Simone Lawson
The U.S. Constitution, which came into effect in 1789, is the fundamental framework of America's system of government. It was signed on September 17, 1787, by 38 delegates (39 signatures in total), and it was an extraordinary achievement. The Constitution was a result of three months of intense debate, and it replaced America's first constitution, the Articles of Confederation, which had no enforcement powers and couldn't regulate commerce or print money. The new Constitution created a powerful central government, and it addressed issues like territory disputes, war pensions, taxation, and trade. To become operational, the Constitution needed to be ratified by nine of the 13 states, and this was achieved on June 21, 1788, when New Hampshire became the ninth state to ratify. The Constitution has been amended 27 times since it came into effect, and it continues to be the supreme law of the land.
| Characteristics | Values |
|---|---|
| Ratification by states | Ratification by 9 of the 13 states enacted the new government. |
| A supreme power | A "supreme power" capable of exercising necessary authority, not a shadow government. |
| Protection of the slave trade | Protection of the importation of slaves for 20 years. |
| Compromises | Compromises were crafted to hold the Union together. |
| Separation of powers | Separation of powers into three branches: legislative, executive, and judicial. |
| System of checks and balances | A system of checks and balances to ensure no branch has too much power. |
| Division of power | Division of power between the states and the federal government. |
| Amendment process | Amendments become part of the Constitution when ratified by three-fourths of the states. |
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What You'll Learn
Ratification by 9 of the 13 states
The U.S. Constitution is the fundamental framework of America's system of government. It separates the powers of government into three branches: the legislative branch, which makes the laws; the executive branch, which executes the laws; and the judicial branch, which interprets the laws. The Constitution also sets up a system of checks and balances to ensure no one branch has too much power, and it divides power between the states and the federal government.
The Constitution did not go into effect immediately after it was signed by the delegates on September 17, 1787. Instead, it needed to be ratified by the people. Article VII of the Constitution established that ratification by nine of the thirteen states would be sufficient to enact the new government. This process of ratification was necessary to address the concerns about the Articles of Confederation, America's first constitution, which gave the Confederation Congress the power to make rules and request funds from the states but lacked enforcement powers and the ability to regulate commerce or print money.
The delegates who crafted the Constitution were wary of centralized power and loyal to their states, so they created a powerful central government that addressed these concerns. However, the ratification process was not without opposition. The Anti-Federalists fought against the Constitution because it created a strong central government, reminding them of the one they had recently overthrown, and it lacked a bill of rights.
On June 21, 1788, New Hampshire became the ninth state to ratify the Constitution, with South Carolina's acceptance in May. This triggered the establishment of a committee "for putting the said Constitution into operation." The Confederation Congress then set March 4, 1789, as the date to begin operating the new government under the Constitution.
The ratification of the Constitution by nine states was a critical step in enacting the new government and transforming the framework for America's system of government.
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Compromises on slavery
The Constitution of the United States, drafted in 1787, contained several compromises on slavery to ensure the support of southern delegates for a strong central government. Notably, the word "slave" was consciously avoided in the Constitution, though slavery was protected and referenced across the document.
One of the key compromises was the Three-Fifths Compromise, which provided that three-fifths of a state's slave population would be counted for representation and taxation purposes. This gave southern states extra representation in the House of Representatives and extra votes in the Electoral College, leading to an increase in political power for slave-holding states.
Another compromise was the inclusion of a provision banning the importation of slaves starting in 1808. Initially, there was debate over whether the ban should start in 1800 or 1808, with the latter being chosen to ensure the support of southern states. This provision, known as the Slave Trade Clause or the Importation Clause, prohibited the federal government from restricting the importation of slaves for twenty years after the Constitution took effect.
The Fugitive Slave Clause was another important compromise, requiring escaped slaves to be returned to their owners. This clause was enforced by the federal government and led to additional fugitive slave laws in the 19th century.
The Compromise of 1850, which included the admission of California as a free state and the allowance of slavery in the Territory of New Mexico, also demonstrated the ongoing compromises over slavery.
These compromises reflected the tension between northern and southern states and the desire to maintain a strong union. While some argued that these compromises were necessary for the formation of the United States, others viewed the Constitution as a pro-slavery document that contradicted the ideals of liberty and justice.
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A powerful central government
The creation of a powerful central government was a key concern during the drafting of the US Constitution. The Federalists, including James Madison, Alexander Hamilton, and George Washington, believed that a strong central government was necessary to prevent the young country from collapsing and to address its challenges. They were wary of centralized power and loyal to their states, but they recognized the need for a more effective government than the one provided by the Articles of Confederation, which lacked enforcement powers and the ability to regulate commerce or print money.
The Anti-Federalists, on the other hand, strongly opposed the creation of a powerful central government, as it reminded them of the monarchy they had recently overthrown. They argued for a more decentralized form of government, with power remaining primarily in the hands of the states. The Anti-Federalists also criticized the lack of a bill of rights in the original Constitution.
To address these concerns, the delegates at the Constitutional Convention crafted compromises. They agreed to protect the slave trade for 20 years and to allow states to count three-fifths of their slave population for representation in the federal government. They also adopted the Connecticut Compromise, which proposed a Congress with proportional representation in the lower house and equal representation in the Senate, giving each state two senators.
