Omar Bennett
The United States Constitution, written and signed in 1787, was the result of months of passionate and thoughtful deliberation among delegates. The Constitutional Convention of 1787 was called to revise the ailing Articles of Confederation, which created a weak, ineffective central government. However, the Convention soon abandoned the Articles, drafting a new Constitution with a much stronger national government. The Constitution was created through a series of committees and debates, with many individuals making important contributions. The final version was prepared by a committee of style, with Gouverneur Morris doing most of the work. The Constitution was then ratified by the states, with 39 delegates endorsing it, and it continues to be the supreme law of the land.
| Characteristics | Values |
|---|---|
| Date of signing | September 17, 1787 |
| Number of signatures | 39 |
| Date of inception | 1787 |
| Date of ratification | 1781 |
| Number of states required for ratification | 9 |
| Number of states that ratified | 11 |
| Type of government | Republican |
| Type of ratification | Popular conventions in each state |
| Type of constitution | Democratic |
| Powers separated into | Three branches |
| Branches | Legislative, executive, judicial |
| Powers of the legislative branch | Making laws |
| Powers of the executive branch | Executing laws |
| Powers of the judicial branch | Interpreting laws |
| Other characteristics | Sets up a system of checks and balances, divides power between states and federal government, describes purposes and duties of government |
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What You'll Learn
The Articles of Confederation
The Articles provided for a weak executive branch, no national power of taxation, and voting by states. Each state retained sovereignty over all governmental functions not specifically relinquished to the national Congress, which was empowered to make war and peace, negotiate diplomatic and commercial agreements with foreign countries, and resolve disputes between the states. The Articles also outlined a Congress with representation not based on population – each state would have one vote.
The ratification process for the Articles of Confederation was challenging. While Virginia was the first state to ratify on December 16, 1777, 12 states had ratified the Articles by February 1779, with Maryland as the lone holdout. Maryland finally ratified the Articles on February 2, 1781, and Congress officially proclaimed them to be the law of the land. The Articles of Confederation remained in force until 1789 when the present-day Constitution went into effect.
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The Philadelphia Convention
The convention had its origins in a proposal offered by James Madison and John Tyler in the Virginia assembly, which called for the Continental Congress to be given the power to regulate commerce throughout the Confederation. Madison, Alexander Hamilton, and George Washington feared that the young country was on the brink of collapse due to the weaknesses of the Articles of Confederation, which gave the Confederation Congress the power 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.
Madison and Hamilton's efforts in the assembly led to a plan inviting the states to attend a convention at Annapolis, Maryland, in September 1786, to discuss commercial problems. Following this, Alexander Hamilton helped convince Congress to organize a Grand Convention of state delegates to work on revising the Articles of Confederation.
The delegates to the Philadelphia Convention crafted compromises to accommodate their diverse interests and views. They created a powerful central government while remaining loyal to their states and wary of centralized power. The convention ultimately produced the United States Constitution, which was signed by 38 delegates on September 17, 1787, with an additional signature for an absent delegate, bringing the total to 39. The Constitution established a federal government divided into three branches: legislative, executive, and judicial, with a system of checks and balances to ensure no branch had too much power.
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Drafting and debating
The drafting of the U.S. Constitution was a meticulous and protracted process, spanning several months in 1787. The Constitutional Convention, also known as the Philadelphia Convention, was convened from May 25 to September 17, 1787, in the Assembly Room of the Pennsylvania State House (now known as Independence Hall). The delegates, representing diverse interests and views, engaged in passionate and thoughtful debates over the structure and powers of a new federal government.
The convention was called to revise the Articles of Confederation, which was the existing form of government at the time. The Articles of Confederation had established a weak central government, giving considerable power to the states. However, it soon became apparent that the delegates were working towards an entirely new form of government, as the weaknesses of the Articles became increasingly apparent. The delegates, including James Madison, Alexander Hamilton, and George Washington, recognised that the young nation was on the brink of collapse due to disputes over territory, war pensions, taxation, and trade.
