Eleanor Finch
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 It superseded the Articles of Confederation, the nation's first constitution, on March 4, 1789.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 was written in the summer of 1787, and presented to the convention on September 12, 1787. The document is dated September 17, 1787, and was signed by G. Washington, the president, and deputy from Virginia. The Constitution's first three articles embody the doctrine of the separation of powers, dividing the federal government into three branches: the legislative, the executive, and the judicial. The Constitution's introductory paragraph, or preamble, begins with the words We the People of the United States, in Order to form a more perfect Union...
| Characteristics | Values |
|---|---|
| Date written | September 17, 1787 |
| Author | Gouverneur Morris |
| Written for | The United States of America |
| Number of articles | Seven |
| Number of pages | Four |
| Location of original document | Rotunda at the National Archives Museum |
| Amendments | 1-10 constitute the Bill of Rights |
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What You'll Learn
Articles of Confederation
The Articles of Confederation, also known as the "first constitution of the United States", served as the country's first written constitution. It was adopted by the Continental Congress on November 15, 1777, and was in force from March 1, 1781, until 1789 when the present-day US Constitution was enacted. The Articles were drafted by John Dickinson, a delegate from Delaware, and named the confederation "the United States of America".
The Articles of Confederation established a league of friendship for the 13 sovereign and independent states, with each state retaining sovereignty over all governmental functions not specifically relinquished to the national Congress. The national Congress was empowered to make war and peace, negotiate diplomatic and commercial agreements with foreign countries, and resolve disputes between the states. However, the central government had limited powers and faced challenges in regulating commerce, raising funds, and assembling delegates.
The Articles of Confederation came into being after the Lee Resolution proposed independence for the American colonies, leading to the formation of three committees by the Second Continental Congress on June 11, 1776. One of these committees, composed of one representative from each colony, was tasked with determining the form of the confederation of the colonies. The final draft of the Articles was completed on November 15, 1777, and submitted to the states for ratification. Virginia was the first state to ratify on December 16, 1777, and by February 1779, 12 states had ratified the Articles. Maryland, the lone holdout, finally ratified on March 1, 1781, allowing the Congress of the Confederation to come into existence.
The Articles of Confederation played a significant role during the American Revolution, guiding the Revolutionary War effort, conducting diplomacy, addressing territorial issues, and dealing with Native American relations. However, the limitations on the central government and the retention of considerable power by the states led to concerns about the country's stability. As a result, the Constitutional Convention assembled in Philadelphia in May 1787 to revise the Articles, ultimately leading to the creation of the present-day US Constitution.
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Federalists and Anti-Federalists
The Federalists and Anti-Federalists were two opposing political factions that emerged during the debate over the ratification of the United States Constitution in 1787. The Federalists supported the creation of a stronger federal government, while the Anti-Federalists advocated for a more decentralized form of government with greater state and individual rights.
The Federalists believed in a centralized national government and were instrumental in shaping the new US Constitution. They considered themselves nationalists and thought that a strong national government was necessary to unite the country and ensure its success. Notable Federalists included Alexander Hamilton and James Madison, the primary architect of the Constitution.
The Anti-Federalists, led by Patrick Henry of Virginia, opposed the ratification of the Constitution. They argued that it would lead to a loss of individual liberties, an erosion of state sovereignty, and the potential rise of tyranny. The Anti-Federalists wanted to protect the interests of rural areas and farmers, believing that a large central government would only serve the interests of urban areas. They also worried that the position of president might evolve into a monarchy.
The differences between the two groups were complex and far-reaching. The Anti-Federalists never organized efficiently across all thirteen states, so they had to fight the ratification at every state convention. Despite their efforts, the Constitution was ratified, supplanting the previous Articles of Confederation and Perpetual Union, which had given state governments more authority.
However, the Anti-Federalists did achieve a significant victory in influencing the passage of the Bill of Rights. In response to their demands, the Federalists agreed to consider amendments to the Constitution, which helped ensure its successful ratification. The Tenth Amendment, for example, reinforced the reservation of powers to the states or the people. Today, the Constitution remains on permanent display at the National Archives, serving as a symbol of the union it helped forge.
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Separation of powers
The United States Constitution, a document on permanent display at the National Archives, is the result of a grueling process that took place in the summer of 1787. The Constitution was drafted to unite a group of states with different interests, laws, and cultures under one union, vesting the power in the people.
The Constitution establishes three separate but equal branches of government: the legislative branch, the executive branch, and the judicial branch. Each branch has its own distinct functions and authority, and no person or group is allowed to serve in more than one branch simultaneously. The legislative branch makes the law, the executive branch enforces the law, and the judicial branch interprets the law.
