Malcolm Rivera
The US Constitution was drafted in 1787 by delegates to the Constitutional Convention in Philadelphia, also known as the Philadelphia Convention. The convention assembled in May 1787 to revise the Articles of Confederation, which gave Congress the power to make rules and request funds from the states, but lacked enforcement powers and the ability to regulate commerce or print money. The delegates, however, ended up drafting an entirely new form of government, establishing a powerful central government with a system of checks and balances. The Constitution was signed on September 17, 1787, and ratified by the required number of states in 1788, becoming the supreme law of the land.
| Characteristics | Values |
|---|---|
| Date of commencement of the Constitutional Convention | May 14, 1787 |
| Date the US Constitution was signed | September 17, 1787 |
| Location of the Constitutional Convention | Philadelphia |
| Number of delegates who signed the US Constitution | 38 |
| Total number of signatures on the US Constitution | 39 |
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What You'll Learn
The Constitutional Convention
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 country was on the brink of collapse, so Hamilton helped convince Congress to organize a Grand Convention of state delegates to work on revising the Articles.
Through discussion and debate, it became clear by mid-June 1787 that, rather than amend the existing Articles, the Convention would draft an entirely new form of government. The delegates, representing wildly different interests and views, crafted compromises and created a powerful central government. Among the chief points at issue were how much power to allow the central government, how many representatives in Congress to allow each state, and how these representatives should be elected.
On September 17, 1787, 38 delegates signed the Constitution, with George Reed signing on behalf of John Dickinson of Delaware, bringing the total to 39 signatures. The document established the government of the United States and is the oldest and longest-standing written and codified national constitution in force in the world. It separates the powers of government into three branches: the legislative, executive, and judicial, and sets up a system of checks and balances to ensure no branch has too much power.
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We the People
"We the People" are the first three words of the United States Constitution, which was signed on September 17, 1787. The document was drafted in secret by delegates to the Constitutional Convention, also known as the Philadelphia Convention, during the summer of 1787. The convention assembled in Philadelphia on May 14, 1787, to revise the Articles of Confederation, which had been America's first constitution after the Revolutionary War. However, it soon became clear that the delegates were forming an entirely new form of government.
The phrase "We the People" was coined by Gouverneur Morris of Pennsylvania, who chaired the convention's Committee of Style. It represented a new thought: the idea that the people, and not the states, were the source of the government's legitimacy. This was a significant shift from the original draft, which listed the 13 states after "We the People". Morris replaced the list of states with "of the United States" and then listed the Constitution's six goals, none of which were mentioned in the original draft.
The Constitution was written during a tumultuous time in American history. Just a few years after the Revolutionary War, James Madison, Alexander Hamilton, and George Washington feared that their young country was on the brink of collapse. The Articles of Confederation had given the Confederation Congress the power to make rules and request funds from the states, but it lacked enforcement powers and could not regulate commerce or print money. There were also disputes among the states over territory, war pensions, taxation, and trade that threatened to tear the country apart.
The delegates to the Constitutional Convention represented wildly different interests and views, but they worked together to craft compromises and create a powerful central government. The Constitution's first three articles embody the doctrine of the separation of powers, dividing the federal government into three branches: the legislative, executive, and judicial. The Constitution also sets up a system of checks and balances to ensure that no one branch has too much power, and it divides power between the states and the federal government.
The process of ratifying the Constitution was not easy, and there was strong opposition from Anti-Federalists who fought hard against it because it created a powerful central government and lacked a bill of rights. However, 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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Separation of powers
The US Constitution was drafted during the Constitutional Convention of 1787 in Philadelphia. The drafting of the Constitution, often referred to as its framing, was completed at this convention, which assembled in May of that year. The final document was signed by 38 delegates on September 17, 1787, with one delegate signing on behalf of an absent delegate, bringing the total number of signatures to 39.
The Constitution's first three articles embody the doctrine of the separation of powers, dividing the federal government into three branches: the legislative, the executive, and the judicial.
