Malcolm Rivera
The first constitution of the United States of America, known as the Articles of Confederation, was written in 1781 and 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, or print money, and didn't provide much guidance to the states. This led to concerns that the young country was on the brink of collapse, and so delegates from 12 of the 13 original states met in Philadelphia in 1787 to draft a new constitution. The new constitution was a product of political compromise and long, often rancorous debates over issues such as states' rights, representation, and slavery. It established a federal democratic republic with three branches of government: the legislative, consisting of a bicameral Congress; the executive, consisting of the president and subordinate officers; and the judicial, consisting of the Supreme Court and other federal courts. The first three articles of the constitution embody the doctrine of the separation of powers, and the original text is still included even when articles are amended.
Explore related products
What You'll Learn
- The first constitution of the United States of America was the Articles of Confederation
- The constitution established a Federal democratic republic
- The constitution was signed on September 17, 1787, by 39 delegates
- The constitution was a completely new compilation of civil and canonical regulations
- The constitution was based on Roman Law and canon law
The first constitution of the United States of America was the Articles of Confederation
Fearing that their young country was on the brink of collapse, James Madison, Alexander Hamilton, and George Washington, who was unanimously elected president of the Philadelphia convention, helped convince Congress to organize a Grand Convention of state delegates to work on revising the Articles of Confederation. The Constitutional Convention assembled in Philadelphia in May 1787, with delegates representing a wide range of interests and views. The convention witnessed heated debates, particularly over the issue of representation in the first chamber of the legislature and the regulation of commerce, which was closely linked to the explosive issue of slavery.
The delegates appointed a Committee of Detail to put their decisions in writing, and a Committee of Style and Arrangement to condense the articles into a final form. On September 17, 1787, 38 delegates signed the Constitution, with George Reed signing on behalf of the absent John Dickinson of Delaware, bringing the total to 39 signatures. The final document consisted of a Preamble, seven Articles, and a list of Amendments, the first ten of which are known as the Bill of Rights.
The US Constitution established a Federal democratic republic, with the Federal Government being democratic as the people govern themselves, and a republic as the government derives its power from the people. The purpose of the Federal Government, as outlined in the Preamble, is to "establish Justice, insure domestic Tranquility, provide for the common defense, promote the general Welfare, and secure the Blessings of Liberty to ourselves and our posterity." The Founding Fathers established three main principles: inherent rights, federalism, and limited government.
Which Came First: Constitution or Declaration of Independence?
You may want to see also
The constitution established a Federal democratic republic
The US Constitution, first signed in 1787 and enacted in 1789, established a federal democratic republic. This means that the US is a nation composed of smaller states, each with its own government, that are united under a national government. The federal government is democratic because the people govern themselves, and it is a republic because the government's power is derived from its people.
The Founding Fathers established three main principles on which the US government is based: inherent rights, or rights that anyone living in America has; a federal government consisting of the legislative; and a system of checks and balances to ensure that no one branch of government becomes too powerful. The purpose of the federal government, as found in the Preamble of the Constitution, is to "establish Justice, insure domestic Tranquility, provide for the common defence, promote the general Welfare, and secure the Blessings of Liberty to ourselves and our posterity."
The US Constitution is exceptional among written constitutions for its age and brevity. It is the oldest currently in effect and, at 7591 words including amendments, is among the shortest. The federal constitution consists of three central provisions: a short introductory paragraph called the Preamble; seven Articles that comprise the original Constitution; and twenty-seven Amendments that have been subsequently added to the document. The first three Articles of the Constitution establish a Federal Government consisting of the Legislative, Executive, and Judicial branches.
The Constitution was created in response to the weaknesses of the Articles of Confederation, which was 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, or print money. The states’ disputes over territory, war pensions, taxation, and trade threatened to tear the young country apart. James Madison, Alexander Hamilton, and George Washington, who became president of the Constitutional Convention, feared their young country was on the brink of collapse. Alexander Hamilton helped convince Congress to organize a Grand Convention of state delegates to work on revising the Articles of Confederation. The delegates came up with a completely new form of government, creating a powerful central government while remaining wary of centralized power and loyal to their states.
The First Colony to Adopt a Constitution
You may want to see also
The constitution was signed on September 17, 1787, by 39 delegates
The US Constitution was signed on September 17, 1787, by 39 delegates, bringing to a close three months of intense debate. The delegates, representing a wide range of interests and views, had gathered in Philadelphia in May of that year, concerned that the young country was on the brink of collapse. America's first constitution, the Articles of Confederation, had provided little guidance to the states, and disputes over territory, war pensions, taxation, and trade threatened to tear the country apart.
The Constitutional Convention was tasked with revising the existing government, but the delegates ended up creating a completely new system. They established a Federal democratic republic, with a powerful central government, but one that was wary of centralized power and loyal to the individual states. The Federalists believed that such a government was necessary to face the nation's challenges, while the Anti-Federalists fought against it, as it reminded them of the regime they had just overthrown.
