Isabella Carter
The US Constitution was written and signed in 1787 by 39 delegates, including Benjamin Franklin and George Washington, in Philadelphia. The Constitution is the fundamental framework of America's system of government, delineating the frame of the federal government and separating its powers into three branches: the legislative, executive, and judicial. The Constitution was important because it superseded the Articles of Confederation, which many believed had created a weak central government, and it has helped the country avoid collapse by settling disputes over territory, war pensions, taxation, and trade.
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What You'll Learn
- The Constitutional Convention: 70 individuals were appointed, 55 attended, and 39 signed
- The Articles of Confederation: America's first constitution, deemed ineffective by many
- Separation of Powers: The legislative, executive, and judicial branches of government
- Checks and Balances: Ensuring no one branch of government has too much power
- Amendments: 27 amendments have been adopted, including the abolition of slavery
The Constitutional Convention: 70 individuals were appointed, 55 attended, and 39 signed
The Constitution of the United States is the supreme law of the land and was established by the Founding Fathers, who were political leaders that participated in the American Revolution. The Framers of the Constitution were delegates to the Constitutional Convention, which assembled in Philadelphia in May 1787. The original states, except Rhode Island, collectively appointed 70 individuals to the convention, but a number of these individuals did not accept or could not attend, including Richard Henry Lee, Patrick Henry, Thomas Jefferson, John Adams, Samuel Adams, and John Hancock. In total, 55 delegates attended the sessions, but only 39 actually signed the Constitution. The delegates represented a wide range of occupations and had diverse interests and views. They ranged in age from 26-year-old Jonathan Dayton to 81-year-old Benjamin Franklin, who had to be carried to sessions in a sedan chair due to his infirmity.
The Constitutional Convention was tasked with revising the Articles of Confederation, which was America's first constitution. However, the delegates ultimately decided to completely redesign the government. They understood that they were creating a framework for the future and sought to address the challenges facing the nation at the time, while also establishing foundational principles that would guide the country into an uncertain future. The Constitution reflects this vision by defining fundamental freedoms and governmental powers in general terms, such as freedom of speech, due process of law, and the power of Congress to regulate commerce among the states.
The delegates to the convention faced fierce arguments and challenges, particularly over congressional representation. They compromised by giving each state one representative for every 30,000 people in the House of Representatives and two representatives in the Senate. They also had to address the thorny issue of slavery, agreeing to count enslaved Africans as three-fifths of a person and allowing the slave trade to continue until 1808.
On September 17, 1787, the delegates signed the Constitution. George Reed signed for John Dickinson of Delaware, who was absent, bringing the total number of signatures to 39. 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 was required to enact the new government, and the process was a nail-biter, with Federalists and Anti-Federalists fighting hard for their respective causes.
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The Articles of Confederation: America's first constitution, deemed ineffective by many
The Articles of Confederation, written in 1777, was the United States' first constitution. It was proposed at the Second Continental Congress in Philadelphia and ratified in 1781. The Articles of Confederation were deemed ineffective due to several reasons, which ultimately led to the creation of the United States Constitution in 1787.
One of the main weaknesses of the Articles of Confederation was the distribution of power. The articles called for a confederacy, which placed sovereign power in the hands of the states, making Congress relatively weak. Congress lacked the power to enforce laws, levy taxes, or regulate commerce and trade effectively. While Congress could make treaties and alliances, maintain armed forces, and coin money, its ability to regulate trade was limited to interactions with Native American tribes and even then, it couldn't impair a state's ability to monitor its trade. The central government had little influence over states' import and export policies, leading to a lack of economic coordination among the states.
The Articles of Confederation also had a problematic voting system. Each state had one vote in Congress, regardless of its population size. This meant that larger states like Virginia, with significantly more citizens, had the same voting power as smaller states like Delaware. As a result, it was challenging to pass laws, as it required the consent of nine out of thirteen states.
Additionally, there were issues regarding taxation and representation. One proposal suggested that states contribute money to Congress in proportion to their population, including black and white inhabitants. However, southern states with large slave populations opposed this, arguing that taxes should be based only on the number of white inhabitants. This disagreement over taxation foreshadowed the division over slavery that would later play out in the Constitutional Convention.
The Articles of Confederation also faced challenges due to land claims by states, particularly regarding western lands. This led to opposition from states like Maryland, which did not have similar land claims and feared domination by neighbouring states with larger territories. These disputes over land contributed to the overall instability of the Articles of Confederation.
The Articles of Confederation, while important as the nation's first attempt at governance, ultimately proved ineffective due to its limitations on congressional power, voting discrepancies, taxation disputes, and land claims. These shortcomings led to the creation of the United States Constitution, which established a stronger central government and addressed the flaws of the Articles of Confederation.
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Separation of Powers: The legislative, executive, and judicial branches of government
The US Constitution was framed by 55 delegates with 39 signing it into law. These "founding fathers" were political leaders who had participated in the American Revolution, including John Adams, Benjamin Franklin, Alexander Hamilton, John Jay, Thomas Jefferson, James Madison, and George Washington. They were tasked with revising the Articles of Confederation, which was America's first constitution. However, the delegates ultimately decided to create a new constitution, forming a powerful central government.
The US Constitution consists of seven articles that define the basic framework of the federal government. The first three articles embody the doctrine of the separation of powers, dividing the federal government into three branches: the legislative, the executive, and the judicial.
The legislative branch, as per Article I, consists of a bicameral Congress. Congress may regulate "commerce… among the several states". The legislative branch also has the power to make rules and request funds from the states.
