Simone Lawson
The Founding Fathers of the United States Constitution wanted to establish a fair and balanced government, with a strong central government to provide order and stability. They anticipated that the Constitution would be a living document that could change and grow over time, and so they included a way to amend it. They also wanted to make it difficult for any one person or group to gain control of the government, so they divided power into three branches: the Executive, the Legislative, and the Judiciary, with a system of checks and balances to encourage collaboration.
| Characteristics | Values |
|---|---|
| A way to change the Constitution | Amendments |
| A fair and balanced government | Separation of powers |
| Preventing misuse of power | Checks and balances |
| A strong central government | Federalists |
| Protection of rights | Bill of Rights |
| A national government | The Executive, the Legislative, and the Judiciary |
| Congressional representation | Based on population |
| The President's requirements | Born in the US, 35+ years old, lived in the US for 14 years |
| A system of United States courts | Supreme Court, district courts, and appellate courts |
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What You'll Learn
The need for a strong central government
The founding fathers of the United States of America wrote the Constitution to establish a fair and balanced government for the country's citizens. They wanted to limit government and establish rules for each part of the government. The Constitution was designed to be adaptable, allowing for amendments to be made when necessary.
The founders anticipated the need for a strong central government to face the nation's challenges. James Madison, Alexander Hamilton, and George Washington feared that their young country was on the brink of collapse. 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 country apart.
The Federalists, who believed in the necessity of a strong central government, faced opposition from the Anti-Federalists, who fought against the creation of a powerful central government that reminded them of the one they had just overthrown. The Federalists set the terms for ratifying the Constitution, bypassing state legislatures and calling for special ratifying conventions in each state. They needed to convert at least three states to their cause, and they ultimately succeeded in securing the required number of states, with the help of a "vote now, amend later" compromise in Massachusetts.
The founding fathers understood that congressional representation would be a contentious issue. They compromised by giving each state one representative for every 30,000 people in the House of Representatives and two representatives in the Senate. They also agreed to count enslaved Africans as three-fifths of a person, temporarily resolving the issue of slavery by allowing the slave trade to continue until 1808.
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The separation of powers
When the Founding Fathers wrote the Constitution, they anticipated that the separation of powers would be a fundamental way of ensuring that no part of the government would become too powerful. The U.S. Constitution establishes three separate but equal branches of government: the legislative branch (which makes the law), the executive branch (which enforces the law), and the judicial branch (which interprets the law).
The Framers structured the government in this way to prevent the concentration of power in a single entity, which they believed would subject the nation's people to arbitrary and oppressive government action. This belief was informed by their experience with the British monarchy, which they had recently overthrown. The Framers also incorporated checks and balances into the system, allowing each branch to exercise power against the actions of the other two branches and promoting interdependence and power-sharing among them.
James Madison, one of the Founding Fathers, wrote about the importance of the separation of powers in Federalist 51, stating that the preservation of liberty requires that the three great departments of power should be separate and distinct. He argued that concentrating all powers in the same hands, whether of one, a few, or many, could be pronounced as tyranny. Madison's ideas were influenced by the political thought of Alexander Hamilton, who presented his ideal plan for government at the Constitutional Convention of 1787. Hamilton's proposal included a strong central government with an executive, a senate, and a legislature, resembling the British model.
While the text of the Constitution does not explicitly refer to the doctrine of separation of powers, it divides governmental power among the three branches. The Legislative Power of the Federal Government is vested in Congress, the Executive Power in the President, and the Judicial Power in the Supreme Court and any lower courts created by Congress. Some U.S. states in the 18th century did not observe a strict separation of powers. However, many southern states explicitly required it, and the final Constitution reflected this approach.
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The ability to change and grow
The Founding Fathers of the United States Constitution understood that the document would need to be adaptable and flexible to stand the test of time. They included a mechanism for changing the Constitution, known as "amendments," recognising that it would need to evolve with the nation. This process requires approval from two-thirds of both the House of Representatives and the Senate, or two-thirds of the states, demonstrating the importance placed on consensus and the challenge of amending the Constitution.
The Constitution's adaptability is evident in the establishment of a strong central government, addressing concerns about the lack of enforcement powers, the inability to regulate commerce, and the power dynamics between states under the Articles of Confederation. The Founding Fathers aimed to create a fair and balanced government, ensuring that power was divided between three separate branches: the Executive, the Legislative, and the Judiciary. This separation of powers was designed to prevent the concentration of power in a single person, party, or group, fostering collaboration and checks and balances.
The inclusion of the Bill of Rights, comprising the first ten amendments, further showcases the Constitution's ability to change and grow. These amendments protect fundamental rights, including freedom of speech, religion, and the press, as well as the right to a jury trial and the right to keep and bear arms. The Bill of Rights addressed concerns raised by Anti-Federalists, who opposed the creation of a powerful central government and the absence of a bill of rights.