The Federalists needed to convince at least three states to ratify the Constitution, and they achieved this through a "vote now, amend later" strategy. On June 21, 1788, New Hampshire became the ninth state to ratify, and the Confederation Congress established March 4, 1789, as the date to begin operating the new government under the Constitution. The Constitution put governance in the hands of the people and separated the powers of government into three branches: the legislative, executive, and judicial branches, with a system of checks and balances to ensure no one branch became too powerful.
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Amendments to the Articles of Confederation
The Articles of Confederation, America's first constitution, gave the Confederation Congress the power to make rules and request funds from the states. However, it had no enforcement powers, couldn't regulate commerce, and couldn't print money. The states' disputes over territory, war pensions, taxation, and trade threatened to destabilise the country. Throughout the 1780s, Congress attempted to amend the Articles of Confederation to address these issues. Some of these efforts tried to empower Congress by granting it temporary powers to tax or regulate commerce. However, even these amendments failed to gain the necessary approval of all thirteen state legislatures.
The Articles of Confederation also barred states from entering into any "conference, agreement, alliance, or treaty" with a foreign government. However, the central government lacked the power to enforce this, as it lacked domestic and international authority. This, along with concerns about trade and the need for a uniform economic system, alarmed Founders like George Washington, James Madison, and Alexander Hamilton. In September 1786, delegates from five states met in Annapolis, Maryland, to discuss changing the Articles of Confederation. The group recommended that a meeting of all thirteen states be held the following May in Philadelphia, leading to the Constitutional Convention of 1787, which started the process of replacing the Articles of Confederation.
The Constitutional Convention of 1787 was tasked with revising the existing government, but instead created a completely new one. The delegates, representing wildly different interests and views, crafted compromises to hold the Union together. For example, to satisfy interests in the South, the delegates agreed to protect the slave trade for 20 years and allow states to count three-fifths of their slaves as part of their populations for representation in the federal government. The delegates also adopted the Connecticut Compromise, which proposed a Congress with proportional representation in the lower house and equal representation in the upper house (the Senate), giving each state two senators.
The new Constitution was signed by 39 delegates on September 17, 1787. However, ratification by nine of the thirteen states was required for it to come into effect. The Federalists, who supported the Constitution, needed to convert at least three states, as only six of the thirteen states initially reported a pro-Constitution majority. The Anti-Federalists opposed the Constitution because it created a powerful central government and lacked a bill of rights. The ratification campaign was hard-fought, and the Federalists only secured victory in several states by promising future amendments. The call for a bill of rights was the Anti-Federalists' most powerful weapon.
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The separation of powers
The US Constitution is the fundamental framework of America's system of government. It separates the powers of government into three branches: the legislative, executive, and judicial.
The legislative branch is responsible for making laws. It includes Congress, which has the power to pass laws and amend the Constitution. The legislative branch also includes various committees and subcommittees that specialise in different areas, such as foreign policy or appropriations (managing government funds).
The executive branch is responsible for executing and enforcing the laws. This includes the President, who is the head of state and government, as well as the departments and agencies that carry out the day-to-day functions of the government, such as the Department of State or the Department of Defense.
The judicial branch interprets the laws and ensures that the other two branches are functioning within their prescribed powers. The Supreme Court is the highest court in the land and has the final say on interpreting the Constitution.
The Constitution also divides power between the federal government and the states. The federal government has power over issues that affect the nation as a whole, such as national defence, foreign policy, and interstate commerce. The states have power over more local issues, such as education, transportation, and law enforcement.
The ideas of unalienable rights, the separation of powers, and the structure of the Constitution were largely influenced by European Enlightenment thinkers, like Montesquieu, John Locke, and others. The English Bill of Rights (1689) was also an inspiration, requiring jury trials, guaranteeing the right to keep and bear arms, prohibiting excessive bail, and forbidding cruel and unusual punishments.
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Frequently asked questions
The Constitution was signed on September 17, 1787, and it needed to be approved by the people through the ratification process. Article VII of the Constitution established that ratification by nine of the thirteen states was required for the new government to be enacted. On June 21, 1788, New Hampshire became the ninth state to ratify. The Confederation Congress then established March 4, 1789, as the date to begin operating the new government under the Constitution.
James Madison is often referred to as the "Father of the Constitution" as many of his ideas were incorporated into the document. He played a driving force role throughout the summer of 1787, and his notes from the convention provide valuable insights into the proceedings. Madison also played a crucial role in ensuring the ratification of the Constitution by Virginia and New York, along with Alexander Hamilton.
The Federalists, who supported the Constitution, faced strong opposition from the Anti-Federalists. The Anti-Federalists argued that the Constitution created a powerful central government that reminded them of the one they had overthrown, and they also criticized the lack of a bill of rights. The Federalists needed to convert at least three states, and the ratification campaign was closely contested.
The ratification process ensured that the Constitution was approved by the people and became the supreme law of the land. It established a framework for the United States government, separating the powers into three branches: legislative, executive, and judicial. The Constitution also set up a system of checks and balances to ensure no one branch had too much power and divided power between the states and the federal government.
