The Constitutional Convention: Where Our Founding Fathers Converged

The Constitution of the United States of America is the oldest and longest-standing written and codified national constitution in force in the world. It was written during the Philadelphia Convention, now known as the Constitutional Convention, which convened from May to September 1787. The Constitutional Convention was conducted under an oath of secrecy, and the original signed, handwritten Constitution is at the National Archives in Washington, D.C. The Constitution provides the framework for the organization of the government and the rights of its citizens, outlining the separation of powers between the three branches of government: the legislative, the executive, and the judicial.

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The Philadelphia Convention

The US Constitution was written in Philadelphia during the summer of 1787. The convention that drafted it is known as the Philadelphia Convention, or the Constitutional Convention. The Constitutional Convention met between May and September 1787, with the specific goal of addressing the problems of the weak central government that existed under the Articles of Confederation. The convention was attended by delegates from 12 of the 13 states, representing each of the former colonies, except Rhode Island.

The convention was presided over by George Washington, a delegate from Virginia who had served as commander in chief of the Continental Army during the American Revolutionary War. Washington was elected unanimously as the convention's president. The convention took place in the Pennsylvania State House, later renamed Independence Hall, in Philadelphia. The Founding Fathers chose this venue because it was where the Declaration of Independence was signed 11 years earlier.

The delegates to the convention were well-educated lawyers, merchants, soldiers, and landowners. They worked in secret, debating and drafting the Constitution, establishing a stronger central government that could print money, collect taxes, build an army, and regulate trade. The convention ultimately debated and ratified the Constitution of the United States, making it one of the most significant events in American history.

The Constitution that emerged from the convention established a federal government with more specific powers, including those related to conducting relations with foreign governments. To prevent this new government from becoming too powerful, the framers of the Constitution divided its powers among three branches: the legislative, executive, and judicial, each with the authority to check and balance the others. The legislative branch was to consist of a bicameral Congress, with a Senate and a House of Representatives. The executive branch was to consist of the president and subordinate officers, while the judicial branch was to consist of the Supreme Court and other federal courts.

Separation of powers

The concept of the separation of powers is a political doctrine that originated in the writings of Charles de Secondat, Baron de Montesquieu, in "The Spirit of the Laws." Montesquieu argued for a constitutional government with three separate branches, each with defined authority to check the powers of the others. This philosophy heavily influenced the United States Constitution, which divides the government into three branches: the legislative, executive, and judicial.

The Framers of the U.S. Constitution, including Alexander Hamilton and James Madison, sought to create a system of government that provided sufficient power to govern while protecting the liberties of its citizens. They adopted the philosophy of "divide and conquer," dividing the federal government's powers between three separate branches. This separation of powers is a key feature of the U.S. government and a reason why many countries have based their constitutions on the U.S. model.

Each branch of the U.S. government has specific roles and functions. The legislative branch, consisting of the Senate and the House of Representatives, is responsible for making laws. The executive branch, led by the President, enforces the laws and makes executive appointments. The judicial branch, headed by the Supreme Court, interprets the laws and rules on their constitutionality.

The separation of powers doctrine is not meant to avoid friction but to create inevitable friction among the three branches to prevent autocracy and protect citizens' liberties. This system of checks and balances allows each branch to check the powers of the others. For example, while Congress makes the laws, the President can veto them, and the Supreme Court can declare them unconstitutional.

The separation of powers doctrine has been a guiding principle in U.S. governance, ensuring that no single branch of government wields absolute power. It has been interpreted and applied through various court cases, such as Buckley v. Valeo and Youngtown Sheet & Tube Co. v. Sawyer, shaping the understanding of the doctrine and its implementation in practice.

Ratification

The United States Constitution was written in Philadelphia in 1787 by a convention of delegates representing 12 of the 13 states. The convention was presided over by George Washington, who had served as commander in chief of the American forces during the War for Independence. The delegates abandoned the Articles of Confederation, which had joined the states together during the American Revolution but had failed to create a cohesive nation.

The Constitution introduced a completely new form of government, establishing a stronger central government that could print money, collect taxes, build an army, and regulate trade. To prevent this new government from becoming too powerful, the framers divided its powers among three branches—executive, legislative, and judicial—each with the authority to check and balance the others.

The Constitution was signed on September 17, 1787, and submitted to the Congress of the Confederation in New York City, the nation's temporary capital, three days later. Congress then forwarded the proposal to the 13 states for their ratification. The ratification process was outlined in Article VII of the proposed Constitution, which called for ratification by nine of the 13 states, or a two-thirds majority. This process was intended to demonstrate that the new constitution was established by the will of the people rather than by political elites.

The first three states to ratify the Constitution were Delaware, Pennsylvania, and New Jersey, all of which voted unanimously in favor. Connecticut, Georgia, and New Hampshire followed, with New Hampshire becoming the ninth state to ratify on June 21, 1788, thus satisfying the requirement for ratification. Rhode Island was the last state to ratify the Constitution in May 1790, after initially rejecting it in a referendum. The lengthy ratification process highlighted the deeply held differences of opinion over the new constitution and the strong national government it established.

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Federalism

The US Constitution, which was written during the Philadelphia Convention of 1787, embodies the concept of federalism. It establishes a system of "dual sovereignty", where states have surrendered many of their powers to the federal government while retaining some sovereignty. This is reflected in the first three articles of the Constitution, which embody the doctrine of the separation of powers, dividing the federal government into three branches: the legislative, executive, and judicial.

Articles IV, V, and VI of the Constitution further elaborate on the concepts of federalism, outlining the rights and responsibilities of state governments, their relationship with the federal government, and the shared process of constitutional amendment. The Tenth Amendment reserves powers to the states as long as those powers have not been delegated to the federal government. This division and sharing of power between the national and state governments are fundamental to the idea of federalism.

Amendments

The United States Constitution, the oldest and longest-standing written and codified national constitution in force, has been amended 27 times over the past two centuries. The first ten amendments, known as the Bill of Rights, were ratified on December 15, 1791, and offer protections of individual liberty and justice and restrictions on the powers of the government. The majority of the 17 later amendments expand individual civil rights protections, address issues related to federal authority, or modify government processes and procedures.

The process of amending the Constitution is detailed in Article Five, which outlines a two-step process for amending the nation's plan of government. Amendments must be properly proposed and ratified before becoming operative. This can be done through a proposal by the U.S. Congress, with a two-thirds majority in both the Senate and the House of Representatives, or by a national convention called by Congress on the application of two-thirds of state legislatures. To become part of the Constitution, an amendment must be ratified by three-fourths of the states, either through their legislatures or state ratifying conventions.

The last time a proposal gained the necessary two-thirds support in both the House and the Senate for submission to the states was the District of Columbia Voting Rights Amendment in 1978. Since 1789, approximately 11,848 proposals to amend the Constitution have been introduced in Congress, with members typically proposing around 200 amendments during each two-year term. While none of the recent proposals have become part of the Constitution, they cover numerous topics and continue to shape the nation's laws and policies.

The process of amending the Constitution is designed to strike a balance between the need for change and stability. The amendments have played a crucial role in expanding civil rights, addressing federal issues, and refining government processes, ensuring that the Constitution remains a living document that adapts to the evolving needs of the nation.

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