The Constitution's Origin: History And Formation

when and how did the constitution came into being

The Constitution of the United States was written and signed in 1787, and ratified in 1788, marking a significant moment in American history and the spread of democratic ideals worldwide. It was the result of months of passionate and thoughtful deliberation among delegates, who sought to address the weaknesses of the Articles of Confederation, America's first constitution, which gave the Confederation Congress power but lacked enforcement powers and the ability to regulate commerce or print money. The Constitutional Convention, with delegates like James Madison, Alexander Hamilton, and George Washington, created a new form of government, establishing a powerful central government with a system of checks and balances to ensure no single branch held too much power. The Constitution's creation was influenced by political philosophers like Locke and Montesquieu, and it has endured as one of the longest-lived and most emulated constitutions globally.

Characteristics Values
Year of signing 1787
Date of signing September 17
Number of delegates who signed 38
Number of signatures 39
Number of states that needed to ratify 9
First state to ratify New Hampshire
Date of first ratification June 21, 1788
Date of beginning of new government under the Constitution March 4, 1789
Number of states 13
Number of convention delegates 33
Notable delegates James Madison, Alexander Hamilton, George Washington, Benjamin Franklin
Philosophical influences Blackstone, Hume, Locke, Montesquieu, Magna Carta, Enlightenment rationalism, English common law

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The Articles of Confederation

The United States Constitution, written and signed in 1787, was the result of months of passionate and thoughtful deliberation among the delegates. The Constitutional Convention created a new, unprecedented form of government by reallocating powers. The Articles of Confederation, America's first constitution, 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, feared their young country was on the brink of collapse.

The Constitution was signed by 38 delegates on September 17, 1787, with George Reed signing on behalf of the absent John Dickinson of Delaware, bringing the total to 39 signatures. The document needed to be ratified by the people, and on June 21, 1788, New Hampshire became the ninth state to do so. The Confederation Congress then established March 4, 1789, as the date to begin operating the new government under the Constitution. The Constitution has endured as one of the longest-lived and most emulated constitutions in the world.

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The Constitutional Convention

The US Constitution was the result of months of passionate and thoughtful deliberation among delegates at the Constitutional Convention in Philadelphia in 1787. The convention was authorised by Congress to recommend changes to the existing charter of government for the 13 states, the Articles of Confederation. Many Americans believed the Articles of Confederation had created a weak and ineffective central government.

The convention was attended by 33 delegates, ten of whom were chosen by state legislatures. Notable delegates included James Madison, Alexander Hamilton, Benjamin Franklin, and George Washington (who served as president of the convention). Madison's notes of the proceedings have provided valuable insights into the convention.

The convention's delegates were tasked with revising the existing government, but they ended up creating a completely new form of government. They were wary of centralised power and loyal to their states, so they created a powerful central government with a system of checks and balances that ensured no one branch had too much power. The new government would have a national operation, but each state government would continue to exercise power in its own sphere.

The proposed Constitution was an "innovation", promising a fundamental change from the old confederation into a new, consolidated yet federal government. The delegates voted to keep the debates secret so they could speak freely, negotiate, bargain, compromise, and change. The final form of the Constitution was condensed into seven articles from an original 23 by a Committee of Style and Arrangement.

On September 17, 1787, 38 delegates signed the Constitution, with George Reed signing for John Dickinson of Delaware, bringing the total number of signatures to 39. The Constitution then needed to be ratified by the states. On June 21, 1788, New Hampshire became the ninth state to ratify, and the Confederation Congress established March 4, 1789, as the date to begin operating a new government under the Constitution.

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The ratification process

The US Constitution was ratified on June 21, 1788, when New Hampshire became the ninth state to approve the document. The journey to ratification, however, was a long and arduous process.

The US Constitution was written during a four-month Constitutional Convention held in Philadelphia, PA, and signed on September 17, 1787. The document was then sent to the states for ratification. The founders set the terms for ratifying the Constitution, bypassing the state legislatures and calling for special ratifying conventions in each state. They reasoned that state legislature members would be reluctant to give up power to a national government.

The Federalists, who believed that a strong central government was necessary to face the nation’s challenges, needed to convert at least three states. The Anti-Federalists fought hard against the Constitution because it created a powerful central government that reminded them of the one they had just overthrown, and it lacked a bill of rights. The ratification campaign was a nail-biter. The tide turned in Massachusetts, where the “vote now, amend later” compromise helped secure victory in that state and eventually in the final holdouts.

The first state to ratify the Constitution was Delaware on December 7, 1787, followed by Pennsylvania, New Jersey, Georgia, Connecticut, Massachusetts, Maryland, and South Carolina. On June 21, 1788, New Hampshire cast the ninth vote in favor of ratification. All 13 states eventually ratified the U.S. Constitution by May 29, 1790.

