereignty and a constitution grew stronger.
The Constituent Assembly, established in 1946, was tasked with drafting India's first constitution. The Assembly, made up of 389 members (later reduced to 299 after partition), took almost three years to draft the constitution, holding eleven sessions over a 165-day period. The constitution was adopted on November 26, 1949, and came into force on January 26, 1950, marking the end of British rule and the beginning of a sovereign, democratic India.
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Public participation and democratic deliberation
The Indian Constitution is a result of public participation and democratic deliberation. The Constituent Assembly held open debates and discussions, allowing the public to voice their opinions and concerns. This process reflected the democratic spirit of the Indian nation and ensured that the Constitution represented the aspirations of its people.
The historical background of the Indian Constitution is rooted in the Indian freedom struggle, which began in the late 19th century and culminated in India's independence in 1947. During the British rule, Indian leaders fought for their rights and freedom. The Indian National Congress, founded in 1885, played a crucial role in mobilizing people and demanding self-rule. The Constitution is a culmination of the efforts of these leaders.
The Indian Constitution is the supreme law of the land, outlining the framework for governance and defining the fundamental rights and duties of citizens. The process of its creation involved historical, social, political, and democratic factors. The debates and discussions were influenced by the Indian people's aspirations for freedom and self-rule.
The United States Constitution, on the other hand, was created in a different historical context. The European Enlightenment thinkers like Montesquieu and John Locke influenced the ideas of unalienable rights, separation of powers, and the structure of the Constitution. However, Benjamin Franklin and Thomas Jefferson had reservations about the existing forms of government in Europe, particularly the autocratic monarchies.
The creation of the United States Constitution involved leaders such as General George Washington, who was unanimously elected president of the Philadelphia convention in 1787. The delegates at the convention were aware of the prevalent enmity towards royalty and the privileged classes, which influenced the debate on the new government's structure. The final draft of the Constitution was presented to the convention on September 12, and it was signed on September 17, 1787.
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Influence of European Enlightenment thinkers
The Enlightenment, which took hold in most European countries, was a period that saw the development and exploration of reason and rationality. This period proved that rigorous mathematical reasoning could establish truths about the world, independent of divine revelation. The success of Newton in capturing the laws that govern the motions of the planets with a few mathematical equations, gave great impetus to the growing faith in humanity's capacity to gain knowledge.
The Enlightenment also brought about ideas of religious tolerance and the importance of individual conscience, along with the social contract. These ideas became particularly influential in the American colonies and the drafting of the United States Constitution. Many of the major political and intellectual figures behind the American Revolution associated themselves closely with the Enlightenment. For example, Benjamin Franklin visited Europe repeatedly, actively contributing to scientific and political debates, and bringing new ideas back to Philadelphia. Thomas Jefferson closely followed European ideas and later incorporated some Enlightenment ideals into the Declaration of Independence, which were then woven into the U.S. Constitution during its framing in 1787.
One of the most influential Enlightenment thinkers, Locke, based his philosophy of governance on social contract theory. This theory permeated Enlightenment political thought and held that the government exists to serve its citizens and derives its legitimacy from their consent. This idea is reflected in the U.S. Constitution through the process of regular elections, where citizens can directly influence their government by selecting their leaders.
Another key Enlightenment principle that influenced the Constitution was popular sovereignty, which posits that the ultimate power rests not with a monarch but with the people themselves. This idea is evident in the Constitution's preamble, which begins with "We the People," indicating that the people, not the states, are the source of the government's legitimacy.
The Enlightenment also promoted the ideal of rational governance and the protection of individual freedoms. This is reflected in the Constitution's system of checks and balances, which prevents the concentration of power in any single branch of government and ensures that no branch dominates the others. This system, deeply influenced by Montesquieu's writings, maintains equilibrium within the federal government and safeguards against potential abuses of power.
Finally, the economic thought of the Enlightenment, as exemplified by Adam Smith's "The Wealth of Nations," also influenced the Constitution. Smith's advocacy for free markets and minimal government interference laid the groundwork for the principles that would shape America's economic landscape. The Constitution's emphasis on protecting property rights and contractual obligations reflects these Enlightenment-inspired economic ideas.
