Isabella Carter
The Constitution of the United States is the supreme law of the United States of America. It superseded the Articles of Confederation, the original constitution, on March 4, 1789. The Articles of Confederation created a loose confederation of sovereign states with a weak central government, leaving most of the power with the state governments. The Articles were ratified on March 1, 1781, but their limitations became increasingly apparent, and Nationalists led by James Madison, George Washington, Alexander Hamilton, John Jay, and James Wilson began working toward strengthening the federal government. The Constitution, drafted at the Constitutional Convention of 1787, aimed to remedy the problems of the Articles by uniting the states as members of a whole and vesting the power of the union in the people.
| Characteristics | Values |
|---|---|
| Original name | Articles of Confederation |
| First written constitution of an independent polity | The 1755 Corsican Constitution |
| Date of adoption | November 15, 1777 (adopted by Continental Congress); March 1, 1781 (ratified by states) |
| Type of government | Confederation of sovereign states with a weak central government |
| Number of states | 13 |
| Amendments | 27 |
| First 10 amendments | The Bill of Rights |
| Date of operationalisation | 1789 |
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What You'll Learn
The Articles of Confederation
The weaknesses of the Articles of Confederation became increasingly apparent, and nationalists led by prominent figures such as James Madison, George Washington, Alexander Hamilton, and John Jay began working towards strengthening the federal government. The Constitutional Convention of 1787 effectively ended the era of the Articles of Confederation, and the new Constitution was signed on September 17, 1787, superseding the Articles as the supreme law of the United States.
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The Connecticut Compromise
The Constitution of the United States is the oldest and longest-standing written and codified national constitution in force in the world. It superseded the Articles of Confederation, the first constitution of the United States, on March 4, 1789. The Articles of Confederation created a loose confederation of sovereign states and a weak central government, leaving most of the power with the state governments.
The compromise was offered by Connecticut delegates Roger Sherman and Oliver Ellsworth to solve the dispute between small and large states over representation in the new federal government. It provided for a bicameral federal legislature that used a dual system of representation. The upper house would have equal representation from each state, while the lower house would have proportional representation based on a state’s population. This compromise held the Union together and aided the Constitution's ratification, but slavery continued for six more decades, and the less populous states continued to have disproportional representation in the U.S. Senate and Electoral College.
The problem was referred to a committee consisting of one delegate from each state to reach a compromise. On July 5, 1787, the committee submitted its report, which became the basis for the "Great Compromise" of the Convention. The report recommended that in the upper house, each state should have an equal vote, and in the lower house, each state should have one representative for every 40,000 inhabitants, counting three-fifths of each state's enslaved population toward that state's total population. It also recommended that money bills should originate in the lower house.
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The Doctrine of Separation of Powers
The United States Constitution, which came into force in 1789, is the oldest and longest-standing written and codified national constitution in the world. It superseded the Articles of Confederation, which were the first constitution of the United States, creating a loose confederation of sovereign states and a weak central government.
The Constitution's first three articles embody the doctrine of the separation of powers, dividing the federal government into three distinct branches: the legislative, executive, and judicial. The legislative branch consists of the bicameral Congress, which has the power to create laws or statutes. The executive branch consists of the President and subordinate officers, who have certain executive powers such as the appointment of federal officials. The judicial branch consists of the Supreme Court and other federal courts, which interpret the law and hear cases.
The separation of powers doctrine aims to prevent a concentration of power by any one branch and ensure that no one branch takes over another's duties. This system is also known as checks and balances, with each branch having certain powers to block another branch from overstepping its duties. The Supreme Court has elaborated on the separation of powers doctrine in several cases, addressing the three branches of government and determining when one branch's actions have infringed upon the core functions of another.
