Eleanor Finch
The U.S. Constitution, one of the longest-lived and most emulated constitutions in the world, was first drafted in 1787. The Constitutional Convention, held in Philadelphia, was convened due to fears that the young country was on the brink of collapse. The Articles of Confederation, America's first constitution, had no enforcement powers, and the country was being torn apart by disputes between the states. The convention, which included George Washington, James Madison, and Alexander Hamilton, resulted in a powerful central government, with a completely new system of government.
| Characteristics | Values |
|---|---|
| First Constitution | Articles of Confederation |
| First Constitution Author(s) | James Madison, Alexander Hamilton, and George Washington |
| First Constitution Year | A few years after the Revolutionary War |
| First Constitution Signatories | 38 delegates signed the Constitution, with George Reed signing on behalf of John Dickinson of Delaware |
| First Constitution Signatory Year | September 17, 1787 |
| First Constitution Draft Committee | Nathaniel Gorham of Massachusetts, John Rutledge, Edmund Randolph, James Wilson, and Oliver Ellsworth |
| First Constitution Draft Year | August 6, 1787 |
| First Constitution Convention | Philadelphia Convention |
| First Constitution Convention Year | May 1787 |
| First Constitution Convention President | General George Washington |
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What You'll Learn
The Articles of Confederation
America's first constitution was the Articles of Confederation, which gave the Confederation Congress the power to make rules and request funds from the states. However, it had no enforcement powers, couldn't regulate commerce, or print money. Disputes over territory, war pensions, taxation, and trade threatened to tear the young country apart. James Madison, Alexander Hamilton, and George Washington, fearing the country was on the brink of collapse, helped convince Congress to organise a Grand Convention of state delegates to revise the Articles of Confederation.
The Constitutional Convention assembled in Philadelphia in May 1787. Delegates from the states crafted compromises to revise the existing government, creating a powerful central government. On September 17, 1787, 38 delegates signed the new Constitution, with one signature added in absentia, bringing the total to 39.
The Federalists, who supported the new Constitution, believed that a strong central government was necessary to face the nation's challenges. The Anti-Federalists, on the other hand, opposed it because it reminded them of the British rule they had just overthrown, and because it lacked a bill of rights. The ratification campaign was hard-fought, with the Federalists ultimately succeeding in securing victory in enough states to enact the new government.
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The Philadelphia Convention
The Articles of Confederation, America's first constitution, gave the Confederation Congress the power to make rules and request funds from the states, but it lacked enforcement powers, the ability to regulate commerce, and the ability to print money. This led to disputes over territory, war pensions, taxation, and trade, threatening to tear the young nation apart. As a result, Alexander Hamilton helped convince Congress to organize a convention of state delegates to revise the Articles of Confederation.
The delegates to the Philadelphia Convention included prominent figures such as George Washington, James Madison, and Benjamin Franklin, who played key roles in shaping the new government. The convention produced the Virginia Plan and the New Jersey Plan, leading to the Great Compromise, which established a bicameral legislature. The delegates recognized the shortcomings of the Articles of Confederation and proposed a new Constitution that established three branches of government with distinct powers, allowing for a more balanced and effective governance structure.
The debates at the Philadelphia Convention over representation, civil rights, and slavery significantly shaped future American political dynamics. For example, the Three-Fifths Compromise, which counted enslaved individuals for representation, had lasting implications for political power and civil rights in America. Additionally, the lack of protections for individual liberties resulted in the later addition of the Bill of Rights to the Constitution.
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The Federalists and Anti-Federalists
The Anti-Federalists, on the other hand, opposed the ratification of the Constitution because they feared it would lead to a loss of individual liberties, an erosion of state sovereignty, and the potential for tyranny. They advocated for a more decentralised form of government with greater protections for individual rights and stronger state representation. Led by Patrick Henry of Virginia, the Anti-Federalists worried that the position of president might evolve into a monarchy, and that the Constitution provided insufficient rights in the courts. They also believed that a large central government would not serve the interests of small towns and rural areas.
