Omar Bennett
The Constitution of the United States, the country's supreme law, came into effect in 1789, superseding the Articles of Confederation, the first constitution. The Constitution was created due to concerns about 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 to the Constitutional Convention, representing different interests and views, crafted compromises and created a model of government with checks and balances, dividing federal authority between the legislative, judicial, and executive branches. The Constitution also addressed issues such as slavery, proportional representation, and state rights and responsibilities.
| Characteristics | Values |
|---|---|
| Date of creation | September 17, 1787 |
| Location of creation | East Room, first floor of the Pennsylvania State House (now known as Independence Hall), Philadelphia |
| Number of signatures | 39 |
| Previous constitution | Articles of Confederation |
| Reason for new constitution | Articles of Confederation lacked enforcement powers, couldn't regulate commerce, print money, or conduct foreign policy |
| Philosophical influences | European Enlightenment thinkers, including Montesquieu and John Locke |
| Key figures | James Madison, Alexander Hamilton, George Washington, Thomas Jefferson, John Adams, Benjamin Franklin |
| Compromises | Protection of the slave trade for 20 years, three-fifths compromise, return of escaped slaves to their owners |
| Ratification process | Bypass state legislatures and call for special ratifying conventions in each state; ratification by 9 of 13 states |
| Amendments | 27 amendments, the first 10 of which are collectively known as the Bill of Rights |
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What You'll Learn
Nationalists' fears of a collapsing country
Nationalists, led by James Madison, Alexander Hamilton, and George Washington, feared that their young country was on the brink of collapse. 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 destroy the fruits of the Revolution and tear the young nation apart. Divisions among the states and even local rebellions exacerbated these issues.
In a letter written in 1787 on the eve of the Federal Constitutional Convention, Madison warned Washington of the dangers from both temporizers and radicals. He also outlined his plans for a new federal government and constitution, which included proportional representation and a national legislative veto over state laws. Madison, along with other nationalists, worked to strengthen the federal government, turning a series of regional commercial conferences into a national constitutional convention in Philadelphia in 1787.
The nationalists appeared to have the proceedings of the convention in their grip, persuading members that any new constitution should be ratified through conventions of the people rather than by Congress and state legislatures. The delegates to the convention, representing a wide range of interests and views, ultimately created a new model of government that relied on a series of checks and balances. They divided federal authority into the legislative, judicial, and executive branches, addressing the issues of centralized power by creating a powerful central government.
The Federalists, who believed in the necessity of a strong central government, faced opposition from Anti-Federalists who fought against the Constitution. The Anti-Federalists viewed the Constitution as creating a powerful central government reminiscent of the one they had just overthrown, and they were concerned about the lack of a bill of rights. Despite this opposition, the Federalists prevailed, and the Constitution was ratified by 9 of the 13 states, marking a significant shift toward a stronger federal government and addressing the nationalists' fears of a collapsing country.
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State constitutions inspired by European Enlightenment thinkers
The Constitution of the United States is the supreme law of the United States of America. It superseded the Articles of Confederation, the nation's first constitution, on March 4, 1789. The Constitution's first three articles embody the doctrine of the separation of powers, in which the federal government is divided into three branches: the legislative, consisting of the bicameral Congress (Article I); the executive, consisting of the president and subordinate officers (Article II); and the judicial, consisting of the Supreme Court and other federal courts (Article III).
The Constitution was influenced by European Enlightenment thinkers, including Montesquieu, John Locke, Edward Coke, William Blackstone, David Hume, Voltaire, Jean-Jacques Rousseau, Jeremy Bentham, Immanuel Kant, and Thomas Jefferson. These Enlightenment thinkers emphasised the importance of human reasoning in discovering truths about the world, religion, and politics, and in improving the lives of humankind.
One of the key ideas that influenced the state constitutions was the concept of Natural Rights, which was inspired by John Locke. Locke's theory posits that all individuals inherently possess certain rights, such as life, liberty, and property, which are not granted by governments but are inherent to human existence. Consequently, the primary role of the government is to protect these rights rather than bestow them. This idea is reflected in the Bill of Rights, which outlines specific protections for these fundamental freedoms, such as freedom of speech and religion, and the right to privacy and security.
Another Enlightenment idea that influenced the state constitutions was the Separation of Powers. Montesquieu, an influential French philosopher, argued for a division of government powers into three distinct branches: the executive, the legislative, and the judicial. He believed that this separation was necessary to prevent any single entity from accumulating too much power and potentially threatening the liberties of the people. The framers of the Constitution embraced this idea and established three branches of government, each with its own unique roles and responsibilities.
The Rule of Law, a principle rooted in Enlightenment thought, is also a crucial tenet embedded within the U.S. Constitution. This concept emphasises that laws, rather than individuals or arbitrary decisions, should govern society. It ensures that every person and government entity is subject to a higher legal framework, fostering a just and orderly society. This is reflected in the Supremacy Clause of Article VI, which declares the Constitution and federal laws made pursuant to it as the supreme law of the land.
The economic principles in the Constitution also reflect Enlightenment ideals of economic liberty. The Constitution's framework encourages limited government intervention in economic affairs, reflecting Adam Smith's argument that markets function best with minimal interference. This principle is evident in the checks and balances system, which ensures that no single branch of government can unilaterally impose burdensome regulations that might stifle economic activity. By promoting a balance between regulation and freedom, the Constitution aims to create a stable and predictable economic environment where businesses can thrive.