The executive branch, as outlined in Article II, consists of the President and subordinate officers. The President's role, as described in the Constitution, is to "take care that the laws be faithfully executed".
The judicial branch, as per Article III, is made up of the Supreme Court and other federal courts. The courts are authorized to decide "cases" and "controversies". The Supreme Court has original jurisdiction in cases involving ambassadors, ministers, and consuls, as well as those that involve foreign nation-states or are subject to federal judicial power. Federal courts also handle cases under international maritime law, conflicting land grants of different states, and cases between US citizens in different states or between US citizens and foreign states and their citizens. While no part of the Constitution expressly authorizes judicial review, the Framers contemplated the idea, and it has since been established as a precedent.
The separation of powers between these three branches of government was designed to address the specific challenges facing the nation at the time, as well as to establish foundational principles that would guide the new nation into the future. The Framers of the Constitution were visionaries who sought to define fundamental freedoms and governmental powers in general terms, allowing for flexibility and adaptation over time.
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Checks and Balances: Ensuring no one branch of government has too much power
The US Constitution was framed by 55 delegates with 39 signatories, known as the Founding Fathers. These included John Adams, Benjamin Franklin, Alexander Hamilton, John Jay, Thomas Jefferson, James Madison, and George Washington. The Constitutional Convention assembled in Philadelphia in May 1787, and the Constitution was signed on 17 September 1787.
The Constitution was important as it superseded the Articles of Confederation, which had given 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 Constitution was designed to endure and address the specific challenges facing the nation at the time, while also establishing foundational principles to guide the new nation into an uncertain future.
One of the key principles of the Constitution is the doctrine of the separation of powers, which divides the federal government into three branches: the legislative, consisting of the bicameral Congress; the executive, consisting of the president and subordinate officers; and the judicial, consisting of the Supreme Court and other federal courts.
The separation of powers is a critical check and balance to ensure that no one branch of government has too much power. Each branch has specific powers and responsibilities, and they are designed to balance and control each other. The legislative branch makes the laws, the executive branch enforces the laws, and the judicial branch interprets the laws and ensures that the other two branches do not exceed their powers.
The Founding Fathers understood the importance of checks and balances, recognising that political majorities may be tempted to enact laws that entrench their authority. They intended for the courts to play a central role in addressing these concerns and protecting the rights of minorities. As Thomas Jefferson stated, the judiciary could exercise a "legal check" on the political majority.
The Constitution also includes concepts of federalism, describing the rights and responsibilities of state governments in relation to the federal government. This further ensures that power is distributed and balanced between different levels of government.
The framers of the Constitution were visionaries who sought to create a durable framework for the nation. They understood that the Constitution would need to be interpreted and adapted over time to address new challenges and crises. By establishing a system of checks and balances, they ensured that no one branch of government would have too much power and that the rights and freedoms of the people would be protected.
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Amendments: 27 amendments have been adopted, including the abolition of slavery
The US Constitution was written and signed in 1787, and it superseded the Articles of Confederation, the nation's first constitution, on March 4, 1789. The Constitution includes an introductory paragraph, a list of seven articles that define the government's framework, an untitled closing endorsement with the signatures of 39 framers, and 27 amendments that have been adopted under Article V. 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 13th Amendment to the US Constitution, passed by the Senate on April 8, 1864, and by the House of Representatives on January 31, 1865, abolished slavery and involuntary servitude, except as punishment for a crime. It was ratified by the required 27 of the then 36 states on December 6, 1865, and proclaimed on December 18, 1865. The 13th Amendment was the first of three Reconstruction Amendments adopted following the American Civil War.
The 13th Amendment was the final answer to the question surrounding the institution of slavery in the United States. Before 1865, slavery was sparingly mentioned in the Constitution. The Three-Fifths Compromise, mentioned in Article I, Section 2, Clause 3, was the only reference to the way enslaved persons were to be regarded by the federal government, that being as "three-fifths" of a fully free citizen. The Fugitive Slave Clause, located in Article IV, Section 2, asserted that a slave who was bound by the laws of their home state remained a slave wherever they went, even if they fled to a non-slavery state.
The 13th Amendment was designed to handle the apportionment of the substantial enslaved population across the country, specifically for measuring the number of seats the individual states should have in the House of Representatives. Before the 13th Amendment, every state in the North had either eliminated slavery entirely or provided ways for slaves to be emancipated or to emancipate themselves. No such offerings were made in the Southern states, where the largest amount of slave labour was concentrated.
The 13th Amendment was preceded by President Abraham Lincoln's Emancipation Proclamation, which came into effect on January 1, 1863, declaring that slaves in Confederate-controlled areas were free. However, the question of whether these newly emancipated slaves would remain free after the Confederacy's defeat remained unanswered. Lincoln endorsed the amendment in a letter accepting his nomination, and although he was assassinated just days after the war ended, his Vice President, Andrew Johnson, made the amendment's ratification his first major policy.
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Frequently asked questions
70 individuals were appointed to the Constitutional Convention, but only 55 attended the sessions, and 39 signed the Constitution. Some notable delegates were James Madison, Alexander Hamilton, George Washington, Benjamin Franklin, and John Adams.
The Constitution is the supreme law of the United States of America. It delineates the framework of the federal government, separating powers into three branches: the legislative, executive, and judicial. It also sets up a system of checks and balances to ensure no one branch has too much power.
A few years after the Revolutionary War, James Madison, Alexander Hamilton, and George Washington feared that the young country was on the brink of collapse. 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 country apart.
