The Constitution: What Made It Stick

The United States Constitution was signed on September 17, 1787, by 39 delegates, including George Washington, who was unanimously elected president of the Philadelphia convention. The Constitution was a pragmatic document that sought to balance the varied interests of large and small states, the mass of people and the wealthier elite, and those who supported and opposed human slavery. The signing of the Constitution was preceded by a convention in Philadelphia's Independence Hall in May 1787, where delegates from 12 states convened to amend the Articles of Confederation, which was the first constitution of the United States. The convention ultimately led to the proposal and creation of a new form of government, with a stronger, more centralized government. The Constitution was ratified by all states by May 29, 1790, and the Bill of Rights, comprising the first ten amendments, was ratified on December 15, 1791.

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A bill of rights

The United States Constitution was signed on September 17, 1787, by 39 delegates, including a declaration stating that the delegates' work had been successfully completed and that they subscribed to the final document. The US Constitution includes seven articles that define the basic framework of the federal government.

The Bill of Rights, the first ten amendments to the US Constitution, was proposed by the First Congress of the United States on September 25, 1789, as 12 amendments. Ten of these were ratified by three-fourths of the state legislatures on December 15, 1791, and became Amendments One through Ten of the Constitution. The Bill of Rights includes the following:

• No person shall be held to answer for a capital or infamous crime unless indicted by a Grand Jury, nor be deprived of life, liberty, or property without due process of law.
• The accused shall enjoy the right to a speedy and public trial by an impartial jury.
• Congress shall make no law respecting an establishment of religion or prohibiting the free exercise thereof.
• The powers not delegated to the United States by the Constitution are reserved for the states or the people.

The road to the Bill of Rights was not straightforward. Initially, supporters of the Constitution, known as Federalists, opposed a bill of rights, arguing that state governments were sufficient guarantors of personal liberty. Madison, for example, argued that a bill of rights would be unnecessary and even dangerous, as it would contain various exceptions to powers not granted. However, Anti-Federalists, including Elbridge Gerry, argued that a strong national government was a threat to individual rights and that a bill of rights was necessary.

By the fall of 1788, Madison had changed his mind and now supported the bill of rights, arguing that it would have positive effects and that it was necessary to ensure acceptance of the Constitution. Madison worked to persuade the House to enact amendments, and on October 2, 1789, President Washington sent a copy of the 12 amendments to each of the states.

A stronger, more centralized government

The United States Constitution, signed on September 17, 1787, was created to establish a stronger and more centralized government. The Articles of Confederation, which preceded the Constitution, had established a loose association among the states, with a central government that had very limited powers. Each state was largely independent, with its own legal system, constitution, and economic, trade, tax, and monetary policies. This led to a lack of stability and development in the young nation.

The Federalists, who favored a strong central government, believed that a weak federal government could not effectively lead the country. They wanted a government that could address issues such as paying off debt, regulating foreign and domestic commerce, maintaining a steady currency value, and protecting the country's interests from foreign violations. James Madison, a key advocate for a stronger central government, proposed a bicameral legislature, a separate judicial branch, and an executive branch independent of the other two. He also believed that the central government should have the right of taxation and the power to veto state laws.

The Antifederalists, on the other hand, favored a weaker national government and stronger state governments. They argued that states should protect their independence and not cede too much power to the national government. Notable figures such as Patrick Henry, George Mason, and Richard Henry Lee opposed the concentration of power in a central government.

To address these differing views, the framers of the Constitution made several compromises. They established a system of federalism, where certain powers were assigned exclusively to the national government, while others were reserved for the states, and some powers were shared between the two levels of government. The “Great Compromise” agreed upon a bicameral legislature, with a Senate and a House of Representatives, ensuring that each state had equal representation in the Senate while representation in the House was based on population.

The process of amending the Constitution was also established, requiring proposals to be adopted and ratified before becoming an operative part of the Constitution. This included procedures for adoption by Congress or a national convention and ratification by state legislatures or state ratifying conventions. The Constitution's main provisions, outlined in seven articles, define the basic framework of the federal government, including the legislative, executive, and judicial branches.