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The influence of political philosophers

The US Constitution was signed on September 17, 1787, by 38 delegates, with George Reed signing on behalf of John Dickinson of Delaware, bringing the total number of signatures to 39. The Constitution was the result of months of passionate and thoughtful deliberation among the delegates, who were tasked with revising the existing government. However, they ended up creating a powerful central government, representing a wide range of interests and views.

Another political philosopher, Thomas Paine, wrote influential pamphlets such as "Common Sense" and "The Age of Reason." Paine's ideas contributed to the colonies' debate on revolution and the critique of religion. Additionally, David Hume, an eighteenth-century Scottish philosopher, was admired by Benjamin Franklin, who studied his works. Hume and Franklin embraced the idea that high-ranking public officials should receive no salary and that the lower class was a better judge of character when choosing representatives.

The Framers of the Constitution were also influenced by the philosophy of natural rights, republicanism, and constitutionalism. These ideas shaped the political thinking of Americans during the American Revolution, with natural rights finding expression in the Declaration of Independence in 1776. The concept of natural rights influenced legal and political developments in the ensuing decades, inspiring documents such as the French Declaration of the Rights of Man and of the Citizen in 1789.

Overall, the US Constitution was shaped by the ideas of political philosophers who emphasised individual freedoms, natural rights, and the importance of a balanced and limited government. These philosophical influences guided the Framers' deliberations and informed their choices among competing solutions to the challenges faced by the newly independent colonies.

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Amendments

The United States Constitution, written and signed in 1787, was the result of months of passionate and thoughtful deliberation among the delegates. The delegates were tasked with revising the existing government, but they ended up creating a completely new form of government. The Constitution established a powerful central government, addressing the concerns of James Madison, Alexander Hamilton, and George Washington, who feared that the young country was on the brink of collapse due to the weaknesses of its first constitution, the Articles of Confederation. The Articles of Confederation gave the Confederation Congress the power to make rules and request funds from the states, but it lacked enforcement powers and the ability to regulate commerce or print money, leading to disputes that threatened to tear the country apart.

The Constitutional Convention, which created the Constitution, was a unique gathering of delegates from different states. The Convention kept its debates secret, allowing delegates to speak freely, negotiate, and compromise. The final form of the Constitution was crafted by a Committee of Style and Arrangement, which condensed 23 articles into seven in less than four days. 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 Constitution did not immediately come into effect after being signed. It had to undergo a ratification process, as outlined in Article VII, which required the ratification of nine states for its establishment. New Hampshire became the ninth state to ratify on June 21, 1788, and the Confederation Congress set March 4, 1789, as the date for the new government under the Constitution to begin operating.

Since its establishment, the Constitution has undergone several amendments to adapt to the changing needs of the nation. Here is a detailed overview of some significant amendments:

  • The Twentieth Amendment (1933): This amendment addressed the issue of "lame duck" sessions of Congress by changing the date on which a new president, vice president, and Congress take office. It moved the beginning of their terms from March 4 to January 20 (and January 3 for Congress), shortening the transition period and reducing the time between Election Day and the start of their terms.
  • The Twenty-second Amendment (1951): This amendment introduced term limits for the presidency, restricting elected presidents to a maximum of two terms in office, totalling eight years.
  • The Titles of Nobility Amendment (proposed 1810): This amendment aimed to strip United States citizenship from any citizen who accepted a title of nobility from a foreign country. While it was ratified by eleven states by early 1812, it fell short of the required thirteen states for inclusion in the Constitution at that time. With the addition of Louisiana to the Union in 1812, the ratification threshold increased to fourteen states. Despite New Hampshire's subsequent ratification, the amendment has not been ratified by the required number of states and has not become part of the Constitution.
  • The Corwin Amendment (proposed 1861): This amendment, if ratified, would have shielded the "domestic institutions" of the states, including slavery, from constitutional amendment processes and interference or abolition by Congress.

Frequently asked questions

The US Constitution was written and signed in 1787.

The US Constitution was written by 38 delegates, with George Reed signing for John Dickinson of Delaware, bringing the total number of signatures to 39. Some notable delegates included Benjamin Franklin, George Washington, James Madison, Alexander Hamilton, and more.

The US Constitution was created to form a new form of government, with a powerful central government, and to secure citizen rights. It was also intended to address the shortcomings of the Articles of Confederation, which was America's first constitution but lacked enforcement powers and the ability to regulate commerce or print money.

The US Constitution came into effect through a ratification process established by Article VII, which required the ratification of nine states. New Hampshire became the ninth state to ratify on June 21, 1788, and the Confederation Congress established March 4, 1789, as the date to begin operating under the new Constitution.

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