Compromises: The Us Constitution's Foundation

The United States Constitution was signed on September 17, 1787, by 39 delegates, marking the culmination of a process that began with the convening of the Constitutional Convention in Philadelphia earlier that year. The delegates, tasked with revising the existing government structure outlined in the Articles of Confederation, ultimately decided to create a new government, addressing concerns about the limitations of the Articles, including the lack of enforcement powers and the inability to regulate commerce or print money. The Constitution-building process involved navigating complex issues such as congressional representation, slavery, and taxation, requiring careful compromises to be struck. The final document established a powerful central government and outlined the basic framework of the federal government, including the legislative branch and the manner of election and qualifications for its members. The adoption of the Constitution was facilitated by James Madison's advocacy for a bill of rights, which played a critical role in ensuring its acceptance and positive effects on the young nation.

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The Articles of Confederation

One of the main issues was the lack of enforcement powers, which meant that the Confederation Congress could not effectively regulate commerce, tax, or support a war effort. The central government struggled with assembling delegates, raising funds, and implementing decisions, as most required legislative approval by all 13 states. The states retained considerable power, and disputes over territory, war pensions, taxation, and trade threatened to tear the young country apart.

Ratification by all 13 states was necessary to fully implement the Articles of Confederation. This process took more than three years, and Maryland was the final state to ratify the Articles on February 2, 1781, with the official proclamation on March 1, 1781. The Articles remained in force until 1789 when the present-day Constitution of the United States went into effect.

The concerns about the limitations of the Articles of Confederation led to the Constitutional Convention in 1787, which resulted in the creation of a new constitution that established a more powerful central government.

The Continental Congress

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, could not regulate commerce, and could not print money. This led to concerns that the young country was on the brink of collapse, as disputes over territory, war pensions, taxation, and trade threatened to tear it apart.

The Second Continental Congress played a crucial role in the creation of the United States' first constitution by drafting and adopting the Articles of Confederation, which came into force in 1781 after being ratified by all thirteen colonies. This document established a "league of friendship" among the thirteen sovereign and independent states, with each state retaining all powers not expressly delegated to the United States.

Thus, the Continental Congress, especially the Second Continental Congress, laid the foundation for American independence and created the country's first constitution, setting the stage for the later development of the United States Constitution in 1787.

The Federalists

Hamilton, in particular, played a major role in shaping the Federalist Party's economic policies. He proposed funding the old Revolutionary War debt and assuming state debts, creating a central bank, maintaining a tariff system, and favourable treatment of American shipping. The Federalists also advocated for the Implied Powers of the President within the Constitution and Federal Supremacy, believing that the Constitution acted as a safeguard against tyranny.

The Federalist Party was popular in urban cities and New England, attracting support from businessmen, merchants and bankers, and Urban Catholics. They organized the administrative machinery of the national government, established traditions of federal fiscal integrity, and initiated the doctrine of neutrality in foreign affairs. The Federalists' most controversial domestic law was the Sedition Act of 1798, which allowed people who wrote “false, scandalous, or malicious writing” about the government to be imprisoned, fined, or deported.

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The Constitutional Convention

General George Washington, the former commanding general of the Continental Army in the American Revolutionary War, was unanimously elected as the president of the convention. The delegates shared a common concern that the young nation was on the brink of collapse due to the weaknesses of the Articles of Confederation. These articles gave the Confederation Congress rule-making and funding request powers but lacked enforcement authority, the ability to regulate commerce, and the power to print money. The states' disputes over territory, war pensions, taxation, and trade threatened the unity of the country.

During the convention, the delegates engaged in vigorous debates and crafted compromises to address the challenges facing the nation. One of the most contentious issues was congressional representation, with delegates arguing over whether it should be based on population or divided equally among the states. They ultimately compromised by granting each state one representative for every 30,000 people in the House of Representatives and two representatives in the Senate. They also agreed to count enslaved Africans as three-fifths of a person, temporarily resolving the issue of slavery by allowing the slave trade to continue until 1808.

The delegates also debated the role of the executive branch, including whether executive power should be divided among three people or vested in a single chief executive, the manner of the president's election, the length and number of presidential terms, impeachable offences, and the method of selecting judges. The convention resulted in the creation of a model of government that divided federal authority among the legislative, judicial, and executive branches, establishing a system of checks and balances.

The convention culminated in the ratification and signing of the United States Constitution on September 17, 1787. Thirty-nine delegates endorsed the constitution, marking the completion of their work. The constitution established a federal government with more specific powers, including the authority to conduct relations with foreign governments. After the necessary state ratifications, the Constitution came into effect in 1789, serving as the foundation of the United States government ever since.

Ratification

The process of ratification for the US Constitution had several unique features. Firstly, the founders set the terms for ratifying the Constitution, bypassing state legislatures. Instead, they called for special ratifying conventions in each state, recognising that members of state legislatures might be reluctant to cede power to a national government. This meant that the approval of nine out of the thirteen states was required to enact the new federal government.

The ratification process was not without challenges and controversies. By January 9, 1788, five states had approved the Constitution: Delaware, Pennsylvania, New Jersey, Georgia, and Connecticut. However, only six out of thirteen states initially reported a pro-Constitution majority. The Federalists, who supported a strong central government, had to work to convince at least three more states. This led to a struggle between the Federalists and the Anti-Federalists, who wanted to preserve state autonomy and demanded a Bill of Rights.

The ratification process in each state varied, with some states, like New York, printing and distributing copies of the Constitution to the general public. The New York ratification convention, for instance, met in mid-June 1788, and the debate between Federalists and Anti-Federalists was fierce. George Washington, who presided over the Constitutional Convention, played an active role in the ratification process, writing letters to political leaders urging them to support the Constitution. He reminded them of the weaknesses of the previous government under the Articles of Confederation and the need for a stronger central government.

The ratification of the US Constitution laid the foundation for a new federal government with three branches: executive, legislative, and judicial. It also set the stage for future amendments to be proposed and ratified, shaping the country's legal framework for years to come.

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