The Constitution's adaptability was also reflected in the compromise on congressional representation. The framers agreed to a compromise that balanced population-based representation with equal representation for each state, counting enslaved Africans as three-fifths of a person. This compromise was a temporary solution to the contentious issue of slavery, with the delegates agreeing to allow the slave trade to continue until 1808.
The Founding Fathers' foresight in creating a flexible and adaptable Constitution has allowed it to endure and evolve over more than two centuries, with only 27 amendments made to date. The Constitution's ability to change and grow has been instrumental in shaping the nation's governance and protecting the rights of Americans.
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The protection of citizens' rights
The US Constitution was designed to secure the rights of American citizens. The founders of the Constitution, including James Madison, Alexander Hamilton, and George Washington, were concerned that the young country was on the brink of collapse. The Articles of Confederation, America's first constitution, had no enforcement powers and could not regulate commerce or print money, leading to disputes between the states.
The Constitutional Convention assembled in Philadelphia in May 1787, with the initial goal of revising the Articles of Confederation. However, the delegates soon decided to completely redesign the government. One of the fiercest arguments during the convention was over congressional representation, which was eventually compromised by giving each state one representative for every 30,000 people in the House of Representatives and two representatives in the Senate. Another contentious issue was slavery, with the delegates agreeing to temporarily resolve the matter by allowing the slave trade to continue until 1808 and counting enslaved Africans as three-fifths of a person.
The Federalists, who supported the Constitution, believed that a strong central government was necessary to maintain order and stability in the nation. On the other hand, the Anti-Federalists opposed the Constitution, arguing that it created a powerful central government reminiscent of the one they had just overthrown, and that it lacked a bill of rights. Despite the opposition, the Constitution was ratified by 9 of the 13 states, enacting a new government.
The Fourteenth Amendment to the Constitution specifically addresses the rights of citizens, including the commonly cited phrase "equal protection of the laws." This amendment has been central to landmark cases such as Brown v. Board of Education, Roe v. Wade, and Bush v. Gore, ensuring that citizens are protected from discrimination, and that their privileges and immunities are not abridged by the state. Additionally, federal disability rights laws provide protection against discrimination, segregation, and exclusion for people with disabilities. The Constitution also guarantees the right to express one's religion and beliefs, reproductive rights, and rights regarding law enforcement.
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The prevention of misuse of power
When the Founding Fathers wrote the Constitution, they anticipated the potential for misuse of power and sought to prevent it through various mechanisms. They understood the dangers of centralized power and aimed to establish a fair and balanced government with checks and balances to ensure that no single branch could dominate the others.
One way they achieved this was by dividing the government into three branches: the legislative, executive, and judicial. Each branch has specific duties and powers that serve as checks on the others. For example, while the President has the power to veto laws passed by Congress, Congress can override a veto with a two-thirds majority vote in both the Senate and the House. Additionally, if the President commits a serious crime, they can be brought to trial through impeachment.
The Founding Fathers also recognized the importance of state power and wanted to ensure that the national government did not infringe on the rights of the states. They set up a system where the states had representation in the legislative branch through the Senate and the House of Representatives. This allowed the states to have a say in law-making and prevented the national government from becoming too powerful over the states.
Furthermore, the Founding Fathers included a process for amending the Constitution, recognizing that it should be able to evolve over time. Amendments are difficult to pass, requiring the approval of two-thirds of both houses of Congress or two-thirds of the states. This prevents rash changes but allows for necessary adjustments to be made to the Constitution as society progresses.
The Constitution also outlines specific duties and requirements for the President to prevent the misuse of power. The President is the commander-in-chief of the military, appoints federal judges and other officials, and can grant reprieves and pardons for offences. However, they are limited to two terms in office and must be a natural-born citizen, at least 35 years old, and have lived in the US for at least 14 years.
Lastly, the Founding Fathers believed in the inherent rights of individuals, which were considered fundamental and protected by the government. These rights, outlined in the Bill of Rights, include freedom of speech, religion, and press, as well as the right to keep and bear arms. The recognition and protection of these rights were essential in preventing the misuse of power and ensuring the liberty of the people.
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Frequently asked questions
The Founding Fathers understood that the Constitution should be able to change and grow, so they included a way to change it. These changes are called "amendments". It is difficult to change the Constitution because it takes two-thirds of both the House of Representatives and the Senate or two-thirds of the states to approve the change.
The Federalists, who believed that a strong central government was necessary to face the nation's challenges, needed to convert at least three states. They wanted to provide order and stability to the young country.
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. They also charged that the Constitution represented the work of aristocratic politicians bent on protecting their own class interests.
Under the Articles of Confederation, it was difficult for all the states to work together when it came to collecting taxes and uniting the country. The states' disputes over territory, war pensions, taxation, and trade threatened to tear the young country apart.