The Federalists were instrumental in shaping the new US Constitution, which strengthened the national government. They published a series of 85 articles in New York City newspapers, advocating for the ratification of the Constitution. Alexander Hamilton, a prominent Federalist, played a key role in convincing Congress to organise a Grand Convention of state delegates to revise the Articles of Confederation, which gave the Confederation Congress the power to make rules and request funds from the states, but lacked enforcement powers and the ability to regulate commerce or print money.
The Anti-Federalists, despite their strong opposition, were never able to organise efficiently across all thirteen states, and had to fight the ratification at every state convention. However, their influence was significant, and they played a crucial role in forcing the first Congress under the new Constitution to establish the Bill of Rights, ensuring the liberties that they felt the Constitution violated. The Anti-Federalists' arguments influenced the formation of the Bill of Rights, and the Federalists agreed to consider amendments to be added to the new Constitution, helping to secure its ratification.
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Ratification
The US Constitution, the second for the country, was signed by 38 delegates on September 17, 1787, with George Reed signing on behalf of John Dickinson of Delaware, bringing the total number of signatures to 39. The delegates were tasked with revising the existing government but instead came up with a completely new system. The founders set the terms for ratifying the Constitution, bypassing the state legislatures and calling for special ratifying conventions in each state. Ratification by 9 of the 13 states enacted the new government.
The Federalists, who believed in a strong central government, needed to convert at least three states. The Anti-Federalists, on the other hand, opposed the Constitution as it created a powerful central government and lacked a bill of rights. The ratification campaign was a close call. The tide turned in Massachusetts, where the “vote now, amend later” compromise helped secure victory, which eventually led to success in the final holdout states.
Alexander Hamilton, who had helped convince Congress to organize a Grand Convention of state delegates to revise the Articles of Confederation, privately assessed the chances of the Constitution for ratification. In its favour were the support of Washington, commercial interests, men of property, creditors, and the belief among many Americans that the Articles of Confederation were inadequate. Working against its ratification were the opposition of influential men in the convention and state politicians fearful of losing power, revulsion against taxation, suspicion of a centralized government, and fear among debtors that a new government would work against their interests.
The first draft of the Constitution was accepted on August 6, 1787, by the convention, which had assembled in Philadelphia in May of that year. General George Washington was unanimously elected president of the Philadelphia convention.
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The Supreme Court's Role
The Supreme Court plays a crucial role in the constitutional system of government in the United States. As the highest court in the land, it serves as the final arbiter of justice and guardian of constitutional rights and civil liberties. The Supreme Court's power of judicial review, established in the landmark case of Marbury v. Madison (1803), allows it to interpret and apply the Constitution, ensuring that the legislative and executive branches do not exceed their constitutional powers.
One notable aspect of the Supreme Court's role is its protection of civil rights and liberties. The Court has the power to strike down laws that violate constitutional rights, ensuring that the government does not infringe on the freedoms guaranteed to its citizens. This includes rulings on controversial issues such as freedom of speech, racial equality, privacy, and due process, among others. By interpreting the Constitution's protections broadly, the Court has helped expand civil rights and shape a more inclusive society.
Additionally, the Supreme Court acts as a check on the powers of the legislative and executive branches. Through judicial review, the Court can declare acts of Congress or executive actions unconstitutional if they conflict with the Constitution. This power, while not explicitly stated in the Constitution, was established by the Court itself, asserting its authority as the final interpreter of the law of the land. The Court's rulings in this regard ensure that the other branches of government respect the separation of powers and do not overstep their constitutional boundaries.
Moreover, the Supreme Court has original jurisdiction over specific cases, such as suits between states or cases involving ambassadors. This means that these cases can be heard directly by the Supreme Court without going through lower courts first. The Court's original jurisdiction is limited, and it primarily relies on its appellate jurisdiction to hear the majority of cases. However, when it does exercise its original jurisdiction, it can have a significant impact on inter-state disputes or matters involving foreign relations.
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Frequently asked questions
The first constitution, the Articles of Confederation, was classified by America's Confederation Congress.
The Articles of Confederation gave the Confederation Congress the power to make rules and request funds from the states.
The Articles of Confederation had no enforcement powers, couldn't regulate commerce, or print money.
