The Constitution's Historical Roots Explained

The United States Constitution, the oldest and longest-standing written and codified national constitution, was created to address the weaknesses of 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, led by James Madison, Alexander Hamilton, and George Washington, created a model of government that relied on a series of checks and balances by dividing federal authority between the legislative, judicial, and executive branches. The drafting of the Constitution, often referred to as its framing, was completed at the Constitutional Convention, which assembled at Independence Hall in Philadelphia in 1787.

Explore related products

We the People: A History of the U.S. Constitution

$31.99 $39.99

The Constitution of the United States and The Declaration of Independence

$1.99 $6.95

The Constitution of the United States of America: The Declaration of Independence, The Bill of Rights

$9.99 $9.99

The Words That Made Us: America's Constitutional Conversation, 1760-1840

$22.76 $40

The Constitutional Convention: A Narrative History from the Notes of James Madison (Modern Library Classics)

$13.65 $22

The Anti-Federalist Papers and the Constitutional Convention Debates (Signet Classics)

$8.32 $8.95

The weaknesses of the Articles of Confederation

The Articles of Confederation, America's first constitution, gave the Confederation Congress the authority to make rules and request funds from the states. However, it lacked enforcement powers, the ability to regulate commerce, and the ability to print money. These limitations, along with disputes among the states over territory, war pensions, taxation, and trade, threatened to tear the young nation apart.

One of the significant weaknesses of the Articles of Confederation was its inability to establish an effective central government. The Articles provided for a one-house legislature, a weak executive, and no national power of taxation. This led to challenges in managing the country's affairs and responding to crises effectively.

The Articles of Confederation also lacked a standard currency, which created inconsistencies in economic policies across the states. Additionally, the Articles allowed for voting by state, which gave larger states the same power as smaller states, disregarding the principle of proportional representation.

The weaknesses of the Articles became increasingly apparent as the nation faced internal and external challenges. Shays' Rebellion, caused by excessive land taxation, high legal costs, and economic depression following the American Revolution, highlighted the need for a stronger national government to curb the excesses and inequities of state governments.

Furthermore, the Articles of Confederation did not provide an adequate framework for managing foreign relations. The lack of a dedicated executive branch resulted in important matters, including foreign affairs, being bogged down by paperwork and legislative gridlock. This inefficiency led to the creation of an executive branch under the new Constitution, which was tasked with conducting foreign relations and managing routine administrative tasks.

Divisions among the states

Nationalists, led by James Madison, Alexander Hamilton, George Washington, John Jay, and James Wilson, began working toward strengthening the federal government. They turned a series of regional commercial conferences into a national constitutional convention in Philadelphia in 1787. The convention assembled in May 1787, with delegates chosen by the state legislatures of 12 of the 13 original states—Rhode Island refused to send delegates. The delegates debated for three months and ultimately created a model of government that relied on a series of checks and balances by dividing federal authority between the legislative, judicial, and executive branches.

The delegates to the convention were tasked with revising the existing government, but they ended up creating a powerful central government. Representing wildly different interests and views, they crafted compromises. The convention's initial mandate was limited to amending the Articles of Confederation, but almost immediately, delegates began considering measures to replace the Articles. The first proposal, the Virginia Plan, called for a bicameral (two-house) Congress elected on a proportional basis based on state population. This pitted the Northern states against the Southern states, as the North was slowly abolishing slavery, while the South's agricultural economy depended on slave labor. To satisfy the South, the delegates agreed to protect the slave trade for 20 years.

The ratification campaign was challenging, with Federalists battling Anti-Federalists. The Federalists believed a strong central government was necessary to face the nation's challenges, while the Anti-Federalists opposed 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 Federalists prevailed, and on September 17, 1787, 38 delegates signed the Constitution, with George Reed signing for the absent John Dickinson of Delaware, bringing the total to 39 signatures. The Constitution came into effect in 1789, superseding the Articles of Confederation.