A republic, to prevent a powerful majority

The United States Constitution was signed on September 17, 1787, by 39 delegates who endorsed the constitution during the convention. The constitution was created to establish a federal government with a legislative branch, or Congress, consisting of a Senate and House of Representatives.

The United States Constitution guarantees a republican form of government to every state in the Union. The republican form of government is characterised by popular sovereignty, majority rule, and the absence of monarchy. James Madison, a key figure in the creation of the Constitution, argued in favour of a republic, claiming that the vastness of the country would counterbalance various political interest groups vying for power. Madison wrote:

> "The smaller the society, the fewer probably will be the distinct parties and interests composing it; the fewer the distinct parties and interests, the more frequently will a majority be found of the same party, and the more easily will they concert and execute their plans of oppression."

Madison believed that by extending the size of the republic, the country would be less vulnerable to factions within it. This view was shared by other Founding Fathers, who recognised the need for a strong general government.

The creation of the US Constitution was a lengthy process that involved much debate and compromise. The Founding Fathers, such as Madison, played a critical role in shaping the document and ensuring its acceptance.

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Direct taxation according to representation

The United States Constitution was signed on September 17, 1787, by 39 delegates, marking the completion of the document. The signing was preceded by a week of compromise, during which the delegates agreed that direct taxation would be according to representation. This compromise was crucial in preventing a total collapse of the convention.

The agreement on direct taxation stated that taxation would be based on representation in the lower house, which was determined by the number of white inhabitants and three-fifths of the "other people." This compromise was an essential step towards establishing a general government and resolving the crisis over representation.

The power to impose taxes, tariffs, and other means of raising federal revenue, as well as to authorise federal fund expenditures, is among the most significant powers specified in the Constitution. The Constitution grants Congress the authority to establish a national income tax and exercise the "power of the purse," giving it significant control over the executive branch.

The inclusion of direct taxation according to representation in the Constitution reflects the pragmatic nature of the document, aiming to balance the interests of large and small states, the general population, and the wealthy elite. The Constitution also addressed the issue of slavery, with the three-fifths compromise, which remained in place until 1808.

The process of adopting and ratifying amendments to the Constitution is well-defined. Amendments can be proposed by a two-thirds majority in both the Senate and the House of Representatives or through a national convention requested by two-thirds of the state legislatures. Ratification requires the approval of three-fourths of the states, either through the consent of state legislatures or state ratifying conventions.

Amendments to be adopted and ratified

Amendments to the US Constitution are proposed and ratified through a two-step process. Firstly, a proposal for an amendment must be adopted by a two-thirds majority in both the Senate and the House of Representatives, or by a national convention requested by two-thirds of state legislatures. Once the proposal has been adopted, it must be ratified by three-fourths of the states (38 out of 50) through either the consent of state legislatures or state ratifying conventions.

The US Constitution has been amended infrequently, with only 17 amendments ratified outside of the Bill of Rights. The first ten amendments to the Constitution, known as the Bill of Rights, were proposed by Congress almost immediately after the new government was formed. These amendments were introduced by James Madison and were born out of the Massachusetts Compromise, which stipulated that amendments guaranteeing certain basic protections to the people, such as freedom of speech, religion, and press, would be immediately proposed. On September 25, 1789, Congress adopted 12 of Madison's 17 proposed amendments, sending them to the states for ratification. Ten of these amendments, the Bill of Rights, were ratified on December 15, 1791.

The other seven amendments that have been ratified outside of the Bill of Rights include Amendment X, which reserves to the states or to the people all the powers not specifically granted to the federal government, and Amendment XVI, which authorized Congress to establish a national income tax.

The process of amending the Constitution is designed to be difficult, requiring supermajorities in both houses of Congress or a national convention, followed by ratification by three-fourths of the states. This ensures that any changes to the Constitution reflect the consensus of the American people and preserves the basic structure, functions, and powers of the federal government.

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