The Constitution's Birthplace: A Historical Meeting

The United States Constitution was written during the Constitutional Convention of 1787 in Philadelphia, Pennsylvania. The convention was held from May 14 to September 17, 1787, and was attended by 55 delegates representing every state except Rhode Island. The delegates debated for months over what would be included in the Constitution, and the final version was signed by 39 delegates on September 17, 1787. The Constitution created a centralized federal government with an executive branch, a legislative branch, and a judicial branch, setting up a system of checks and balances to ensure that no one branch became more powerful than the others.

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The Constitutional Convention

The convention's objective was to revise 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 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.

During the convention, delegates debated what would be included in the new Constitution. Some states favoured a strong central government, while others were opposed. Large states felt they should have more representation in Congress, while small states wanted equal representation with larger ones. The issue of representation in the two houses of the new national legislature became a major sticking point. Roger Sherman proposed a legislature with two parts; states would have equal representation in the Senate, and the population of states would determine representation in the House of Representatives.

Another issue that divided the Northern and Southern states was commerce and slavery. Southern states exported goods and raw materials and feared that the Northern states would take unfair advantage. The South finally agreed not to require two-thirds passage in both houses to regulate commerce. The delegates also debated the idea of an executive branch of government, with some arguing for a single person and others for a board of three. Eventually, a clear majority voted for a single executive, with the knowledge that Washington would probably be the first President.

The final report of the committee, which became the first draft of the Constitution, was the first workable constitutional plan. The Committee of Style produced the final version in early September, and it was voted on by the delegates. The completed proposed Constitution was printed in several copies for review, which began the debates and ratification process. It was also printed in newspapers for public review. On September 17, 1787, 39 of 55 delegates signed the Constitution, with George Reed signing for John Dickinson of Delaware, who was absent.

The Virginia Plan

The plan called for the creation of a supreme national government with three branches: executive, legislative, and judicial. The legislative branch would make laws, the executive branch would provide leadership and enforce laws, and the judicial branch would explain and interpret laws. The Virginia Plan was modelled on the existing state governments and was written in the form of fifteen resolutions outlining basic principles. It called for a strong central government, which was a radical departure from the Articles of Confederation. The first resolution called for the enlargement and correction of the Articles of Confederation. The second resolution suggested that the population count for determining representation in government be based on either "quotas of contribution" or the number of free inhabitants. This would give more representation to large states like Virginia, as the Articles of Confederation gave each state equal representation regardless of population.

The Connecticut Compromise

The Compromise retained the bicameral legislature, with proportional representation of the states in the lower house or House of Representatives, and equal representation of the states in the upper house or Senate. Each state would have two members in the Senate, and representation in the House of Representatives would be based on the population of the state. This dual system of representation aimed to balance the interests of small and large states in the federal government.

The delegates at the Constitutional Convention, representing diverse interests and views, crafted several compromises, including the Connecticut Compromise, to create a powerful central government while addressing the concerns of individual states. The final version of the Constitution was produced in early September 1787 and signed by 39 delegates, marking a pivotal moment in the formation of the United States government.

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Ratification

The ratification of the United States Constitution was a complex and lengthy process that began after the conclusion of the Constitutional Convention in September 1787. The ratification process involved debates, discussions, and votes across the states, culminating in the establishment of a new form of government.

The Constitutional Convention, presided over by George Washington, brought together delegates from all states except Rhode Island in Philadelphia, Pennsylvania. The delegates debated for months, grappling with conflicting interests and views to craft a constitution that would address the young nation's problems. The final draft of the Constitution was signed by 39 of the 55 delegates on September 17, 1787, marking a pivotal moment in the nation's history.

However, the signing of the Constitution was not enough to bring it into force. The delegates who crafted the document recognised the need to bypass the state legislatures, anticipating resistance from those reluctant to cede power to a national government. Instead, they outlined a process in Article VII of the proposed Constitution, calling for special ratifying conventions in each state. This process required ratification by nine of the thirteen states, a two-thirds majority, to enact the new government.

The ratification campaign was intense, with passionate arguments from both Federalists and Anti-Federalists. The Federalists, including Alexander Hamilton, James Madison, and John Jay, advocated for a strong central government, publishing the "Federalist Papers" to promote ratification. On the other hand, the Anti-Federalists vehemently opposed the Constitution, concerned about the concentration of power in a central government. They fought against it, arguing for a bill of rights and amendments to secure individual liberties.

The ratification process generated a wealth of debates, commentaries, and primary source materials that provide valuable insights into how eighteenth-century Americans interpreted the Constitution. The process also highlighted the challenges of forging a unified nation from diverse interests and perspectives. The compromises and negotiations that took place during ratification helped hold the Union together, even as it prolonged the acceptance of slavery and resulted in disproportional representation for less populous states.

The ratification campaign faced significant obstacles, but ultimately succeeded when New Hampshire became the ninth state to ratify on June 21, 1788. This marked a turning point, and the new government was established, setting a precedent for future amendments and shaping the course of the United States' political history.

Checks and balances

The US Constitution was drafted during the Constitutional Convention in Philadelphia between May and September of 1787. The document that emerged from the convention established a federal government with more specific powers, including those related to conducting relations with foreign governments.

The framers of the US Constitution built a system that divides power between the three branches of the US government—legislative, executive, and judicial—and includes various limits and controls on the powers of each branch. This system of checks and balances was designed to ensure that no one branch of government would become too powerful and to guard against tyranny.

The Legislative Vesting Clause, along with the Executive and Judicial Vesting Clauses, delineate the powers the Framers accorded to the National Government’s Legislative, Executive, and Judicial Branches. The Framers' separation of power was not rigid, but incorporated a system of checks and balances whereby one branch could check the powers assigned to another.

For example, the President may check Congress by vetoing bills, but Congress may override the president’s veto with a two-thirds vote of both Houses. The Supreme Court can then check both branches by declaring a law unconstitutional. The President also requires the Senate’s consent to appoint executive officers and judges or enter into treaties. The courts are assured independence from the political branches through good-behaviour tenure and security of compensation. Through judicial review, the courts check the other two branches. The impeachment power gives Congress the authority to root out corruption and abuse of power in the other two branches.

The system of checks and balances has been tested numerous times throughout the centuries since the Constitution was ratified. The power of the executive branch has expanded greatly since the 19th century, disrupting the initial balance intended by the framers. However, overall, the system of checks and balances has functioned as it was intended, ensuring that the three branches operate in balance with one another.

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