The Constitution's Roots: Tracing Our Founding Ideas

The ideas for the US Constitution came from the minds of educated white men of property, including Thomas Jefferson, James Madison, Alexander Hamilton, John Jay, James Wilson, Gouverneur Morris, and George Washington. The Constitution was written and signed in 1787 in Philadelphia, during the Constitutional Convention, which was conducted under an oath of secrecy. The ideas in the Constitution were influenced by the Declaration of Independence, which was written in 1776, and the Articles of Confederation, which was the first constitution of the United States, adopted in 1777. The Constitution was also influenced by the desire to create a strong central government, address issues with state disputes, and establish a system of checks and balances to ensure no one branch of government had too much power.

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The Philadelphia Convention

The convention was initially attended by delegates from only Virginia and Pennsylvania on May 14, 1787. On May 25, a quorum of seven states was secured, and the convention began. General George Washington was unanimously elected president of the convention. Robert Morris of Pennsylvania, the "financier" of the Revolution, opened the proceedings with a nomination. The convention then adopted rules drafted by a committee whose members were George Wythe (chairman), Charles Pinckney, and Alexander Hamilton. Each state delegation received a single vote for or against a proposal in accordance with the majority opinion of the state's delegates.

Most of the delegates had studied law, served in colonial or state legislatures, or had been in Congress. They were well-versed in philosophical theories of government advanced by philosophers such as James Harrington, John Locke, and Montesquieu. James Madison compiled detailed notes of the debates, which provide a valuable record of the proceedings. The sessions of the convention were held in secret—no reporters or visitors were permitted, and the windows of the meeting hall were nailed shut to keep the proceedings confidential.

The delegates quickly reached a consensus on a general blueprint of a federal government with three branches: legislative, executive, and judicial. Several outlines were proposed and debated, notably Madison's Virginia Plan and William Paterson's New Jersey Plan. The Virginia Plan was selected as the basis for the new government. The convention ultimately debated and ratified the Constitution of the United States, making it one of the most significant events in American history.

The Declaration of Independence

The Declaration explains why the Thirteen Colonies regarded themselves as independent sovereign states no longer subject to British colonial rule. It contains the important and dramatic statement: "That these United Colonies are, and of Right ought to be Free and Independent States." This was a complete break with Britain and its King, claiming the powers of an independent country.

Thomas Jefferson, who had a hand in drafting the Declaration, admitted that it contained no original ideas but was instead a statement of sentiments widely shared by supporters of the American Revolution. His most immediate sources were two documents written in June 1776: his own draft of the preamble of the Constitution of Virginia, and George Mason's draft of the Virginia Declaration of Rights. Ideas and phrases from both of these documents appear in the Declaration of Independence.

The Bill of Rights

The US Constitution, written and signed in 1787, is the supreme law of the land and the fundamental framework of America's system of government. It was drafted by educated white men of property, including James Madison, who is often referred to as the "Father of the Constitution", Alexander Hamilton, and George Washington. These men, along with other nationalists, feared that their young country was on the brink of collapse just a few years after the Revolutionary War. America's first constitution, 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 the ability to regulate commerce or print money. Divisions among the states and local rebellions threatened to tear the country apart, prompting calls for a new federal constitution to strengthen the national government.

The Constitutional Convention assembled in Philadelphia in May 1787, and the Constitution was signed on September 17, 1787. It was not, however, immediately put into effect. It needed to be ratified by the people through a 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 a new government under the Constitution.

> "would sooner chop off his right hand than put it to the Constitution as it now stands."

Mason's motion for a new convention to reconsider the formation of a new government was voted down, but the idea of a bill of rights persisted. The Federalists, who believed in a strong central government, needed to convert at least three states to their cause. The Anti-Federalists opposed the Constitution due to its resemblance to the central government they had just overthrown and its lack of a bill of rights. The "vote now, amend later" compromise in Massachusetts helped secure victory for the Federalists, and the new government was enacted.

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The Articles of Confederation

The process of ratification was a lengthy one. The first state to ratify was Virginia on December 16, 1777, and by February 1779, 12 states had ratified the Articles. Maryland was the lone holdout, refusing to go along until the landed states, particularly Virginia, ceded their claims west of the Ohio River to the Union. Maryland finally ratified the Articles on February 2, 1781, and the Congress of the Confederation was officially proclaimed the law of the land.

The limitations of the Articles of Confederation became increasingly apparent in the years following the Revolutionary War, as the country teetered on the brink of economic disaster. In May 1787, the Constitutional Convention assembled in Philadelphia to revise the Articles, ultimately resulting in the creation of the present-day Constitution, which went into effect in 1789.

Federal and Anti-Federalists

Federalists and Anti-Federalists were two opposing political factions that emerged during the debate over the ratification of the 1787 US Constitution. The Federalists supported the ratification of the Constitution, while the Anti-Federalists opposed it.

The Federalists, including Alexander Hamilton, James Madison, and John Jay, believed in a strong national government and felt that the Articles of Confederation, which gave more authority to state governments, were too weak. They argued that the new Constitution would address the problems under the Articles of Confederation. They wrote a series of 85 newspaper essays known as The Federalist Papers to promote their views.

The Anti-Federalists, led by Patrick Henry, feared that the new Constitution would lead to a powerful national government that would threaten individual liberties and state sovereignty. They advocated for a more decentralized form of government, with stronger state governments and greater protections for individual rights. They believed that the Constitution needed a Bill of Rights to guarantee specific liberties. They published articles and delivered speeches against the ratification, known collectively as The Anti-Federalist Papers.

The battle over ratification was a debate over political power—how much power should be given to the national government and how much should be kept with the states. The Federalists argued for a stronger national government, while the Anti-Federalists defended a vision of America rooted in powerful states. The Anti-Federalists were concerned that the position of president might evolve into a monarchy and that the national government would be too far removed from the people and their needs.

The Anti-Federalists' arguments influenced the formation of the Bill of Rights. James Madison, a Federalist and primary architect of the Constitution, introduced draft proposals for the first ten amendments, including the Tenth Amendment, which reinforced the reservation of powers to the states or the people.

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