On July 26, 1787, after two months of intense debate, the convention appointed a "committee of detail" to draft a written constitution. Edmund Randolph of Virginia produced a rough draft, which was then revised by James Wilson. This draft was kept confidential and shared only with select Philadelphia printers for reproduction, with enough copies made for the use of the delegates. The committee studied various sources, including state constitutions, the Articles of Confederation, and other relevant reports, to inform their work.
After five weeks of further debate on the committee's draft, the convention appointed a "committee of style" to prepare the final version. Gouverneur Morris, known as the "penman of the Constitution," played a significant role in this stage. The final version was voted on by the convention on September 17, 1787, and subsequently signed by 39 delegates, including George Reed, who signed on behalf of the absent John Dickinson of Delaware.
The drafting process was meticulous and collaborative, involving multiple committees and revisions. The delegates worked to create a powerful central government, striking a balance between centralised power and loyalty to their states. The constitution's impact extended beyond the legal framework, inspiring democratic ideals worldwide and shaping the trajectory of world history.
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Ratification
The convention method also allowed for the election of judges, ministers, and others ineligible to serve in state legislatures. The delegates set the terms for ratification, requiring the approval of nine out of the thirteen states for the new government to take effect. This was a strategic decision, as they suspected that at least one state, Rhode Island, would not ratify. The remaining four states could then join the union by ratifying the Constitution subsequently.
The ratification campaign was a closely contested affair. Initially, only six of the thirteen states had a pro-Constitution majority. The Federalists, who supported a strong central government, needed to convince at least three more states to ratify. The Anti-Federalists, on the other hand, strongly opposed the Constitution due to its creation of a powerful central government, reminiscent of the one they had overthrown, and its lack of a bill of rights. The tide turned in Massachusetts, where the "vote now, amend later" compromise helped secure victory, eventually leading to the ratification of the Constitution by eleven states.
The process of ratification for the U.S. Constitution demonstrated the delicate balance of interests and the importance of compromise in the formation of a new government. The delegates' decision to bypass state legislatures and involve the people directly in the ratification process was a significant strategic move that ultimately led to the establishment of the U.S. Constitution as the supreme law of the land.
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The new government
The Constitution also divided power between the federal government and the states. It outlined the federal government's authority over non-state territories and its responsibility to protect states from invasion and violence. Additionally, it provided for equal representation of the states in the Senate.
The Constitution also established the court system, including the Supreme Court, and outlined the types of cases it would hear. It guaranteed the right to a trial by jury in criminal cases and defined treason. The Constitution also gave Congress the power to create lower courts and an appeals process and to define crimes and punishments.
The process of creating the new government was challenging, with delegates representing different interests and views. They crafted compromises and bypassed state legislatures, calling for special ratifying conventions in each state. The Anti-Federalists opposed the Constitution, arguing it created a powerful central government reminiscent of the monarchy they had just overthrown, and that it lacked a bill of rights. However, the Federalists prevailed, believing a strong central government was necessary to face the nation's challenges.
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Frequently asked questions
The Articles of Confederation was the first constitution of the United States, adopted on November 15, 1777, and ratified on March 1, 1781.
The Articles of Confederation created a weak central government with no enforcement powers, no ability to regulate commerce, and no power to tax. It also couldn't effectively support a war effort or settle disputes between states.
The Constitution was created to address the weaknesses of the Articles of Confederation and to form a more effective central government. Leaders like James Madison, Alexander Hamilton, and George Washington feared that the young country was on the brink of collapse due to divisions among the states.
The Constitutional Convention, also known as the Philadelphia Convention, was held from May 25 to September 17, 1787. After months of passionate debate, a committee drafted a written constitution, which was then revised and voted on by the delegates. The Constitution was signed on September 17, 1787, by 39 delegates.
The Constitution required ratification by nine out of the 13 states to go into effect. Eleven states eventually ratified the Constitution, which instituted a new form of government for the United States.
