Omar Bennett
The United States Constitution, the country's supreme law, was passed in Philadelphia in 1787. It superseded the Articles of Confederation, the first constitution of the United States, which was ratified by the 13 colonies on March 1, 1781, and went into effect on March 4, 1789. The Continental Congress, composed of delegates from the colonies, played a key role in the formation of both the Articles of Confederation and the Constitution. The Constitution outlines the federal government's structure, assigns powers to its three branches, and protects the rights of Americans. It was influenced by colonial traditions and the desire for independence from Great Britain, with the colonies seeking to establish their own governmental systems.
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What You'll Learn
The Continental Congress
The Articles of Confederation created a loose confederation of sovereign states with a weak central government, leaving most of the power with the state governments. The implementation of decisions required legislative approval by all 13 states, and the Confederation Congress lacked enforcement powers. Despite these limitations, the league of states was considered strong, but the lack of financial resources was a significant challenge.
The Articles of Confederation were ratified by the 13 colonies on March 1, 1781, and served as the nation's first constitution until it was superseded by the United States Constitution on March 4, 1789. The Continental Congress continued to function at irregular intervals, and on September 13, 1788, it passed a resolution to put the new Constitution into operation, setting dates for the first federal elections and the official implementation of the Constitution.
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The Declaration of Independence
The Continental Congress adopted the Articles of Confederation, the first constitution of the United States, on November 15, 1777. However, the states did not ratify them until March 1, 1781. The Articles created a loose confederation of sovereign states with a weak central government, which left most of the power with the state governments.
As sentiment for independence grew, Virginia instructed delegates to the Continental Congress to declare the colonies free and independent states in May 1776. On June 7, a resolution was introduced declaring the union with Great Britain dissolved, and proposing the formation of foreign alliances and a plan of confederation. Independence was officially declared on July 4, 1776, with the preparation of a plan of confederation postponed.
The road to ratifying the Constitution was long and arduous. The Articles of Confederation were tailored to a newly formed nation of states acting more like independent, sovereign countries. It became clear that a stronger, more centralized government was needed. The Continental Congress, which still functioned at irregular intervals, passed a resolution on September 13, 1788, to put the new Constitution into operation. The Constitution became the official framework of the government of the United States on June 21, 1788, when New Hampshire became the ninth of 13 states to ratify it.
The Constitution of the United States is the supreme law of the land, superseding the Articles of Confederation. It delineates the framework of the federal government, with its first three articles embodying the doctrine of the separation of powers. The Constitution was not ratified by all states until May 29, 1790, when Rhode Island approved the document, and the Bill of Rights was ratified at the end of the following year.
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Charters, letters-patent, and instructions
The formation of the US Constitution was a long and arduous process that involved several conventions and congresses. The first Continental Congress, composed of delegates from 12 colonies, met in Philadelphia in September 1774. This Congress adopted the Declaration and Resolves of the First Continental Congress, which embodied a statement of rights and principles later incorporated into the Declaration of Independence and the Federal Constitution.
The Continental Congress met again in May 1776, and on July 4, 1776, the colonies' independence from Great Britain was declared. However, it wasn't until November 17, 1777, that the Congress agreed on a form of government.
In 1786, a convention was held in Annapolis, Maryland to discuss commercial problems and defects in the existing system of government. This convention, led by Virginia delegates including Randolph and Madison, resulted in a call for a convention of representatives from all the states to meet in Philadelphia in May 1787 to revise the Articles of Confederation.
The Philadelphia Convention of 1787, also known as the Constitutional Convention, was attended by delegates from 11 states and led by prominent figures such as George Washington, Benjamin Franklin, James Wilson, Alexander Hamilton, and George Mason. The convention resulted in the drafting and signing of the US Constitution.
Now, moving on to your specific query about "charters, letters-patent, and instructions":
Charters and letters-patent are types of legal documents that were used to record and authorise royal grants made under the Great Seal. They were commonly used in the Medieval and Early Modern periods but have also been found in more recent times. Charters were typically addressed to the leaders of society, while letters-patent were open letters with a wider range of addressees. Both were usually written in Latin until the 1650s and then in English after 1733.