The final document, signed by 39 delegates, consisted of a short introductory paragraph called the Preamble, seven Articles, and twenty-seven Amendments. The first 10 Amendments are known as the Bill of Rights. The Constitution established the system of the Federal Government, with the people governing themselves, and the Government's power derived from its people. The purpose of the Federal Government, as found in the Preamble, is to "establish Justice, insure domestic Tranquility, provide for the common defense, promote the general Welfare, and secure the Blessings of Liberty to ourselves and our posterity."
The road to ratification was not easy, and the delegates had to make many compromises. One of the most serious controversies erupted over the question of regulating commerce, with the southern states fearing that a New England-dominated Congress might severely damage their economic life through export taxes. This debate became closely linked to another explosive issue: slavery. Despite these challenges, the US Constitution stands today as one of the longest-lived and most emulated constitutions in the world.
Pennsylvania's First Constitution: The Frame of Government
You may want to see also
Explore related products
The constitution was a completely new compilation of civil and canonical regulations
The first Serbian constitution, St. Sava's Nomocanon, was a completely new compilation of civil and canonical regulations. It was established in 1219, and its basic purpose was to organise the functioning of the young Serbian kingdom and the Serbian church. Saint Sava began work on the Serbian Nomocanon in 1208, using various sources, including The Nomocanon in Fourteen Titles, Synopsis of Stefan the Efesian, and the law of Moses. The Nomocanon was a civil law based on Roman Law and canon law based on Ecumenical Councils. It was a compilation of Byzantine sources but was completed and reformed by St. Sava.
The process of drafting a constitution can vary significantly, with some taking a long time and others being drafted very quickly. For example, Japan's 1946 Constitution was drafted in just one week, while the Myanmar 2008 Constitution was secretly drafted over 17 years. The US Constitution, on the other hand, took several months of heated debate and compromise before being finalised in 1787. The US Constitution is also notable for its brevity, consisting of only 7591 words, including amendments, making it one of the shortest in the world.
The US Constitution established a Federal democratic republic, with a powerful central government. It is democratic because the people govern themselves, and it is a republic because the government derives its power from the people. The Founding Fathers established three main principles: inherent rights, federal government, and a system of checks and balances. The first ten amendments are called the Bill of Rights, and they address various issues, including the selection of the President, voting rights, and the regulation of intoxicating liquors.
The creation of a constitution often involves navigating complex political and social landscapes, as drafters must consider the interests and views of various stakeholders. The process of drafting the US Constitution, for instance, was influenced by the recent Revolutionary War and the desire to create a stronger central government that could address the nation's challenges. The delegates to the Constitutional Convention represented diverse interests and views and had to make compromises to reach a final agreement.
Israel's Gratitude to India: A Constitutional Tribute
You may want to see also
The constitution was based on Roman Law and canon law
The first Serbian constitution, St. Sava's Nomocanon, was based on Roman Law and canon law. It was compiled in 1219, with Saint Sava beginning work on it in 1208 while he was at Mount Athos. The purpose of the constitution was to organise the functioning of the young Serbian kingdom and the Serbian church.
Roman Law was divided into jus scriptum (written law) and jus non scriptum (unwritten law). The former included laws derived from legislation and other written sources, while the latter referred to custom. There were various types of written law, including leges (enactments of assemblies of the whole Roman people) and senatus consulta (resolutions of the Roman senate). The Romans also had a type of law called jus civile (civil law), which was based on custom or legislation and applied only to Roman citizens. They also developed jus gentium (law of nations), which was applied to both Romans and foreigners.
The constitution of the Roman Republic, which emerged from that of the Roman Kingdom, was a set of uncodified norms and customs, along with various written laws, that guided the procedural governance of the Roman Republic. It evolved significantly over the almost 500 years of the republic. The Assemblies, composed of the people, served as the supreme repository of political power and had the authority to elect magistrates, accept or reject laws, administer justice, and declare war or peace. The Senate advised the magistrates and acted as an influential body.
The first Serbian constitution, based on Roman Law and canon law, would have been influenced by these characteristics of Roman constitutional law.
The First French Constitution: A Short-Lived Experiment
You may want to see also
Frequently asked questions
The first constitution of the United States, the Articles of Confederation, was written in Philadelphia, Pennsylvania, and signed on September 17, 1787, by 39 delegates. It consisted of a preamble and seven articles that established a federal government and delineated its form and functions.
The first constitution gave the Confederation Congress the power to make rules and request funds from the states. However, it lacked enforcement powers, the ability to regulate commerce, and the ability to print money.
The first constitution aimed to address concerns about the weak central government and the need to retain the independence and sovereignty of the states. It also sought to resolve disputes among the states over territory, war pensions, taxation, and trade.
A major compromise in the first constitution was related to the issue of slavery. The southern states agreed to a prohibition on Congress banning the importation of enslaved people until 1808.
The first constitution was limited in its powers and ability to enforce its provisions. It also lacked the ability to regulate commerce and collect taxes. It lacked a bill of rights, which was added later as the first ten amendments.
