Controversies The Constitution Avoided

which was not a controversy when the constitution was established

The United States Constitution was established in 1787, following the Constitutional Convention in Philadelphia, which aimed to address the weaknesses of the central government under the Articles of Confederation. The Constitution has been amended over time to advance notions of equality, including for former slaves and women. While the founding fathers aimed to create a government with limited powers, several controversies arose during the drafting process, including debates over commerce, representation, slavery, and the balance of power between the federal government and the states. The delegates ultimately compromised, allotting specific responsibilities to the federal government while delegating other functions to the states.

Characteristics Values
Date and location of signing September 17, 1787, in Philadelphia
Number of signatures 39
Type of government Federal government with more specific powers
Power to overrule state laws Given to the federal government
Selection of the president Electoral College
First president George Washington
Equality For former slaves and women
Number of words ~8,000
Number of pages 4

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The US Constitution was established in 1787

The delegates to the Constitutional Convention, including James Madison, Alexander Hamilton, and George Washington, created a new model of government that established a powerful central government with more specific powers. The Constitution's first three articles embody the doctrine of the separation of powers, dividing the federal government into three branches: the legislative, consisting of the bicameral Congress (Article I); the executive, consisting of the president and subordinate officers (Article II); and the judicial, consisting of the Supreme Court and other federal courts (Article III).

The drafting of the Constitution was a lengthy process, with delegates debating and redrafting the articles throughout the summer of 1787. The convention accepted the first draft on August 6, 1787, and the final document was signed on September 17, 1787, by 39 delegates, including George Reed, who signed on behalf of the absent John Dickinson of Delaware. The Constitution established the government of the United States and has served as the basis of the country's government ever since.

The ratification process for the Constitution was not without controversy. The Federalists, who supported a strong central government, needed to secure ratification by 9 of the 13 states. However, they faced opposition from the Anti-Federalists, who were against the creation of a powerful central government and wanted a bill of rights included in the Constitution. Eventually, the necessary number of state ratifications was achieved, and the Constitution came into effect in 1789.

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It replaced the Articles of Confederation

The United States Constitution, which was established in 1787 and came into effect in 1789, replaced the Articles of Confederation, which had served as the country's first constitution. The Articles of Confederation had been in force since 1781 and established a "league of friendship" for the 13 independent states, with each state retaining sovereignty and considerable power. However, the central government under the Articles of Confederation had limited power and faced challenges in regulating commerce, taxation, and trade, as well as in settling disputes between states.

The Articles of Confederation gave the Confederation Congress the authority to make rules and request funds from the states, but it lacked enforcement powers and could not print money. The limitations on the central government's ability to assemble delegates, raise funds, and regulate commerce hindered its effectiveness in governing the growing number of states. The states' disputes over territory, war pensions, taxation, and trade threatened to push the young nation to the brink of collapse and tear it apart.

James Madison, Alexander Hamilton, and George Washington were among those who recognised the inadequacies of the Articles of Confederation and advocated for a stronger central government. Madison, determined to address the political and economic challenges facing the nation, studied history and political theory to seek a solution. He became convinced that the Articles of Confederation needed to be replaced. Hamilton played a crucial role in convincing Congress to organise a Grand Convention of state delegates to revise the Articles.

The Constitutional Convention assembled in Philadelphia in May 1787, with General George Washington unanimously elected as its president. The delegates engaged in heated debates over several months, addressing issues such as state sovereignty, the powers granted to Congress, the establishment of a judiciary, western land claims, and voting procedures. The final draft of the Constitution was signed by 38 delegates on September 17, 1787, with an additional signature added later, bringing the total to 39.

The Constitution established a powerful central government, addressing the limitations of the Articles of Confederation. It provided the federal government with the authority to regulate commerce, taxation, and trade, as well as the ability to effectively support war efforts and settle disputes between states. The ratification process for the Constitution bypassed the state legislatures, instead relying on special ratifying conventions in each state. Despite opposition from Anti-Federalists, the Constitution was eventually ratified by 9 out of 13 states, marking a significant shift from the Articles of Confederation and establishing a new governing framework for the United States.

