The Final Obstacles Before Constitution Formation

The United States Constitution was signed on September 17, 1787, by 38 delegates, bringing an end to the Articles of Confederation, the first American constitution. The Articles of Confederation had several limitations, including the need for 9 out of 13 states to pass any laws, the inability to collect taxes, and the lack of enforcement powers. The final straw was Shays' Rebellion, a tax protest by western Massachusetts farmers, which showed that the central government was ineffective. The Constitutional Convention of 1787 addressed these issues and created a federal government with more specific powers, including the power to conduct foreign relations. The Constitution also established a powerful central government, which was a concern for Anti-Federalists who had just overthrown a similar government. One of the last major unresolved problems was the method of electing the executive, which was resolved through the creation of the Electoral College.

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States' disputes over territory, war pensions, taxation, and trade

The United States' first constitution, the Articles of Confederation, was drafted in 1777. It established a "league of friendship" for the 13 sovereign and independent states, with each state retaining "every Power... which is not by this confederation expressly delegated to the United States". However, the Articles of Confederation had many limitations, and the states were on the brink of economic disaster. Disputes over territory, war pensions, taxation, and trade threatened to tear the country apart.

One of the main issues was that the states retained considerable power, and the central government had insufficient authority to regulate commerce or settle disputes between states. States conducted their own foreign policies, had their own money systems, and enacted laws that relieved debtors of their debts, undermining creditors' rights and the credit market. They also erected trade barriers to protect their businesses from competition in neighbouring states, hindering the federal Congress's ability to negotiate favourable trade agreements with foreign powers.

The lack of a common currency made trade between states and other countries extremely challenging. The central government also lacked the power to tax effectively and was unable to settle Revolutionary War-era debts, contributing to an economic crisis by 1787.

Additionally, there were boundary disputes between states, such as the prolonged litigation between Rhode Island and Massachusetts. These disputes were justiciable matters, and the Supreme Court was empowered to intervene if a state refused to appear when summoned.

The interpretation of the Commerce Clause, which gave Congress the power to regulate the trade and movement of persons and goods between states, was also a point of contention. Some argued for an expansive reading, claiming that Congress should be able to regulate commerce in any problem the states could not solve separately.

To address these issues, the Constitutional Convention assembled in Philadelphia in May 1787 to revise the Articles of Confederation. After three months of intense debate, a new Constitution was signed, which remains the foundation of the US government today.

Lack of a bill of rights

The United States Constitution was signed on September 17, 1787, by 38 delegates, bringing an end to the young country's fears of collapse. America's first constitution, the Articles of Confederation, had presented several challenges, including the inability to regulate commerce, enforce laws, or print money.

One of the final problems before the Constitution was ratified was the lack of a bill of rights. George Mason, one of the delegates, was vehemently opposed to the idea of a central authority without a bill of rights that ensured individual liberties. He proposed a new convention to address this issue, but his motion was voted down. The Anti-Federalists shared Mason's concerns, as they believed the new Constitution created a powerful central government without the necessary protections for individual freedoms.

The lack of a bill of rights highlighted the tension between the Federalists and Anti-Federalists. The Federalists advocated for a strong central government to address the nation's challenges, while the Anti-Federalists were wary of centralized power, having just fought against it. The "vote now, amend later" compromise in Massachusetts helped secure victory for the Federalists, and the Constitution was ratified without initially including a bill of rights.

The absence of a bill of rights in the original Constitution was a significant concern for some delegates, who felt it left the country vulnerable to potential tyranny and oppression. They believed that individual liberties and freedoms could be at risk without these explicit protections. This issue remained unresolved, and it was one of the last major problems before the Constitution was ratified. The delegates' distrust of centralized authority, influenced by their recent war against tyranny, added complexity to the debate over including a bill of rights.

While the Constitution did not initially include a bill of rights, the idea was not abandoned. The efforts of delegates like George Mason kept the discussion alive, and the importance of individual liberties remained a central theme in American political discourse. The Bill of Rights, the first ten amendments to the U.S. Constitution, was eventually ratified on December 15, 1791, ensuring that the freedoms and rights of Americans were explicitly protected by the founding document of their nation.