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Opposition to monarchy and nobility
The constitution was created during a time of strong opposition to royalty and the privileged classes. Many Americans had negative memories of British rule and ties to a recent war, and were thus opposed to the idea of a monarchy. Thomas Jefferson, for example, maintained that most European governments were autocratic monarchies that were not compatible with the egalitarian character of the American people.
This sentiment was reflected in the writings of revolutionary war veteran Royall Tyler, whose play "The Contract" presented a jaundiced view of the upper classes. The play ends with the lines:
> Exult each patriot heart! this night is shewn
> A piece, which we may fairly call our own;
> Where the proud titles of "My Lord!" "Your Grace!"
> To humble Mr. and plain Sir give place.
Some state constitutions even prohibited titles of nobility. Alexander Hamilton and others like him had to accept a form of government that was less than their ideal.
The constitution's opposition to monarchy and nobility is further reflected in its Articles of Confederation, which include a Titles of Nobility Clause. This clause was enacted without debate in the Constitutional Convention, reflecting the widespread agreement that titles of nobility should be prohibited. James Madison observed in the Federalist No. 44:
> The prohibition with respect to titles of nobility is copied from the articles of Confederation and needs no comment.
Alexander Hamilton, in the Federalist No. 84, agreed, stating:
> Nothing need be said to illustrate the importance of the prohibition of titles of nobility. This may truly be denominated the corner-stone of republican government; for so long as they are excluded, there can never be serious danger that the government will be any other than that of the people.
The constitution's commitment to governing impartially and preventing governmental distinctions between classes of American citizens is further reflected in the 13th, 14th, and 15th Amendments.
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Leadership of George Washington and Benjamin Franklin
George Washington and Benjamin Franklin were both instrumental in the creation of the United States Constitution. Washington was unanimously elected as the president of the Philadelphia convention on May 14, 1787, and his leadership united the delegates and the new nation behind the idea of a new federal government. He helped to forge consensus among the passionate federalists and anti-federalists, demanding secrecy as the delegates scrapped and revised the Articles of Confederation. Washington created an atmosphere that allowed convention members to reach the compromises necessary to create a bold, new government.
Benjamin Franklin, at 81, was the oldest representative at the convention. He was a celebrated scientist and inventor, and political leader, and his authority helped lend legitimacy to the Constitution. Franklin was the only person to sign all three key documents in the birth of the United States: the Declaration of Independence, the Treaty of Paris, and the Constitution. He helped draft the Declaration of Independence and was an early advocate of confederation. Franklin famously declared, "I have the happiness to know that it is a rising and not a setting sun," as the Constitution was being signed, and worked to lighten the mood with jokes when tensions ran high.
Franklin also contributed to the language of the concluding endorsement, which was made intentionally ambiguous to win over dissenting delegates. In a speech at the Constitutional Convention, Franklin stated, "We have gone back to ancient history for models of Government, and examined different forms of those Republics...And we have viewed modern States all round Europe but find none of their Constitutions suitable to our circumstances." Franklin's influence extended beyond the convention, as he helped found the University of Pennsylvania and organized the Pennsylvania militia.
Both Washington and Franklin played pivotal roles in the creation of the United States Constitution, using their leadership and authority to unite the delegates and ensure the document's unanimous support. Franklin's contributions to science, politics, and society, as well as Washington's ability to forge consensus, were instrumental in shaping the foundation of the United States.
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Frequently asked questions
America’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 states’ disputes over territory, war pensions, taxation, and trade threatened to tear the young country apart.
James Madison, Alexander Hamilton, and George Washington were key figures in the process of drafting the Constitution. Washington was unanimously elected president of the Philadelphia convention. Other key figures include Robert Morris of Pennsylvania, John Hancock, and Motilal Nehru.
Alexander Hamilton helped convince Congress to organize a Grand Convention of state delegates to work on revising the Articles of Confederation. The Constitutional Convention assembled in Philadelphia in May of 1787. On September 17, 1787, 38 delegates signed the Constitution.
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. The leading spokesmen were largely state-centered men with regional and local interests and loyalties.
The Constitution established a powerful central government, with a president who is the Commander in Chief of the Armed Forces and makes treaties. It also provided for extradition between the states, freedom of movement, and a legal basis for governing non-state territories. The Necessary and Proper Clause confers incidental powers upon Congress.