Charters and letters-patent covered a diverse range of subjects, including grants of land, rights, privileges, pardons, and official positions. For example, the Charter of Edward I granted various lands, rights, and privileges to the Mayor and Burgesses of Kingston-upon-Hull in 1299. Letters Patent were also used to exempt certain individuals from laws, such as the prior of St Andrew from dissolution in 1536.
In the context of colonies, letters-patent were used as principal constitutional instruments. For instance, the Hong Kong Letters Patent 1917, along with the Hong Kong Royal Instructions 1917, were the primary constitutional instruments of Hong Kong when it was a British Crown colony. These letters-patent and instructions set out matters such as the constitution of the Executive Council and the Legislative Council and provided for the enactment of laws.
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Covenants, compacts, agreements, ordinances, codes, and oaths
The US Constitution was formed from a blend of two constitutional traditions found in colonial documents. The first tradition is observed in the charters, letters patent, and instructions written in England for the colonists. The second tradition is found in the covenants, compacts, agreements, ordinances, codes, and oaths written by the colonists themselves.
Covenants
Covenants were a central concept in the Hebrew and Christian bibles. They were voluntary, morally informed agreements between independent individuals or communities to establish a new community in which the consenting parties pledge mutual respect and protection. Covenants were more complex than contracts and compacts, and they were much older—both as religious and political agreements. In the colonial era, covenants were used to found religious communities, and the Puritans organized their communities around religious covenants before modelling their political charters and oaths after their religious societies.
Compacts
Compacts were used by the colonists to constitute towns and other bodies politic, emphasizing popular sovereignty over divine or royal sovereignty. The Mayflower Compact of 1620, for example, was known by its contemporaries as the Plymouth Combination or "agreement among the settlers at New Plymouth".
Agreements
During the colonial era, the terms "agreement" and "combination" were used interchangeably with "covenant" and "compact" to describe political covenants or political compacts.
Codes
The colonists were used to having a written document defining the context of their politics, which could be altered through some political process.
Oaths
Political covenants included an oath-taking component before either the King or God himself. Today, we still use an oath to produce citizens and to activate the formalities of citizenship, such as the oath-taking in court.
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The Bill of Rights
The Constitution of the United States is the supreme law of the United States of America. It superseded the Articles of Confederation, the nation's first constitution, on March 4, 1789. The Constitution includes an introductory paragraph titled Preamble, a list of seven Articles that define the government's framework, an untitled closing endorsement with the signatures of 39 framers, and 27 amendments that have been adopted under Article V.
The Articles of Confederation, drafted in mid-June 1777, created a loose confederation of sovereign states and a weak central government, leaving most of the power with the state governments. The Articles provided for a one-house legislature, a weak executive, no national power of taxation, a lack of standard currency, and voting by state. The weaknesses of the Articles of Confederation became increasingly apparent, and divisions among the states and local rebellions threatened to undo the fruits of the Revolution.
Nationalists, led by James Madison, George Washington, Alexander Hamilton, John Jay, and James Wilson, began working towards strengthening the federal government. On May 25, 1787, representatives from all 13 states convened in Philadelphia to participate in the Constitutional Convention. George Washington was unanimously elected president of the convention. The Constitution became the official framework of the government of the United States on June 21, 1788, when New Hampshire became the ninth of 13 states to ratify it.
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Frequently asked questions
The Articles of Confederation and Perpetual Union was the first constitution of the United States. It was drafted by a committee appointed by the Second Continental Congress in mid-June 1777 and was ratified by the 13 colonies on March 1, 1781.
The first constitution of the United States established a "league of friendship" for the 13 sovereign and independent states. It outlined a Congress with representation not based on population, with each state having one vote. The document also gave little power to the central government, leaving most of the power with the state governments.
The present-day US Constitution superseded the Articles of Confederation on March 4, 1789.