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The Articles of Confederation lacked enforcement powers

The Articles of Confederation, officially the Articles of Confederation and Perpetual Union, was an agreement and early body of law in the Thirteen Colonies. It served as the nation's first frame of government during the American Revolution. The Articles were in force between 1781 and 1789, enacted by Great Britain's thirteen rebellious colonies during the American War for Independence. The Articles established a weak confederal government, with an extremely limited central government, and only those powers that the former colonies recognised as belonging to the British Crown and Parliament during the colonial era.

The Articles also lacked the power to enforce attendance in Congress, and it could not compel the states to comply with requests for troops or funding. This lack of compulsory direct taxation power was objectionable to those who wanted a strong centralised state. Finally, the Confederation government's lack of power to tax meant it could not help settle Revolutionary War-era debts, and it struggled to put down an internal rebellion, further highlighting its lack of enforcement powers.

The Articles of Confederation were ultimately replaced by the Constitution of 1787, which created a stronger federal government with greater enforcement powers. The delegates at the Constitutional Convention of 1787, including James Madison, Alexander Hamilton, and George Washington, were concerned about the young country collapsing due to these issues. They created a powerful central government, crafting compromises to address the controversies surrounding enforcement powers and other issues.

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The Constitutional Convention was held in Philadelphia

The convention was attended by 55 delegates from all states except Rhode Island. The delegates, or representatives of the states, debated for months over what would be included in the new Constitution. Some states favoured a strong central government, while others were opposed. Large states felt they should have more representation in Congress, while small states wanted equal representation.

The delegates dined and met in the city's taverns, where they discussed and compromised. The State House, or Independence Hall, was a historic site where the Second Continental Congress had convened in 1775, and where George Washington had been appointed general of the Continental Army. The Declaration of Independence had also been signed there.

The convention accepted the first draft of the Constitution on August 6, 1787. The most serious controversy erupted over the regulation of commerce, with southern states fearing that a New England-dominated Congress might damage their economic interests through export taxes. This debate became closely linked to another explosive issue: slavery.

On September 17, 1787, 38 delegates signed the Constitution, with George Reed signing for the absent John Dickinson of Delaware, bringing the total to 39 signatures. The new Constitution created an executive branch and a judicial branch, setting up a system of checks and balances to ensure that no one branch became too powerful.

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The Constitution was ratified in 1789

The United States Constitution was ratified in 1789, superseding the nation's first constitution, the Articles of Confederation. The Articles of Confederation, in force since 1781, established a "league of friendship" between 13 sovereign and independent states after the American Revolution. However, it had several shortcomings, including a lack of enforcement powers, inability to regulate commerce, and inability to print money, leading to disputes over territory, war pensions, taxation, and trade.

Recognizing the need for a stronger central government, Alexander Hamilton led the call for a constitutional convention in 1787, resulting in the drafting of a new Constitution. The initial purpose of the convention was to amend the Articles of Confederation, but the delegates ultimately created a completely new form of government. The final document, accepted on August 6, 1787, was the result of heated debates and compromises, particularly around the regulation of commerce and slavery.

The Constitution was signed by 38 out of 41 delegates on September 17, 1787, and it was agreed that it would not be binding until ratified by nine of the 13 states. The ratification process was challenging, with Federalists and Anti-Federalists engaged in a fierce battle. The Federalists, who supported the Constitution, faced opposition from Anti-Federalists who feared the creation of a powerful central government and demanded a bill of rights.

On June 21, 1788, New Hampshire became the ninth state to ratify the Constitution, marking a significant milestone in its journey towards becoming the official framework of the government. The Congress of the Confederation certified the ratification of eleven states on September 17, 1788, and set dates for choosing senators and representatives, electing the first president, and starting the new government. While the Constitution became operational in 1789, it was not ratified by all states until May 29, 1790, when Rhode Island approved the document.

Frequently asked questions

The only issue that was not controversial was the belief that the government should be based on the consent of the governed.

The Articles of Confederation was America's first constitution, which gave the Confederation Congress the power to make rules and request funds from the states.

The Executive branch was established to deal with routine paperwork and matters of lesser consequence.

The Three-Fifths Compromise stated that 60% of enslaved people in each state would count toward congressional representation, increasing the number of congressional seats in several states, particularly in the South.

The Great Compromise established the House of Representatives, which was apportioned by population, and the Senate, which represented the states equally.

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