Foreign policy and enforcement powers

The Confederation government lacked the ability to enforce its authority over the states, as it had neither domestic nor international powers or standing. This resulted in states conducting their own foreign policies, which was technically the role of the central government. The individual states competed against each other economically, issuing their own currencies and even imposing taxes on each other's goods, hindering intrastate trade.

The federal government faced significant challenges in conducting foreign policy, as it was unable to pass or enforce laws that individual states found counter to their interests. The Treaty of Paris, which ended the American War of Independence, included provisions that required Americans to honour debts owed to British subjects and allowed former British loyalists to sue in U.S. courts to recover confiscated property. These provisions were deeply unpopular, and many states blocked their enforcement, leading to British refusal to vacate military forts in U.S. territory.

The lack of regulatory power over commerce had significant economic implications. British traders flooded the U.S. markets with goods, negatively impacting American importers and manufacturers. The Confederation Congress lacked the authority to regulate this trade, and attempts by individual states to impose import duties on goods from other states further hampered intrastate trade.

The issue of slavery was also central to debates over foreign policy and commerce. The "Three-Fifths Compromise" counted three-fifths of enslaved people in each state towards congressional representation, increasing the number of congressional seats in several states, particularly in the South. The delegates debated whether to allow the federal government to ban the importation of enslaved people, ultimately agreeing to a 20-year moratorium before the United States formally prohibited the international slave trade in 1808.

The delegates to the Constitutional Convention addressed these challenges by creating a model of government that divided federal authority between the Legislative, Judicial, and Executive branches, establishing a system of checks and balances. After the ratification of the Constitution in 1789, Congress passed legislation creating the Department of Foreign Affairs, later renamed the Department of State, to manage foreign affairs.

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State vs federal powers

The issue of state versus federal powers was a central concern at the Constitutional Convention in 1787. The Articles of Confederation, America's first constitution, had established a war-time confederation of states with a weak central government. This government lacked the authority to regulate commerce, pass and enforce laws, or conduct foreign policy without the voluntary agreement of the states.

The states competed against each other economically, issuing their own currencies and even taxing each other's goods. This made trade between the states difficult and hampered the country's economic growth. The Confederation government also lacked the power to tax, and the country was in an economic crisis by 1787, unable to settle Revolutionary War-era debts.

The delegates at the Constitutional Convention were divided over the issue of state versus federal powers. Many believed that the federal government should be able to overrule state laws, but others feared that a strong central government would oppress its citizens, reminding them of the one they had just overthrown. This was the tension between Federalists and Anti-Federalists.

The Federalists believed that a strong central government was necessary to address the nation's challenges. They wanted to promote the free flow of commerce across state lines and nationalize the economy, which they believed would make America an economic powerhouse. They also wanted to ensure that the federal government had the authority to regulate commerce, pass and enforce laws, and conduct foreign policy effectively.

On the other hand, the Anti-Federalists were wary of centralized power and loyal to their states. They wanted to maintain the power of state governments and ensure that individual liberties were protected through a bill of rights.

The final Constitution, signed by 38 delegates on September 17, 1787, reflected a compromise between these two factions. It established a powerful central government with the authority to regulate commerce and conduct foreign policy, but it also included a system of checks and balances to divide federal authority between the Legislative, Judicial, and Executive branches, preventing any one branch from becoming too powerful.

Executive power

The Articles of Confederation, America's first constitution, was formed during a time of war and created a confederation of states with a very limited central government. The Articles 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 delegates to the Constitutional Convention were tasked with revising the existing government and ended up creating a powerful central government. One of the central issues at the convention was the balance of power between the federal government and the states. Many delegates believed that the federal government should be able to overrule state laws, but others feared that a strong federal government would oppress its citizens. This tension was also reflected in the debate over executive power and the method of electing the executive.

The convention held numerous votes before the delegates agreed upon the Electoral College as the method of selecting the president. The knowledge that George Washington would become the first president influenced the delegates' decision, as they trusted him to define the office.

The Constitution does not stipulate the existence of departments within the executive branch, but the need for such departments was recognized immediately. Congress passed legislation creating the Department of Foreign Affairs (later renamed the Department of State) in its first session in 1789.

The delegates to the Constitutional Convention created a model of government that relied on a series of checks and balances by dividing federal authority between the legislative, judicial, and executive branches. This was done to address the weaknesses of the Articles of Confederation, which had left Congress unable to effectively conduct foreign policy or regulate commerce.

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