Jonah Patel
The United States Constitution was created in 1787 to replace the Articles of Confederation, which had no enforcement powers and could not regulate commerce or print money. The Constitution was drafted in Philadelphia by a convention of state delegates, including George Washington, Alexander Hamilton, and James Madison, who feared that the young country was on the brink of collapse. The final document, which included seven articles, a preamble, and a closing endorsement, established a powerful central government and outlined the structure and powers of Congress, the office of the President, and the Supreme Court.
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What You'll Learn
The Constitutional Convention of 1787
The Articles of Confederation had established the Confederation Congress, granting it the authority to make rules and request funds from the states, but it lacked enforcement powers, the ability to regulate commerce, and the power to print money. Recognizing these weaknesses, key figures like James Madison, Alexander Hamilton, and George Washington feared their young nation was on the brink of collapse.
The Convention brought together 38 delegates, including notable figures such as George Washington, Benjamin Franklin, and James Madison, who was instrumental in drafting the final document. The delegates were tasked with revising the existing government structure, but ultimately, they created a completely new form of government—a federal republic.
Alexander Hamilton, a key proponent of federalism, presented a plan for a strong executive branch, prioritizing order over liberty. The resulting Constitution established three branches of government: the Legislative Branch (Congress), the Executive Branch (office of the President), and the Judicial Branch (Federal court system). It also defined the relationship between the states and the Federal Government, with states retaining the authority to create and enforce their own laws while also respecting and aiding in the enforcement of other states' laws.
The Constitution of 1787 has endured as the longest-lasting written constitution in world history, shaping the United States government and the nation's destiny.
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The Articles of Confederation
The Constitution also addressed the relationship between the states and the Federal Government, with states having the authority to create and enforce their own laws while also having to respect and help enforce the laws of other states. Congress could also pass federal laws regarding how states honour the laws of other states. The Constitution established the supremacy of federal law over state and local laws, meaning that federal law took precedence if there was a conflict.
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Separation of powers
The US Constitution, signed on September 17, 1787, by 38 delegates (and George Reed, who signed on behalf of John Dickinson of Delaware), created a powerful central government. The Constitution is divided into four sections: an introductory paragraph, or preamble; a list of seven Articles that define the government's framework; an untitled closing endorsement with the signatures of 39 framers; and 27 amendments that have been adopted under Article V.
The first three articles establish the three branches of government and their powers: the Legislative Branch (Congress), the Executive Branch (Office of the President), and the Judicial Branch (Federal Court System). This is the basis of the separation of powers.
The Legislative Branch is responsible for making laws and is divided into two parts, or "Houses": the House of Representatives and the Senate. Congress may pass federal laws regarding how states honour other states' laws and records. The Legislative Branch also has the power to amend the Constitution. When two-thirds of the Senate and two-thirds of the House of Representatives vote to change the Constitution, an amendment goes to the state legislatures for a vote. Three-fourths of the state legislatures or state conventions must then vote in favour of the amendment to ratify it.
The Executive Branch, headed by the President, is responsible for executing the laws created by the Legislative Branch. Alexander Hamilton, one of the most important proponents of federalism at the Constitutional Convention, presented a plan to create a strong executive branch, out of a belief that order is more important than liberty.
The Judicial Branch, or the Federal Court System, is responsible for interpreting the laws and ensuring that they are applied fairly and consistently. The Constitution enumerates the powers of the judiciary to extend to cases arising "under the Constitution". Justices take a Constitutional oath to uphold it as the "Supreme law of the land". This means that in cases of conflict between the Constitution and congressional law, the federal courts are required to choose the Constitution.
The separation of powers between these three branches of government is a key feature of the US Constitution, providing a system of checks and balances to prevent the concentration of power in any one branch.
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Checks and balances
The US Constitution divides the government into three branches: the legislative, executive, and judicial. This separation of powers is accompanied by a system of checks and balances, which ensures that no one branch can accumulate too much power.
The legislative branch makes laws, but the President in the executive branch can veto those laws. The legislative branch can, in turn, override the President's veto with enough votes. The legislative branch also has the power to approve Presidential nominations, control the budget, and impeach the President and remove them from office.
The judicial branch interprets laws and can declare acts of the other two branches unconstitutional. The President nominates Supreme Court justices, court of appeals judges, and district court judges, but the Senate in the legislative branch confirms the President's nominations for judicial positions. Congress can also impeach judges and remove them from office.
The President is the commander-in-chief of the armed forces, negotiator of foreign treaties, and appointer of ambassadors, judges, and other "officers of the United States". However, the President requires the Senate's consent to appoint executive officers and judges or enter into treaties.
Bicameralism, or the existence of two chambers of Congress, also acts as a check on legislative power. Both houses of Congress must vote to enact laws, and the Supreme Court can rule laws unconstitutional.
The system of checks and balances reflects the Founders' understanding of the potential for power to corrupt, as expressed by British historian Lord Acton: "All power tends to corrupt; absolute power corrupts absolutely."
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Federalism
The Framers of the Constitution sought to establish a unified national government with limited powers while maintaining a distinct sphere of autonomy for state governments to exercise their general police power. The Constitution sets out all the federal government's powers, and any powers not given to the federal government are reserved for the states. This structure aimed to protect individual liberty from arbitrary power and enhance freedom by creating two levels of government. The federal government does not have unlimited authority over the states; instead, states can "check" the national government if it violates its enumerated powers.
The Articles of Confederation, the predecessor to the Constitution, gave most of the power to the states, and the federal government had little power to regulate the states or the national economy. The Articles allowed Congress to make rules and request funds from the states, but it had no enforcement powers, could not regulate commerce, or print money. This led to disputes over territory, war pensions, taxation, and trade that threatened to tear the country apart. The Framers of the Constitution aimed to solve this crisis by creating a strong federal government while still preserving state autonomy.
The Tenth Amendment is a well-known provision that reinforces federalism by stating that powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved for the States or the people. The Supremacy Clause in Article VI of the Constitution establishes federal law as superior to state law, and every governmental action must be Constitutional. The Necessary and Proper Clause in Article I gives Congress the power to make all laws necessary and proper to carry out the Constitution's enumerated powers.
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Frequently asked questions
A few years after the Revolutionary War, 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 tear the young country apart.
The Constitution provided for the structure and powers of Congress in Article I. It created a bicameral legislature, set qualifications for holding office in each house, and provided for methods of selecting representatives and senators. It carefully enumerated powers, such as regulating interstate commerce and declaring wars. Article II vested the power to execute laws in a president of the United States. It set the president's term at four years, stated qualifications for office, and provided a mechanism to remove him from office. Article III established a Supreme Court and defines its jurisdiction.
One of the major challenges in creating the Constitution was the concern over centralized power and loyalty to individual states. The delegates had to craft compromises to balance these interests and views. Another challenge was the absence of some of the country's major political leaders, such as Patrick Henry, Thomas Jefferson, John Adams, and John Jay, who refused to participate due to their suspicions about the convention's intentions.