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The Articles of Confederation's lack of enforcement powers
The Articles of Confederation, officially the Articles of Confederation and Perpetual Union, was the first constitution of the United States. It was adopted by the Continental Congress on November 15, 1777, and came into force on March 1, 1781, after being ratified by all 13 states. The Articles established a weak confederal government, granting Congress—the only federal institution—little power to finance itself or enforce its resolutions.
Congress lacked the authority to regulate commerce, making it unable to protect or standardize trade between foreign nations and the various states. It could not raise funds, regulate trade, or conduct foreign policy without the voluntary agreement of the states. Congress had no power to enforce attendance, and it lacked the power to compel the states to comply with requests for either troops or funding. The absence of a tax base meant that there was no way to pay off state and national debts from the war years except by requesting money from the states, which seldom arrived.
The Articles outlined a Congress with representation not based on population – each state would have one vote in Congress. This meant that under the Articles, less populous states held the same power as larger states.
The weaknesses in the Articles of Confederation became apparent over time. Congress commanded little respect and no support from state governments anxious to maintain their power. Recognizing the need to improve the government, Congress tried to strengthen the Articles, but problems persisted. Nationalists, led by James Madison, George Washington, Alexander Hamilton, John Jay, and James Wilson, almost immediately began working toward strengthening the federal government. In 1787, the Constitutional Convention assembled in Philadelphia to revise the Articles of Confederation. The delegates to the Federal Constitutional Convention of 1787 created the instrument of government in the East Room on the first floor of the Pennsylvania State House (known today as Independence Hall) in Philadelphia. The Constitution superseded the Articles of Confederation on March 4, 1789.
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Compromises on slavery and proportional representation
The creation of the United States Constitution was a complex process that involved navigating various interests and perspectives. One of the key factors that led to the formation of the federal constitution was the need to address the contentious issue of slavery and proportional representation.
During the Constitutional Convention of 1787, also known as the Philadelphia Convention, delegates from different states held opposing views on slavery and representation. The Southern states, with agricultural economies dependent on slave labour, wanted slaves to be counted for representation in Congress. On the other hand, the Northern states, where slavery was gradually being abolished, argued that only free inhabitants should be considered for representation. This disagreement led to the Three-Fifths Compromise.
The Three-Fifths Compromise was proposed by delegate James Wilson and seconded by Charles Pinckney. It was agreed that for taxation and representation in the House of Representatives, three-fifths of the enslaved population would be counted. While this compromise granted Southern states additional representation, it also reduced their representation compared to if all slaves had been counted. Additionally, the same ratio was used to determine federal tax contributions, increasing the tax burden on slaveholding states.
The Great Compromise, also known as the Connecticut Compromise, addressed the issue of proportional representation in the legislative branch. The larger states advocated for representation based on population, while smaller states desired equal representation for each state. The Great Compromise established a bicameral legislature, with proportional representation in the lower house (House of Representatives) and equal representation for each state in the upper house (Senate).
Another compromise related to slavery was the Commerce Compromise, which allowed Congress to regulate domestic and international trade but excluded control over the slave trade for at least 20 years. This compromise revealed the deep-rooted nature of slavery in the United States at the time. The Southern states, particularly Georgia and South Carolina, were determined to protect the slave trade and importation of slaves.
In conclusion, the creation of the federal constitution involved navigating complex compromises on slavery and proportional representation. The Three-Fifths Compromise, the Great Compromise, and the Commerce Compromise were pivotal agreements that shaped the final document, balancing the interests of different states and laying the foundation for the United States federal government.
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Federalists' belief in a strong central government
The Federalists, led by James Madison, Alexander Hamilton, John Jay, and James Wilson, believed in a strong central government. They saw the weaknesses of the central government created by the Articles of Confederation, and thus, believed that the Constitution was required to safeguard the liberty and independence that the American Revolution had created.
The Federalists were supporters of the proposed Constitution and their adopted name implied a commitment to a loose, decentralized system of government. However, in many respects, "federalism" implies a strong central government. The Federalists believed that the greatest threat to the future of the United States was not in the abuse of central power but in the excesses of democracy. They believed that democracy needed to be constrained in favor of a stronger central government.
The Federalist Party, formed by Hamilton and other proponents of a strong central government, was a conservative and nationalist American political party. It was the first political party in the United States and dominated the national government under Alexander Hamilton from 1789 to 1801. The party favored centralization, federalism, modernization, industrialization, and protectionism. They supported Hamilton's vision of a strong centralized government and agreed with his proposals for a national bank and heavy government subsidies. The Federalists were well-organized, well-funded, and made careful use of the printed word.
The Federalists were rivaled by the Anti-Federalists, who opposed the ratification of the Constitution and objected to creating a stronger central government. The critiques of the Constitution raised by the Anti-Federalists influenced the creation of the Bill of Rights.
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Frequently asked questions
The main factor was the fear that the young country was on the brink of collapse. 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 Federal Constitution created a powerful central government, whereas the Articles of Confederation gave more power to the states. The Federal Constitution also divided the federal government into three branches: the legislative, the executive, and the judicial.
The key compromises were on the issues of slavery and proportional representation. To satisfy interests in the South, the delegates agreed to protect the slave trade for 20 years. They also agreed to allow states to count three-fifths of their slaves as part of their populations for representation in the federal government.