Legislative Branch
The legislative branch is responsible for making laws. It consists of a bicameral Congress, with a Senate and a House of Representatives. All legislative powers are vested in Congress, and it has the power to pass bills, which then need to be presented to the President. Congress also has the power to terminate presidential appointments by impeachment and to restrain executive officials to the performance of their duties as laid out by the laws passed by Congress.
Executive Branch
The executive branch enforces the law and consists of the President and subordinate officers. The President is the Commander-in-Chief of the Army and Navy and has the power to make treaties and appointments to office with the advice and consent of the Senate. While the President does not have to personally enforce the law, officers subordinate to the President may perform such duties.
Judicial Branch
The judicial branch interprets the law and consists of the Supreme Court and other federal courts. The Supreme Court has vacillated between a formalistic approach to separation of powers, emphasising the necessity of maintaining three distinct branches of government, and a functional approach that stresses core functions and relationships and permits flexibility.
The separation of powers was designed to prevent one branch of government from becoming too powerful and to create a system of checks and balances, ensuring healthy tensions among the branches that have a stabilising effect on democracy.
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Ratification
The US Constitution was signed by 38 out of 41 delegates on September 17, 1787. However, it was agreed that the document would not be binding until it was ratified by nine of the 13 existing states. The first state to ratify the Constitution was Delaware on December 7, 1787, followed by Pennsylvania, New Jersey, Georgia, and Connecticut.
The ratification campaign was a challenging process. The Federalists, who believed in the necessity of a strong central government, faced opposition from the Anti-Federalists, who fought against the Constitution due to its resemblance to the government they had just 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 Constitution's ratification.
On June 21, 1788, the Constitution became the official framework of the US government when New Hampshire became the ninth state to ratify it. The Anti-Federalists' concerns were addressed through the Massachusetts Compromise, which stipulated that amendments would be proposed to protect rights such as freedom of speech, religion, and the press. These amendments, known as the Bill of Rights, were ratified on December 15, 1791.
The process of amending the Constitution involves two steps: proposal and ratification. Proposals for amendments can be adopted by two-thirds of both houses of Congress or by a national convention requested by two-thirds of state legislatures. Once a proposal is passed, Congress decides on the ratification method, which can be through state legislatures or state ratifying conventions. For an amendment to become part of the Constitution, it must be ratified by three-fourths of the states (38 out of 50 states).
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Federalists vs. Anti-Federalists
The US Constitution is the oldest and longest-standing written and codified national constitution in the world. The drafting of the Constitution, often referred to as its framing, was completed at the Constitutional Convention, which assembled in Philadelphia in May 1787. 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 number of signatures to 39.
Federalists and Anti-Federalists had differing views on the US Constitution. Federalists were the main supporters of the Constitution and wanted a stronger national government and the ratification of the Constitution to help manage the debt and tensions following the American Revolution. They believed that a strong central government was necessary to face the nation's challenges. Alexander Hamilton, the second president of the United States, was the first and only Federalist president.
Anti-Federalists, on the other hand, opposed the development of a strong federal government and the ratification of the Constitution. They preferred power to remain in the hands of state and local governments. 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 because it lacked a bill of rights. Thomas Jefferson was one of the leaders of the Anti-Federalist movement.
The ratification of the Constitution was a close contest, with only 6 out of 13 states initially reporting a pro-Constitution majority. The Federalists needed to convert at least three more states. The tide turned in Massachusetts, where the “vote now, amend later” compromise helped secure victory, eventually leading to the enactment of the new government.
The ideological war between Federalists and Anti-Federalists resulted in the publication of the Federalist Papers and the Anti-Federalist Papers, a series of essays written by various figures advocating for and against the ratification of the Constitution. The Anti-Federalists greatly influenced the final document, pushing for strict checks and balances and limited political terms to prevent any one branch of the federal government from holding too much power.
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Frequently asked questions
The US Constitution was drafted in the summer of 1787.
The US Constitution was drafted by delegates to the Constitutional Convention, which assembled in Philadelphia in May 1787.
The US Constitution was signed on September 17, 1787. 38 delegates signed the Constitution, with George Reed signing on behalf of John Dickinson of Delaware, bringing the total number of signatures to 39.
