Simone Lawson
The Framers of the American Constitution were visionaries who sought to address the challenges facing the nation during their lifetimes and establish foundational principles that would guide the new nation into the future. The Constitution reflects this vision, defining fundamental freedoms and governmental powers in general terms. The Framers were political leaders who participated in the American Revolution, signed the Declaration of Independence, and took part in the Revolutionary War. They had extensive political experience and a wide range of occupations. The ideas in the Constitution were influenced by the Framers' understanding of the specific issues facing the nation and their desire to create a durable framework for the future.
| Characteristics | Values |
|---|---|
| Number of individuals appointed to the Constitutional Convention | 70 |
| Number of delegates at the Constitutional Convention | 55 |
| Number of delegates who signed the Constitution | 39 |
| Age range of the delegates | 26-81 |
| Number of Constitutional Framers who were members of the First Congress | 20 |
| Number of amendments agreed upon by the Conference Committee | 12 |
| Number of states that did not send delegates to the Constitutional Convention | 1 |
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What You'll Learn
The Founding Fathers
The Constitutional Convention saw 70 individuals appointed by the original states, except Rhode Island, which did not send any delegates. A number of these individuals did not accept or could not attend, including Richard Henry Lee, Patrick Henry, Thomas Jefferson, John Adams, Samuel Adams, and John Hancock. In total, 55 delegates attended the sessions, but only 39 signed the Constitution. The delegates ranged in age from 26-year-old Jonathan Dayton to 81-year-old Benjamin Franklin, who had to be carried to sessions in a sedan chair due to his infirmity.
The main Founding Fathers who were Framers of the Constitution included John Adams, Benjamin Franklin, Alexander Hamilton, John Jay, Thomas Jefferson, James Madison, and George Washington. Almost all the delegates to the convention had taken part in the Revolution and had extensive political experience. Four-fifths had been in the Continental Congress, and nearly all had experience in colonial and state government.
The Framers of the Constitution were visionaries who sought to address the specific challenges facing the nation during their lifetimes while also establishing foundational principles to guide the new nation into an uncertain future. They understood that future generations would need to interpret and give concrete meaning to the broad principles they had set forth. The Constitution defines fundamental freedoms and governmental powers in general terms, such as freedom of speech, due process of law, freedom of religion, equal protection under the law, and prohibitions against cruel and unusual punishment.
The Framers also considered the role of the judiciary and the executive. They wanted to shield the judiciary from populist influence, establishing a nationwide system of courts and a U.S. Supreme Court to protect federal interests. Federal judges were given tenure and protection from salary diminution to safeguard their independence. Additionally, the Framers ensured that the president was selected not by individual voters but by a body of electors chosen by the states. The chief executive was also granted veto power over legislation.
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The Constitutional Convention
The convention was attended by 55 delegates, also known as the Founding Fathers, who were appointed by the original 13 states, except Rhode Island. The delegates ranged in age from 26-year-old Jonathan Dayton to 81-year-old Benjamin Franklin. Almost all of them had taken part in the American Revolution and had extensive political experience. Four-fifths of the delegates had been in the Continental Congress, and nearly all had experience in colonial and state government.
The delegates debated and ratified the Constitution of the United States, establishing a federal government with more specific powers, including those related to conducting foreign relations. They 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. The convention was a significant event in American history, producing the first written constitution for any nation in the world.
The delegates debated several contentious issues, including the nature of the American presidency, the role of the executive branch, the insertion of a fugitive slave clause, and the abolition of the slave trade. The convention ultimately resulted in the creation of a strong central government, with Congress having the power to regulate foreign and interstate commerce and enforce federal supremacy over state governments.
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Freedom of speech
The Framers of the American Constitution were visionaries who sought to address the challenges facing the nation during their lifetimes and establish foundational principles that would sustain and guide the new nation into an uncertain future. The text of the Constitution defines fundamental freedoms in general terms, including freedom of speech.
The First Amendment of the U.S. Constitution states that "Congress shall make no law...abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances." This amendment ensures that the government cannot restrict or prohibit the expression of ideas and opinions, allowing individuals to speak freely without fear of punishment or retaliation.
The interpretation of freedom of speech has evolved over time, and it applies not only to verbal expression but also to symbolic expression, such as displaying or burning flags, wearing armbands, or burning crosses. The Supreme Court has clarified that restrictions on speech based on its content, where the government targets the speaker's message, generally violate the First Amendment. For example, laws prohibiting people from criticizing a war, opposing abortion, or advocating for higher taxes are considered unconstitutional content-based restrictions.
