Jonah Patel
The United States Constitution was ratified in 1787, but not without opposition. The Federalists supported the Constitution, while the Anti-Federalists opposed it because it created a powerful central government, reminiscent of the one they had just overthrown, and it lacked a bill of rights. The Anti-Federalists only agreed to ratify the Constitution if amendments were made to secure individual liberties. The delegates, representing diverse interests and views, crafted compromises and created a powerful central government, wary of centralized power and loyal to their states. The Constitution prohibited ex post facto laws and bills of attainder, protected property rights and fair trial rights, and prevented state laws from harming national welfare or citizen rights. The Supreme Court was given appellate jurisdiction over state laws, and congressional power was protected by prohibiting taxes or restraints on interstate commerce and foreign trade.
| Characteristics | Values |
|---|---|
| Enforcement powers | Lacked enforcement powers |
| Commerce regulation | Couldn't regulate commerce |
| Printing money | Couldn't print money |
| Bill of rights | Lacked a bill of rights |
| Power centralization | Created a powerful central government |
| Ratification | Ratified by 9 of 13 states |
| Election rules | Set by state legislatures |
| Supreme Court | Rejected Congressional veto of state laws |
| Senate representation | Every state was to have equal representation in the Senate |
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What You'll Learn
No enforcement powers
America's first constitution, the Articles of Confederation, gave the Confederation Congress the authority to make rules and request funds from the states, but it lacked enforcement powers, the ability to regulate commerce, and the ability to print money. The states' disagreements over territory, war pensions, taxation, and trade threatened to tear the fledgling country apart. Alexander Hamilton played a crucial role in persuading Congress to organize a Grand Convention of state delegates to revise the Articles of Confederation.
The Constitutional Convention, which assembled in Philadelphia in May 1787, was tasked with revising the existing government, but instead, they created a completely new one. The delegates, representing diverse interests and views, crafted compromises and established a powerful central government. They bypassed the state legislatures, opting for special ratifying conventions in each state. Ratification by 9 of the 13 states was required to enact the new government, and on June 21, 1788, New Hampshire became the ninth state to ratify.
The Federalists, supporters of a strong central government, faced opposition from the Anti-Federalists, who were wary of centralized power and loyal to their states. The Anti-Federalists fought against the Constitution as it created a powerful central government reminiscent of the one they had overthrown, and it initially lacked a bill of rights. The ratification process was intense, with the Federalists needing to convert at least three states. The tide turned in Massachusetts, where the "vote now, amend later" compromise helped secure victory and eventually tipped the balance in the final holdout states.
The Constitution prohibited ex post facto laws and bills of attainder to safeguard citizens' property rights and right to a fair trial. It protected congressional power by forbidding taxes or restraints on interstate commerce and foreign trade. The delegates rejected proposals for congressional veto power over state laws and instead gave the Supreme Court appellate jurisdiction over state laws, recognizing the Constitution as the supreme law of the land. This unique power-sharing arrangement, unprecedented at the time, balanced centralized government with a "confederation of sovereign constituent states."
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Lack of a bill of rights
The United States Constitution, which was written in 1787, was missing a Bill of Rights when it was first passed. The Federalists, who supported the Constitution, and the Anti-Federalists, who opposed it, had differing views on the role of the federal government and the protection of individual liberties.
The Federalists, who believed in a strong central government, argued that the Constitution did not need a Bill of Rights. They asserted that the government could only exert the powers specified in the Constitution and that any powers not explicitly granted to the federal government were reserved for the states or the people.
On the other hand, the Anti-Federalists wanted power to remain with state and local governments. They favoured a Bill of Rights to safeguard individual liberty and ensure that the federal government's power was limited. George Mason, one of the delegates present on the final day of the convention, refused to sign the Constitution because it lacked a bill of rights, and he wrote a pamphlet that persuaded many Americans to oppose the new government.
James Madison, a supporter of the Constitution, initially argued that a Bill of Rights was unnecessary. However, he later introduced a list of amendments to the Constitution, known as the Bill of Rights, on June 8, 1789. Madison recognised the importance voters attached to these protections and the role they could play in educating people about their rights.
The House of Representatives passed a joint resolution containing 17 amendments based on Madison's proposal, while the Senate approved 12 of these amendments, which were sent to the states for ratification in August 1789. By December 15, 1791, three-fourths of the states had ratified 10 of these amendments, which became the Bill of Rights. These amendments guaranteed personal freedoms, such as freedom of speech, the right to publish, practice religion, possess firearms, and assemble, as well as other natural and legal rights. They also explicitly declared that powers not specifically granted to the federal government were reserved for the states or the people.
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No power to regulate commerce
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, and couldn’t print money. The states’ disputes over territory, war pensions, taxation, and trade threatened to tear the young country apart.