The Framers of the Constitution structured the government in this way to prevent any one branch from becoming too powerful and to create a system of checks and balances. This system allows for an interplay of power among the three branches, where each branch has its own authority but must also depend on the authority of the other branches for the government to function effectively. The Framers also incorporated various checks and balances that each branch could exercise to resist encroachments by another branch. For example, the Constitution allows the President to veto legislation but requires the President to gain the Senate's consent to appoint executive officers and judges or enter into treaties.
The separation of powers is a fundamental aspect of the US government, ensuring that no one part of the government overpowers another. It provides a healthy tension among the branches, which has a stabilizing effect on democracy.
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Ratification
The ratification of the United States Constitution was a complex and lengthy process that began with the conclusion of the Constitutional Convention in 1787 and culminated in the establishment of a new federal government. The Constitution was signed on September 17, 1787, marking a significant milestone in the nation's history. However, the signing itself did not bring the Constitution into force. Instead, it initiated a period of public debate and deliberation, during which citizens and state legislatures engaged in discussions and votes to determine whether to ratify the document.
The ratification process was not without its challenges and controversies. Two distinct factions emerged during this period: the Federalists, who supported the Constitution, and the Anti-Federalists, who opposed it. The Federalists, including prominent figures such as Alexander Hamilton, James Madison, and John Jay, argued for the necessity of a stronger central government and addressed the concerns of the people regarding a federal system. They published a series of commentaries known as The Federalist Papers to promote ratification and defend the proposed government. On the other hand, the Anti-Federalists, led by individuals like George Mason, criticised the Constitution, particularly regarding the protection of individual liberties and the balance of power between the states and the central government.
The ratification process unfolded in several stages. The Constitution was first submitted to the Congress of the Confederation in New York City, the nation's temporary capital, within days of its signing. The members of Congress, recognising the significance of the document, voted unanimously to forward the proposal to the thirteen states for their ratification. This marked a pivotal moment, as the process outlined in Article VII of the proposed Constitution deviated from the amendment provision of the existing Articles of Confederation. While the Articles of Confederation required unanimous approval from all the states, Article VII of the proposed Constitution called for ratification by just nine out of the thirteen states, representing a two-thirds majority.
The state legislatures played a crucial role in the ratification process, as they were responsible for organising "Federal Conventions" to ratify the document. The debates and discussions within these conventions generated invaluable records that provide insight into how eighteenth-century Americans interpreted the Constitution and evaluated its strengths and weaknesses. The first three states to vote in favour of ratification were Delaware, Pennsylvania, and New Jersey, with Connecticut and Georgia following suit soon after. However, the process encountered resistance and uncertainty as key states, including Virginia, New York, and Massachusetts, expressed concerns over specific provisions and the potential impact on their interests.
As the ratification process continued, the Federalists faced the prospect of defeat, leading them to make concessions. They promised that if the Constitution was adopted, amendments would be added to safeguard individual liberties and address the concerns raised by the Anti-Federalists. This shift caused the opposition's position to weaken, and on June 21, 1788, New Hampshire became the ninth state to ratify the Constitution, securing its adoption. The ratification of the Constitution by the states marked a significant step towards establishing a stronger central government, uniting the diverse states under a shared framework, and shaping the future of the United States of America.
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Committee of Style and Arrangement
The Committee of Style and Arrangement was formed towards the end of the constitutional convention, with the task of preparing a final Constitution from the textual provisions that had been previously adopted by the convention. The Committee was headed by Gouverneur Morris, a Pennsylvania delegate who was chosen for his unmatched gift for language. Morris was a logical choice, as he had been one of the three principal authors of the New York Constitution and had spoken more often at the convention than any other delegate.
Morris was joined by other talented members, including Alexander Hamilton and James Madison. However, Morris' expertise in language and experience as a constitutional drafter set him apart. He made a series of subtle changes to the text that advanced his constitutional goals, which his fellow delegates either missed or considered stylistic. These changes later became central to many significant constitutional debates.
For over 200 years, there has been speculation about whether Morris covertly made changes to the text to align with his constitutional vision. While legal scholars and historians have debated this possibility, no systematic study has compared the committee's draft to the previously adopted resolutions. Despite this, the Supreme Court has concluded that any substantive changes made by the committee should be disregarded, as they had no right to alter the Constitution's meaning.
The committee's proposed Constitution was quickly adopted by the convention with few revisions and little debate. This occurred in the early days of September 1787, bringing an end to the grueling work of the convention that had begun in May of that year.
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Frequently asked questions
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 Continental Congress and the Constitutional Convention authored the Constitution. General George Washington was unanimously elected president of the Philadelphia convention. Gouverneur Morris, who chaired the convention's Committee of Style, is credited with coining the phrase "We the People".
The Constitution of the United States was written in 1787. It was presented to the convention on September 12, 1787, and the final vote on the Constitution took place on September 15, 1787. The document is dated September 17, 1787.