However, there are certain situations in which the government can constitutionally restrict speech. One pressing issue concerns the regulation of money in politics. The Supreme Court has held that political expenditures and contributions are considered "speech" under the First Amendment as they facilitate political expression. Nonetheless, the Court acknowledged that these expenditures and contributions could be regulated if the government provides a sufficiently important justification.
Another challenge in interpreting freedom of speech involves speech that promotes crime or provides information on how to commit crimes. While the Supreme Court has not provided a clear explanation, the narrow incitement exception addresses speech intending to persuade people to commit imminent crimes but may not cover speech that informs about future criminal acts.
In conclusion, the Framers of the Constitution recognized the importance of freedom of speech as a fundamental right. The First Amendment protects individuals' right to express their ideas and opinions freely, and the interpretation of this right has evolved to include various forms of expression. While there are some exceptions, the Supreme Court has generally upheld the principle of freedom of speech, ensuring that the government cannot infringe upon this fundamental freedom.
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Judicial independence
The Framers of the American Constitution were political leaders who participated in the American Revolution. They signed the Declaration of Independence, took part in the Revolutionary War, and established the Constitution. The Framers understood that they were entrusting future generations with the responsibility to interpret and give meaning to the Constitution's broad principles. The text of the Constitution defines fundamental freedoms and governmental powers in general terms, leaving room for interpretation and adaptation to new crises and challenges.
The Constitution safeguards judicial independence in several ways. Article III of the Constitution establishes the federal judiciary as one of the three equal branches of the federal government. It provides for lifetime appointments for federal judges, stating that they shall hold their offices "during good behaviour." This insulates judges from political and personal consequences, allowing them to make decisions based on the law without fearing repercussions.
Additionally, Article III prohibits the legislative and executive branches from combining to punish judges by decreasing their salaries. The impeachment process, outlined in Article I, serves as another check on the judiciary's power, allowing for the removal of judges who commit "high crimes or misdemeanors." The Judicial Code of Conduct, which judges agree to abide by, provides additional ethical guidelines.
The tension between judicial independence and the political nature of the court system has led to recurring debates. While the Constitution grants Congress significant authority over the structure and jurisdiction of the court system, the independence of judges ensures they are free from undue influence and can apply the law freely and impartially. This balance between judicial independence and accountability is a ongoing discussion in the interpretation and application of the Constitution.
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Majority rule
The Framers of the American Constitution believed that majority rule was the best system of government, but they also recognised its imperfections. They understood that political majorities might enact laws to consolidate their power and that prejudice and hostility could lead to the marginalisation of minorities.
James Madison, in Federalist 10, explored the idea of majority rule versus minority rights. He argued that the large size of the country and the presence of multiple factions would prevent tyranny by the majority. Groups would have to negotiate and compromise, thus protecting the rights of minorities. Madison also believed that the judiciary, or the courts, could act as a "legal check" against the excesses of majority rule.
Thomas Jefferson, the third President of the United States, expressed a similar sentiment in his First Inaugural Address in 1801. He acknowledged the "sacred principle" of majority rule but emphasised that the will of the majority must also be reasonable and respect the equal rights of minorities.
The tension between majority rule and minority rights is a fundamental aspect of constitutional democracy. Modern democracies often have institutions that limit majority power to prevent the marginalisation of minorities and protect individual rights. Examples include bills of rights, supermajority clauses, and judicial independence.
The concept of "tyranny of the majority" has been discussed by thinkers such as John Stuart Mill and Alexis de Tocqueville, highlighting the potential for majority rule to become non-democratic and oppressive towards minorities.
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Frequently asked questions
The Framers of the Constitution were delegates to the Constitutional Convention and helped draft the Constitution of the United States. The main Founding Fathers were John Adams, Benjamin Franklin, Alexander Hamilton, John Jay, Thomas Jefferson, James Madison, and George Washington.
The original states, except Rhode Island, collectively appointed 70 individuals to the Constitutional Convention. A number of these individuals did not accept or could not attend, so in total, 55 delegates attended the sessions, but only 39 signed the Constitution.
The Framers of the Constitution were visionaries. They sought to address the specific challenges facing the nation during their lifetimes and establish foundational principles that would sustain and guide the new nation into an uncertain future. The text of the Constitution defines fundamental freedoms in general terms, such as freedom of speech, due process of law, and equal protection of the laws.
While the framers believed that majority rule was the best system of government, they also recognized its imperfections. They understood that courts should generally defer to the preferences of the majority while also safeguarding against arbitrary or unreasonable actions.
The framers aimed to limit the political influence of the voting public and protect the interests of the federal government. They ensured that the president was selected by a body of electors chosen by the states rather than by individual voters. They also wanted to insulate Congress from populist pressures by having senators selected by state legislators rather than directly elected by voters.
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