Jonah Patel
The United States Constitution, signed on September 17, 1787, is one of the longest-lived and most emulated constitutions in the world. The Constitutional Convention in Philadelphia, which assembled in May 1787, was initially tasked with revising the Articles of Confederation. However, the delegates decided to completely redesign the government, leading to the creation of a powerful central government. The process of ratification involved Federal Conventions organized by state legislatures, and the Constitution came into effect with ratification by 9 of the 13 states. The Federalist Papers, a series of eighty-five articles published by James Madison, John Jay, and Alexander Hamilton, played a crucial role in building support for the ratification of the Constitution. Despite opposition from Anti-Federalists, who argued for a more explicit Bill of Rights, the Constitution has endured and been amended over time to secure the rights of American citizens.
| Characteristics | Values |
|---|---|
| Authors | James Madison, Alexander Hamilton, John Jay |
| Date of creation | May 1787 |
| Date of signing | 17 September 1787 |
| Number of authors | 38 |
| Number of signatures | 39 |
| Number of articles | 85 |
| Purpose | To build support for the ratification of the U.S. Constitution |
| Arguments against | The territory of the 13 states was too extensive for a representative government |
| Arguments in favour | The vastness of the country was an advantage |
| Compromises | Each state received one representative for every 30,000 people in the House of Representatives and two representatives in the Senate |
| Additional context | The authors were worried that their young country was on the brink of collapse |
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What You'll Learn
The Federalist Papers
The authors of The Federalist Papers attended the Constitutional Convention, and their work is often used today to interpret the intentions of those who drafted the Constitution. The essays were published anonymously, but their identities were correctly discerned by astute observers. After Hamilton's death in 1804, a list emerged claiming that he alone had written two-thirds of the essays. However, it is now believed that Madison wrote 29 of the essays and that several others were written by Jay.
In defence of the Constitution, The Federalist Papers provided a detailed explanation of its provisions and argued that a strong central government was necessary to prevent the young country from collapsing. The authors of The Federalist Papers also addressed the concerns of the anti-Federalists directly, seeking to provide "a satisfactory answer to all the objections which shall have made their appearance." The rapid pace of publication of these essays helped to shape American political institutions and influence public opinion in favour of ratifying the Constitution.
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The US Constitution's longevity
The US Constitution is the longest surviving constitution in the world, an extraordinary achievement for a document created in 1787. It is one of the most emulated constitutions and has endured as a guiding document for over 200 years.
The Constitution's longevity can be attributed to several factors. Firstly, the document's specificity has played a crucial role in its endurance. It anticipated potential challenges and addressed them within the text, allowing for greater stability and minimizing strategic behaviour. The Constitution also established a powerful central government, balancing the interests and views of its diverse creators. This inclusive approach fostered a sense of loyalty to the states and ensured widespread support for the document.
Additionally, the Constitution's ability to adapt to changing conditions has contributed to its longevity. While it has undergone amendments and interpretive changes, the core principles have remained intact. The Constitution's longevity is further enhanced by its status as a single, unified document. This format provides clarity and coherence, making it more accessible and understandable to the public.
However, it is important to distinguish between constitutional longevity and constitutional success. While the US Constitution has endured, some argue that it no longer reflects the country's current reality. Certain aspects of the Constitution, such as the textual importance given to different branches of government, are considered flawed and in need of reform.
In conclusion, the US Constitution's longevity is a testament to the foresight and inclusivity of its creators. Its ability to adapt and its specificity have ensured its endurance. However, as times change, a critical evaluation of the Constitution's effectiveness in serving a modern America is essential to uphold the document's legacy as a cornerstone of democracy.
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The Articles of Confederation
The Articles were formulated after the Continental Congress created three committees in June 1776 to draft the Declaration of Independence, a model treaty, and the Articles of Confederation. The final draft of the Articles was completed on November 15, 1777, and submitted to the states for ratification. Virginia was the first state to ratify on December 16, 1777, and by February 1779, 12 states had ratified the Articles. Maryland was the last state to ratify the Articles on March 1, 1781, after which the Congress of the Confederation officially proclaimed the Articles as the law of the land.
