Eleanor Finch
The United States Constitution was created to replace the Articles of Confederation, which was the country's first constitution. The Articles of Confederation were drafted by a committee appointed by the Second Continental Congress in mid-June 1777 and were ratified by the 13 colonies on March 1, 1781. However, the Articles gave little power to the central government, and the country was on the brink of collapse due to states' disputes over territory, war pensions, taxation, and trade. The Constitution was written in the summer of 1787 in Philadelphia, Pennsylvania, by delegates from 12 states, and it created a federal system with a national government composed of three separated powers.
| Characteristics | Values |
|---|---|
| First constitution of the United States | Articles of Confederation and Perpetual Union |
| Date of adoption | Mid-November 1777 |
| Date of ratification | March 1, 1781 |
| Ratification | Ratified by 13 colonies |
| Powers of the central government | Little power to the central government |
| Powers of the states | States acted more like independent, sovereign countries |
| Disputes | Disputes over territory, war pensions, taxation, and trade |
| Debt | Large debts incurred by states and Confederation Congress during the Revolutionary War |
| Federal assumption | Became a major issue in the Constitutional Convention |
| Amendments | 27 amendments since 1789 |
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What You'll Learn
The Articles of Confederation
In the years following the Revolutionary War, the young nation faced economic challenges, including inflation, territory disputes, and trade disagreements, which threatened to tear the country apart. The central government lacked the power to settle quarrels between states and regulate commerce, leading to concerns about the country's stability. As a result, delegates from 12 states met in Philadelphia in 1787 to revise the Articles of Confederation, resulting in the creation of a new constitution with a stronger federal government and a chief executive (the president).
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The need for a stronger federal government
The United States Constitution was created to replace the Articles of Confederation, which was America's first constitution. The Articles of Confederation gave the Confederation Congress the power to make rules and request funds from the states, but it had no enforcement powers, couldn’t regulate commerce, or print money. The states’ disputes over territory, war pensions, taxation, and trade threatened to tear the young country apart.
Firstly, the Articles of Confederation had proven inadequate in addressing the states' disputes and providing effective governance. The Confederation Congress had no power to enforce its decisions, leading to a weak central government. This resulted in states' rights being prioritized over the collective interests of the nation.
Secondly, the Revolutionary War had left both the states and the Confederation Congress with significant debts. The question of how to repay these debts became a contentious issue, with some states refusing to pay off their war debts. A stronger federal government was seen as a solution to address this financial weakness and ensure a more equitable distribution of the burden.
Thirdly, the former generals of the Revolution and many wartime officers supported the creation of a stronger union in the 1780s. They had experienced firsthand the challenges of a weak central government and sought to establish a more robust and unified nation. General Henry Knox, for example, blamed the weaknesses of the Articles of Confederation for the government's inability to fund the army adequately.
Additionally, there was a growing recognition of the need for a central government that could speak for the new American states as a whole. The states had diverse interests and views, and a stronger federal government was seen as a way to create a unified nation with a coherent voice in international relations.
Finally, the Constitutional Convention, which included delegates from 12 states, played a crucial role in shaping the need for a stronger federal government. The delegates recognized the limitations of the Articles of Confederation and went beyond their initial mandate by authoring a new constitution. They understood that simply altering the Articles would not remedy the defects in the existing frame of government. The new Constitution provided for a much stronger federal government by establishing a chief executive (the president), courts, and taxing powers.
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Ratification debates
The US Constitution was created to replace the Articles of Confederation, which was America's first constitution. The Articles of Confederation gave the Confederation Congress the power to make rules and request funds from the states, but it had no enforcement powers, couldn’t regulate commerce, or print money. The states’ disputes over territory, war pensions, taxation, and trade threatened to tear the young country apart.
The Constitutional Convention assembled in Philadelphia in May of 1787, with delegates from 12 states in attendance. The delegates came up with a completely new form of government, creating a powerful central government. The Constitution was written in the summer of 1787 and sent to the states for ratification in September of that year.
The ratification debates took place in each state and across the nation. The supporters of the Constitution were known as Federalists, and their opponents were known as Anti-Federalists. The Federalists believed that the nation might not survive without the passage of the Constitution and that a stronger national government was necessary after the failed Articles of Confederation. They argued that the national government only had the powers specifically granted to it under the Constitution and that the separation of powers into three equal branches would prevent any one branch or person from becoming too powerful.
The Anti-Federalists, on the other hand, argued that the Constitution gave too much power to the federal government, taking away power from state and local governments. They feared that the federal government would be too far removed from the people and that the nation was too large for the national government to effectively respond to the concerns of people on a state and local basis. They saw the enlarged powers of the general government as a threat to the rights and liberties of the people.