The concept of separation of powers has been further elaborated in other provisions of the Constitution beyond the first three articles. For example, the Supreme Court in Marbury v. Madison interpreted Article VI as forbidding Congress from exercising its legislative power in a manner inconsistent with the Nation's Founding document. Additionally, Article II's Appointments Clause addresses the respective roles of the President and Congress in appointing federal officials, while Article III's Vesting Clause states that the judicial power of the United States shall be vested in the Supreme Court and any inferior courts established by Congress.
The idea of separation of powers has evolved over time, with the English Civil War and the English system of government influencing the development of the doctrine. The Instrument of Government, written by English general John Lambert in 1653, proposed a tripartite system with a legislative branch and two executive branches, all with checks and balances upon each other. The French Enlightenment political philosopher Montesquieu also contributed to the concept, describing the distribution of political power among a legislature, an executive, and a judiciary in his work "The Spirit of Law" (1748).
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The Bill of Rights
The first constitution of the United States was the Articles of Confederation, which were adopted on November 15, 1777, and ratified on March 1, 1781. This document created a loose confederation of sovereign states with a weak central government, leaving most of the power with the state governments.
The Articles of Confederation had several limitations, including:
- The central government was very weak and lacked an executive official or a judicial branch.
- The Articles Congress had only one chamber, and each state had one vote, reinforcing the power of the states to act independently.
- A supermajority of 9 out of 13 states was required to pass any laws, making it difficult to pass legislation affecting all states.
- The document was practically impossible to amend as it required unanimous consent from all 13 states.
- The central government lacked the power to enforce a common currency, and each state had its own money system, making trade difficult.
- The Confederation government was unable to settle Revolutionary War-era debts and lacked the power to tax.
Due to these limitations, Nationalists led by James Madison, George Washington, Alexander Hamilton, John Jay, and James Wilson began working towards strengthening the federal government. The Constitutional Convention of 1787 effectively ended the era of the Articles of Confederation, and the new Constitution was signed by 39 delegates on September 17, 1787.
The first ten amendments to the Constitution, known collectively as the Bill of Rights, offer specific protections of individual liberty and justice and place restrictions on the powers of the government within the U.S. states. The Bill of Rights was a crucial component of the Constitution, and its inclusion was a condition for the ratification of the Constitution by many states. Congress proposed 12 amendments in September 1789, and 10 were ratified by the states, with their adoption certified on December 15, 1791.
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The Continental Congress
The Articles of Confederation created a loose confederation of sovereign states, with a weak central government and most of the power resting with the state governments. This proved problematic, as the central government lacked the power to effectively govern and was unable to address issues such as state debts, interstate commerce, and domestic and international rivalries. The Articles also made it difficult to pass legislation, as it required a supermajority of 9 out of 13 states to pass any laws, and any amendments required unanimous consent from all 13 states.
The weaknesses of the Articles of Confederation became increasingly apparent in the years following the Revolutionary War. Divisions among the states and local rebellions, such as Shays' Rebellion in 1786-87, threatened to undo the gains of the Revolution. Nationalists, led by figures such as James Madison, Alexander Hamilton, and George Washington, began working towards strengthening the federal government and creating a more unified nation.
The efforts of the Continental Congress and the subsequent work of the Constitutional Convention of 1787 led to the creation of the United States Constitution, which superseded the Articles of Confederation on March 4, 1789. The Constitution established a stronger federal government with a system of checks and balances, dividing power between the legislative, executive, and judicial branches. It also created a more unified nation, uniting citizens as members of a whole and vesting the power of the union in the people. The Constitution has been amended 27 times since it became operational, with the first ten amendments, known as the Bill of Rights, offering specific protections of individual liberties and justice.
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Frequently asked questions
The Articles of Confederation was the original name for the US Constitution.
The Articles of Confederation created a loose confederation of states with a weak central government, which lacked powers such as direct taxation and the ability to regulate interstate commerce. The document was also practically impossible to amend as it required unanimous consent from all 13 states.
The US Constitution was ratified in 1789.
The US Constitution aimed to unite a group of states with different interests, laws, and cultures. It established a stronger federal government with three branches: the legislative, executive, and judicial.