In 1787, political dissatisfaction with the economic situation led to a convention in Philadelphia to remedy the situation. The new Constitution addressed debtor relief laws with the Contracts Clause of Article I, Section 10, which barred states from impairing the obligation of contracts.
To address the problems of interstate trade barriers and the ability to enter into trade agreements, the Constitution included the Commerce Clause, which grants Congress the power "to regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes." Moving the power to regulate interstate commerce to Congress would enable the creation of a free trade zone among the states.
The Commerce Clause, or Article 1, Section 8, Clause 3 of the U.S. Constitution, has been interpreted differently over the years. While it has been used to justify exercising legislative power over the activities of states and their citizens, it has also been viewed as a restriction on the regulatory authority of the states. The Supreme Court's early interpretations focused on the meaning of "commerce" while paying less attention to the meaning of "regulate". The Constitution does not explicitly define the word "commerce", leading to debates over the extent of the powers granted to Congress by the Commerce Clause.
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No power to print money
The United States Constitution, one of the longest-lived and most emulated constitutions in the world, was signed by 38 delegates on September 17, 1787, with George Reed signing on behalf of John Dickinson of Delaware, bringing the total number of signatures to 39. The delegates were tasked with revising the existing government but ended up creating a new one. They were wary of centralized power and loyal to their states, so they crafted a powerful central government that represented a variety of interests and views.
The Constitution was created to address the shortcomings of the Articles of Confederation, which was America's first constitution. The Articles of Confederation gave the Confederation Congress the authority to make rules and request funds from the states, but it lacked enforcement powers, the ability to regulate commerce, and the power to print money. The young nation faced disputes over territory, war pensions, taxation, and trade, which threatened to tear it apart.
The power to print money was a significant omission from the Articles of Confederation. This meant that the central government had no authority to issue currency or control the money supply. As a result, the country faced challenges in managing its economy and could not effectively respond to financial crises or economic downturns.
The lack of a central authority to print money also led to inconsistencies in the value of money across different states. Each state had its own currency, which was often backed by different commodities, such as gold, silver, or land. This created confusion and instability in interstate commerce, as the value of money varied depending on the state and the backing commodity.
Recognizing the need for a uniform currency, the delegates at the Constitutional Convention included the power to print money in the new Constitution. This power was granted to Congress, which was given the authority to "coin Money [and] regulate the Value thereof." This provision ensured that the United States would have a single, consistent currency that could be used across all states, facilitating interstate commerce and a more stable economy.
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No protection against quartering acts
The Quartering Acts were a series of punitive acts passed by the British Parliament in the years leading up to the American Revolutionary War. The acts required local authorities in the Thirteen Colonies of British North America to provide British Army personnel with housing and food. The first of these acts was passed in 1765, and it required the Thirteen Colonies to provide food for British Army troops and to lodge them in public buildings if there was insufficient space in barracks. The Quartering Act of 1774, passed after the Boston Tea Party, was more punitive and allowed royal governors to find homes and buildings to quarter British soldiers.
The Quartering Acts were a significant source of tension between the colonies and the British government, and they were listed as one of the "repeated injuries and usurpations" in the Declaration of Independence. The acts were seen as a threat to American liberty, as they allowed for the presence of standing armies in American cities during peacetime. This led to resentment and anger among colonial leaders, and the issue of quartering troops in private homes became a major grievance during the Revolutionary War.
The Third Amendment to the United States Constitution, introduced in 1789 by James Madison, was a direct response to the Quartering Acts. The amendment prohibits the federal government from forcing individuals to provide lodging to soldiers in their homes during peacetime without their consent. The amendment was requested by several states during the Constitutional ratification debates and reflected the lingering resentment over the Quartering Acts.
The Third Amendment has been among the least cited sections of the U.S. Constitution, as the country has experienced little conflict on American soil. However, it has been invoked in a few instances to establish an implicit right to privacy. While no major Supreme Court decision has primarily based itself on the Third Amendment, legal historian Tom W. Bell argued in 1993 that the quartering of American soldiers during the War of 1812 and the American Civil War violated the amendment.
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Frequently asked questions
The US Constitution was missing a procedure for amending the document. Article V outlines the process for making amendments, which involves a proposal being adopted by two-thirds of both houses of Congress or by a national convention requested by two-thirds of state legislatures.
The Constitution needed to address states' disputes over territory, war pensions, taxation, and trade, which threatened to tear the country apart.
The "missing 13th Amendment" was called the "Titles of Nobility Amendment" (TONA). It aimed to ban American citizens from receiving foreign titles of nobility or favours without congressional approval. While it was passed by both the Senate and the House, it was never ratified by the federal government.
The first official amendment to the Constitution was the First Amendment, which is part of the Bill of Rights. It was ratified on December 15, 1791, along with the rest of the Bill of Rights, which includes the Second and Third Amendments.