The debate over ratification was contentious and took place in homes, taverns, and on the printed page. By mid-January 1788, five states had ratified the Constitution. The Federalists knew that their main opposition would come from Anti-Federalists in large and powerful states, including Massachusetts, New York, and Virginia. The Anti-Federalists mounted an effective opposition through essays and debates, demanding prior amendments before they would accept the new government. During the debate in Massachusetts, the Federalists promised to consider amendments protecting the liberties of the people after ratification, and Massachusetts became the sixth state to approve the Constitution.
In Virginia, Madison promised that a bill of rights would be added after ratification, and the Constitution was approved in that state by a narrow margin. New York soon followed, but submitted proposed amendments. Rhode Island and North Carolina refused to ratify without a bill of rights. By June 1788, nine states had ratified the Constitution, ensuring it would go into effect for those states. In June 1789, Madison proposed a series of amendments to be debated in the first Congress, and a Bill of Rights was added in 1791.
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The Constitutional Convention
The convention resulted in the creation of a new model of government, which divided federal authority among the legislative, judicial, and executive branches. The delegates debated the nature of the American presidency, with some arguing for a strong, independent executive, while others favoured a weak presidency with a strong legislature. They also discussed the role of the executive, including whether executive power should be vested in a single chief executive or divided among three people, and how a president would be elected.
Another highly contentious issue was slavery, as it remained a significant part of the social and economic fabric in five of the states represented at the convention. The delegates debated the inclusion of a fugitive slave clause, the potential abolition of the slave trade, and whether enslaved individuals should be counted for purposes of proportional representation. The final resolution was the Three-Fifths Compromise, which counted slaves as three-fifths of a person in apportioning representation and taxation.
The Constitution that emerged from the convention established a federal government with more specific powers, including the power to conduct relations with foreign governments. It provided for a much stronger federal government by establishing a chief executive (the president), courts, and taxing powers. The delegates signed the Constitution in September 1787, and it was sent to the states for ratification. The Constitution came into effect in 1789 after being ratified by the necessary number of states, marking a significant event in American history.
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Creating a new form of government
The United States Constitution was created to replace the Articles of Confederation, which was the first constitution of the United States. The Articles of Confederation were adopted in 1781, shortly after the Revolutionary War, and established a weak central government with limited powers. The Articles gave the Confederation Congress the power to make rules and request funds from the states, but it lacked enforcement powers, could not regulate commerce, and could not print money.
James Madison, Alexander Hamilton, and George Washington, among others, feared that the young nation was on the brink of collapse due to disputes among the states over territory, war pensions, taxation, and trade. Hamilton led the call for a constitutional convention to reevaluate the nation's governing document, and in 1787, delegates from 12 states assembled in Philadelphia to revise the Articles of Confederation. However, it quickly became clear that the defects in the Articles could not be remedied by simple alterations, and the delegates instead authored a new constitution.
The new Constitution created a federal system with a stronger central government composed of three separated powers: the president, the courts, and Congress. It also included reserved and concurrent powers of states. The delegates came up with a powerful central government, representing different interests and views, and crafted compromises to address their varied concerns. The Constitution also included principles such as checks and balances, individual rights, liberty, limited government, and popular sovereignty.
The process of ratifying the new Constitution was not easy, and it sparked debates among the states. Federalists supported the Constitution, while Anti-Federalists opposed it, fearing the consolidation of power and the potential threats to the rights and liberties of the people. The Anti-Federalists wanted protections for rights such as freedom of speech, religion, and the press. Madison promised that a Bill of Rights would be added after ratification, which helped reassure some of the conventions. By June 1788, nine states had ratified the Constitution, ensuring it would go into effect for those states. The Constitution became operational in 1789, and it has since been amended 27 times, with the first ten amendments collectively known as the Bill of Rights.
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Frequently asked questions
The US Constitution was created to replace the Articles of Confederation.
The Articles of Confederation 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 adopted by the full Congress in mid-November of that year.
The Articles of Confederation gave the Confederation Congress the power to make rules and request funds from the states, but it had no enforcement powers, couldn't regulate commerce, or print money. The states' disputes over territory, war pensions, taxation, and trade threatened to tear the young country apart.
The US Constitution created a federal system with a national government composed of three separated powers, and included both reserved and concurrent powers of states. It also provided for a much stronger federal government by establishing a chief executive (the president), courts, and taxing powers.
The US Constitution was ratified by 9 of the 13 states on June 1788 and went into effect for those 9 states. By March 4, 1789, the government under the Articles of Confederation was replaced with the federal government under the Constitution. The Constitution has since been amended 27 times.