Despite the Articles of Confederation serving as the first constitution for the US, it had its limitations. The central government's power was limited, and it struggled to effectively govern the growing number of states. Disputes over territory, war pensions, taxation, and trade threatened to tear the country apart. These issues led to the convening of the Constitutional Convention in Philadelphia in May 1787 to revise the Articles, which ultimately resulted in the creation of a new constitution for the United States.
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The Bill of Rights
The United States Bill of Rights, comprising the first ten amendments to the United States Constitution, was proposed in 1789 and ratified in 1791. It was influenced by the Virginia Declaration of Rights, the English Bill of Rights, the Magna Carta, and other documents. The Bill of Rights was added to the Constitution to address the objections raised by Anti-Federalists, who wanted power to remain with state and local governments and sought to safeguard individual liberty.
The Anti-Federalists, including Richard Henry Lee, demanded a concise and unequivocal Constitution that explicitly laid out the rights of the people and the limitations of the government's power. They believed that the brevity of the original document revealed its inferior nature. James Madison, initially an opponent of the Bill of Rights, eventually wrote the amendments as a solution to limit government power and protect individual liberties.
The first ten amendments of the Bill of Rights include:
- Congress shall make no law respecting an establishment of religion, prohibiting its free exercise, or abridging the freedom of speech, the freedom of the press, or the right of the people to assemble and petition the government for a redress of grievances.
- The right of the people to keep and bear arms shall not be infringed.
- No soldier shall be quartered in any house without the owner's consent, in peace or war, except as prescribed by law.
- The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and warrants shall only be issued with probable cause.
- The powers not delegated to the United States by the Constitution, nor prohibited to the states, are reserved for the states or the people.
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The influence of Magna Carta
The Magna Carta, a 13th-century pact, inspired the Founding Fathers as they wrote the documents that would shape the United States. In 1215, a group of rebellious medieval barons forced King John of England to agree to a long list of concessions later called the Great Charter, or Magna Carta, in Latin.
Centuries later, America's Founding Fathers drew great inspiration from this medieval pact as they crafted the nation's founding documents, including the Declaration of Independence, the Constitution, and the Bill of Rights. For 18th-century political thinkers like Benjamin Franklin and Thomas Jefferson, the Magna Carta was a powerful symbol of liberty and the inherent rights of man against an oppressive or unjust government. The Founding Fathers' reverence for the Magna Carta was based not so much on the text of the document, which is steeped in medieval law and outdated customs, but on what it represented: an ancient pact safeguarding individual liberty.
The influence of the Magna Carta is reflected most clearly in the Bill of Rights, the first ten amendments to the Constitution, ratified by the states in 1791. In particular, Amendments Five through Seven set ground rules for a speedy and fair jury trial, and the Eighth Amendment prohibits excessive bail and fines. That last prohibition can be traced directly back to Clause 20 of the Magna Carta: "For a trivial offence, a free man shall be fined only in proportion to the degree of his offence, and for a serious offence correspondingly, but not so heavily as to deprive him of his livelihood."
The amendments to the Constitution that Congress proposed in 1791 were strongly influenced by state declarations of rights, particularly the Virginia Declaration of Rights of 1776, which incorporated several protections from the 1689 English Bill of Rights and the Magna Carta. Amendments Five through Ten, which correspond to Amendments Four through Eight of the US Constitution, guarantee speedy justice, a jury trial, proportional punishment, and due process of law.
The influence of the Magna Carta on the US Constitution was shaped by what eighteenth-century Americans believed it signified. The document was widely held to be a reassertion of the rights of the people against an oppressive ruler, a legacy that captured American distrust of concentrated political power. Because of this tradition, most state constitutions included declarations of rights intended to guarantee individual citizens a list of protections and immunities from state governments.
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Frequently asked questions
The Federalist Papers.
James Madison, John Jay, and Alexander Hamilton.
85.
They were published in a series of commentaries in support of ratification.
The Anti-Federalists argued that a Bill of Rights should be added to the Constitution. They wanted a more concise document that laid out the rights of the people and the limitations of the government's power.
