Eleanor Finch
The United States Constitution is one of the longest-lived and most emulated constitutions in the world. The road to its creation was long and complex, but three historical agreements paved the way for its eventual ratification in 1789. The first was the Articles of Confederation, America's first constitution, which established a weak central government and a loose confederation of sovereign states. The second was the Constitutional Convention in Philadelphia in 1787, which saw delegates from all 13 states meet to revise the Articles of Confederation but ultimately led to the creation of a new form of government. The third was the Connecticut Compromise, which resolved a crisis over representation and set the stage for the final ratification of the Constitution by all states in 1790.
| Characteristics | Values |
|---|---|
| Date of agreement | May to September 1787 |
| Location | Philadelphia |
| Purpose | To revise the Articles of Confederation |
| Outcome | A new form of government with a stronger central government |
| Key figures | James Madison, Alexander Hamilton, George Washington, Gouverneur Morris, Robert Morris, Benjamin Franklin, Thomas Jefferson |
| Compromises | Representation based on population and equally among states; enslaved Africans counted as three-fifths of a person; slave trade allowed until 1808 |
| Ratification | Required ratification by 9 of 13 states; first ratified by Delaware on December 7, 1787; came into effect in 1789 |
| Amendments | Madison introduced 17 amendments, 12 of which were sent to the states for ratification; 10 amendments, the Bill of Rights, were ratified on December 15, 1791 |
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What You'll Learn
The Articles of Confederation
The Articles provided for a one-house legislature, a weak executive, no national power of taxation, a lack of standard currency, and voting by state. These flaws would eventually lead to its failure. Divisions among the states and even local rebellions threatened to destroy the fruits of the Revolution. Nationalists, led by James Madison, George Washington, Alexander Hamilton, John Jay, and James Wilson, almost immediately began working toward strengthening the federal government. In 1785, Madison and Washington were in the midst of a written conversation about ways to create a stronger national government.
In 1786, delegates from five states met in Annapolis, Maryland, to discuss barriers to trade under the Articles of Confederation. The commissioners decided that not enough states were represented to make any substantive agreement. The following year, 1787, a national constitutional convention took place in Philadelphia, with representatives from all 13 states. The initial purpose of the convention was to amend the Articles of Confederation, but the delegates ultimately decided to create a completely new form of government.
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The Constitutional Convention
The convention was attended by delegates from all 13 states, including notable figures such as James Madison, Alexander Hamilton, and General George Washington, who was unanimously elected president of the convention. The delegates initially intended to revise the Articles of Confederation, but as debates progressed, it became clear that a completely new form of government was needed. The convention witnessed heated discussions over congressional representation, slavery, and the structure of the government.
One of the fiercest debates centred on congressional representation. The delegates eventually compromised by agreeing that representation in the lower house would be based on population, with each state receiving one representative for every 30,000 people in the House of Representatives and two representatives in the Senate. They also agreed to count enslaved Africans as three-fifths of a person, temporarily resolving the contentious issue of slavery by allowing the slave trade to continue until 1808.
The delegates to the Constitutional Convention created a model of government that incorporated a system of checks and balances. They divided federal authority among the legislative, judicial, and executive branches, with the expectation that the Senate would handle important issues like treaty ratification while the executive would manage less significant matters. The resulting United States Constitution established a federal government with more explicit powers, particularly in the area of conducting foreign relations.
The convention concluded on September 17, 1787, with 38 delegates signing the Constitution, and one delegate signing on behalf of an absent representative, for a total of 39 signatures. The delegates had created a powerful central government, striking a balance between their diverse interests and views. The Constitution was then ratified by the necessary number of states and came into effect in 1789, forming the basis of the United States Government that continues to endure and evolve.
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The Philadelphia Convention
The Articles of Confederation had established a loose confederation of states with a weak central government, and it had become apparent that a stronger, more centralized government was necessary for the country's stability. The delegates to the Philadelphia Convention, including prominent figures such as George Washington, Alexander Hamilton, and James Madison, shared the goal of creating a more effective national government.
The convention was marked by intense debates and compromises. One of the fiercest arguments centred on congressional representation, with delegates compromising by agreeing to representation in the House of Representatives based on population and equal representation in the Senate. The issue of slavery was also contentious, and a temporary resolution was reached, allowing the slave trade to continue until 1808.
The delegates ultimately decided to abandon the Articles of Confederation and create a new form of government. They established a federal government with defined powers, including the authority to conduct foreign relations. To address the weaknesses of the previous government, they created a system of checks and balances, dividing federal authority between the legislative, judicial, and executive branches.