The influence of European Enlightenment thinkers

The United States Constitution came into effect in 1789, three years after it was signed in 1787. It superseded the Articles of Confederation, the nation's first constitution, which had proven inadequate in meeting the young nation's needs. The Articles 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 European Enlightenment thinkers' impact can be seen in the following ways:

• The concept of unalienable rights: The Declaration of Independence, influenced by Enlightenment ideas, proclaimed certain rights as unalienable, such as life, liberty, and the pursuit of happiness. The Constitution sought to protect these rights and ensure they were respected by the government.
• Separation of powers: The Constitution's first three articles embody the doctrine of the separation of powers, dividing the federal government into the legislative, executive, and judicial branches. This idea was influenced by Enlightenment thinkers' emphasis on checks and balances and limiting governmental power.
• Federalism: The Constitution's articles also embody concepts of federalism, describing the rights and responsibilities of state governments and their relationship to the federal government. This was influenced by Enlightenment ideas about the distribution of power and the importance of local governance.
• Influence on state constitutions: The liberties protected by state constitutions, such as the Virginia Declaration of Rights, were often inspired by Enlightenment thinkers. These state constitutions, in turn, influenced the creation of the Bill of Rights at the national level.

Explore related products

The U.S. Constitution and Other Writings (Leather-bound Classics)

$13.21 $24.99

Listening to the Law: Reflections on the Court and Constitution

$22.38 $32

Constitution of the United States and The Declaration of Independence: Senator Rand Paul, Delegates of The Constitutional Convention

$2.99 $2.99

The People's Guide to the United States Constitution

$13.39 $15.95

Born Equal: Remaking America’s Constitution, 1840–1920

$36.96 $40

American Constitutional History: A Brief Introduction

$36.95 $36.95

The need for a stronger national government

The United States Constitution was created to address the inadequacies of the Articles of Confederation, which was 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 lacked enforcement powers, the ability to regulate commerce, and the ability to print money. This led to disputes among the states over territory, war pensions, taxation, and trade, threatening to tear the young nation apart.

The Constitutional Convention aimed to address the weaknesses of the central government under the Articles of Confederation. The delegates to the convention, chosen by the state legislatures, initially intended to amend the Articles. However, they quickly shifted their focus to creating a new constitution. The convention resulted in a model of government that divided federal authority among the legislative, judicial, and executive branches, establishing a system of checks and balances.

The Constitution that emerged from the convention established a federal government with more specific powers, including the authority to conduct foreign relations. The legislative branch consisted of a bicameral Congress, while the executive branch gained power to address sectional tensions and conduct foreign affairs. The Constitution also addressed issues such as slavery and proportional representation.

The ratification process for the Constitution was not without opposition. Federalists, led by Alexander Hamilton, campaigned for its ratification, while Anti-Federalists resisted due to concerns about centralizing power. The Federalists bypassed state legislatures and called for special ratifying conventions in each state. The "vote now, amend later" compromise played a crucial role in securing ratification in key states, and eventually, the Constitution was ratified by the necessary number of states in 1789.

The Grand Convention of state delegates

The convention was led by General George Washington, who was unanimously elected president. The delegates debated and discussed various proposals and plans, including the Virginia Plan, which called for a bicameral (two-house) Congress, and the New Jersey Plan, which retained the legislative structure created by the Articles of Confederation. The delegates also considered issues such as slavery and proportional representation, and the need for a stronger national government to curb the excesses and inequities of state governments.

The convention lasted for three months, during which the delegates worked to create a model of government with a series of checks and balances, dividing federal authority between the legislative, judicial, and executive branches. The delegates also addressed the problems of the weak central government that existed under the Articles of Confederation, establishing a federal government with more specific powers, including the power to conduct relations with foreign governments.

Near the end of the convention, a Committee of Style and Arrangement condensed the decisions of the convention into a final form, and on September 17, 1787, 38 delegates signed the Constitution, with one delegate signing on behalf of an absent delegate, bringing the total number of signatures to 39. The Constitution was then ratified by 9 of the 13 states, establishing a powerful central government and addressing the concerns that had threatened to tear the young country apart.

Frequently asked questions