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Checks and balances
The US Constitution was the result of three historical agreements that paved the way for a stronger, more centralised government. The first constitution, the Articles of Confederation, had created a loose confederation of sovereign states with a weak central government, which led to divisions among the states and local rebellions. Nationalists, led by James Madison, Alexander Hamilton, and George Washington, began working towards strengthening the federal government. This led to the Constitutional Convention in Philadelphia in 1787, which aimed to amend the Articles of Confederation. However, the delegates ultimately decided to create a completely new form of government, establishing a federal government with more specific powers, including the authority to conduct foreign relations. The final agreement was the signing of the new US Constitution by 38 out of 41 delegates on September 17, 1787.
The delegates to the Constitutional Convention created a system of checks and balances by dividing federal authority among the Legislative, Judicial, and Executive branches of government. This was a response to the weaknesses of the Articles of Confederation, which had bogged down important business with paperwork and lacked the power to pass or enforce laws that individual states found counter to their interests.
The framers of the Constitution originally envisioned a weak presidency and a strong legislature divided into the House of Representatives and the Senate. They intended for the Senate to handle significant issues, especially the ratification of treaties, while the Executive would handle less consequential matters. To address the problems of the weak central government under the Articles of Confederation, the new federal government was given specific powers, particularly in conducting foreign relations.
The establishment of the Executive branch was also a response to the need to deal with routine paperwork that had slowed down the legislative process under the Articles of Confederation. The Constitution did not specify the existence of departments within the Executive branch, but Congress recognised the need for such departments immediately. In its first session in 1789, Congress created the Department of Foreign Affairs, later renamed the Department of State, to manage foreign affairs.
The system of checks and balances was designed to ensure that no single branch of government held too much power. Each branch had specific responsibilities and powers to balance the powers of the other branches. The Legislative branch, for example, was responsible for creating laws, while the Executive branch was tasked with enforcing those laws. The Judicial branch, meanwhile, had the power to review and interpret the laws and ensure they were constitutional.
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Ratification and amendments
The process of ratification and amendments to the US Constitution was a complex and lengthy endeavour, spanning several years and involving intense debates and compromises. Here is a detailed overview of the ratification process and the amendments made:
Ratification
The Constitutional Convention in Philadelphia, which took place from May to September 1787, addressed the weaknesses of the central government under the Articles of Confederation. The convention aimed to amend the Articles, but ultimately led to the creation of a new form of government with a stronger federal structure. The final version of the Constitution was signed by 38 delegates on September 17, 1787, marking the conclusion of the convention.
The ratification process involved special ratifying conventions in each state, bypassing state legislatures to avoid resistance to centralising power. Delaware became the first state to ratify the Constitution on December 7, 1787, followed by Pennsylvania, New Jersey, Georgia, and Connecticut. The ratification process faced opposition from Anti-Federalists, who argued that the Constitution created a powerful central government and lacked a bill of rights.
Amendments
The ""vote now, amend later"" compromise played a crucial role in securing ratification in several states, including Massachusetts. This compromise led to the inclusion of a Bill of Rights, which addressed concerns about the protection of rights such as freedom of speech, religion, and the press. Madison introduced 17 amendments, and Congress adopted twelve of them on September 25, 1789, sending them to the states for ratification. Ten of these amendments, known as the Bill of Rights, were ratified on December 15, 1791.
The Constitution was not ratified by all states until May 29, 1790, when Rhode Island approved the document. The ratification process, which required the approval of 9 out of 13 states, was a challenging and closely contested endeavour, reflecting the diverse interests and views of the delegates and states. The final ratification established a federal government with specific powers, including the authority to conduct foreign relations.
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Frequently asked questions
The Articles of Confederation, America's first constitution, was the initial agreement that paved the way for the US Constitution. It was adopted by the Continental Congress in 1777 and ratified by all thirteen states in 1781. However, it had several flaws, including a weak central government, lack of national power of taxation, and no standard currency, which led to calls for a stronger central government.
The Constitutional Convention, also known as the Philadelphia Convention, met in 1787 to address the weaknesses of the central government under the Articles of Confederation. The delegates, including James Madison, Alexander Hamilton, and George Washington, proposed a completely new form of government with a stronger central government and specific powers, including those related to conducting foreign relations.
The final agreement was the US Constitution itself, which emerged from the Constitutional Convention. It established a federal government with three branches—legislative, judicial, and executive—and a system of checks and balances to divide federal authority. The Constitution was signed by 38 out of 41 delegates on September 17, 1787, and ratified by the necessary number of states in 1789.
