The Constitution: An Open View

who had an open veiw of the constitution

The United States Constitution, the supreme law of the United States of America, was drafted at the Constitutional Convention in Philadelphia between May 25 and September 17, 1787. The convention was convened to address the inadequacies of the Articles of Confederation, which had established a loose union between the 13 states following the American Revolution. The Constitution superseded the Articles of Confederation and established a more unified and powerful federal government. It consists of four sections: an introductory paragraph, seven articles outlining the government's framework, an untitled closing endorsement, and 27 amendments. The Constitution has been amended over time to reflect changing societal needs and values, with the first ten amendments, known as the Bill of Rights, added in 1791 to guarantee certain individual freedoms and rights. The drafting and adoption of the Constitution were influenced by notable figures such as Alexander Hamilton, who advocated for a strong central government and played a crucial role in achieving its ratification.

Characteristics Values
Date of drafting May 25 to September 17, 1787
Location of drafting Independence Hall, Philadelphia
People involved Alexander Hamilton, John Jay, James Madison, George Washington, John Adams, Thomas Jefferson, James Wilson, Oliver Ellsworth, John Marshall, Benjamin Franklin, Robert Morris, Royall Tyler, John Tyler, James Monroe
Previous government Under the Articles of Confederation, the 13 states were loosely united
Purpose To unite the states under a federal government, and to outline the rights and responsibilities of citizens and states in relation to the government
Structure Consists of an introductory paragraph, seven articles, an endorsement with 39 signatures, and 27 amendments
First three articles Embodies the doctrine of the separation of powers, dividing the federal government into the legislative, executive, and judicial branches
Legislative branch Bicameral Congress
Executive branch President and subordinate officers
Judicial branch Supreme Court and other federal courts
Amendments The first 10 amendments constitute the Bill of Rights, which was added in 1791
First Amendment Protects individual freedoms, including freedom of religion, speech, press, assembly, and the right to petition

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The Constitution's first three articles

The Constitution of the United States is the supreme law of the United States of America. It superseded the Articles of Confederation, the nation's first constitution, on March 4, 1789. The drafting of the Constitution, often referred to as its framing, was completed at the Constitutional Convention, which assembled at Independence Hall in Philadelphia between May 25 and September 17, 1787. The Constitution includes four sections: an introductory paragraph titled Preamble, 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 Preamble, the Constitution's introductory paragraph, lays out the purposes of the new government: "We the People of the United States, in Order to form a perfect Union, establish Justice, insure domestic Tranquility, provide for the common defence, promote the general Welfare, and secure the Blessions of Liberty to ourselves and our Posterity, do ordain and establish this Constitution for the United States of America". The opening words, "We the People", represented a new thought.

The first three articles of the Constitution embody the doctrine of the separation of powers, in which the federal government is divided into three branches: the legislative, the executive, and the judicial. The legislative branch, consisting of the bicameral Congress, is outlined in Article I. This article establishes a two-house Congress that is elected on a proportional basis based on state population. The executive branch, consisting of the President and subordinate officers, is outlined in Article II. The judicial branch, consisting of the Supreme Court and other federal courts, is outlined in Article III.

The Constitution was the result of a convention that had its specific origins in a proposal offered by Madison and John Tyler in the Virginia assembly that the Continental Congress be given power to regulate commerce throughout the Confederation. Through their efforts in the assembly, a plan was devised inviting the several states to attend a convention at Annapolis, Maryland, in September 1786, to discuss commercial problems. Madison and a young lawyer from New York named Alexander Hamilton issued a report on the meeting in Annapolis, calling upon Congress to summon delegates of all the states to meet for the purpose of revising the Articles of Confederation. Although the report was widely viewed as a usurpation of congressional authority, the Congress did issue a formal call to the states for a convention.

The Constitution was signed on September 17, 1787, and ratified on June 21, 1788. The first ten Amendments introduced were referred to as the Bill of Rights, which consists of 10 amendments that were added to the Constitution in 1791, as supporters of the Constitution had promised critics during the debates of 1788. The First Amendment prohibits Congress from obstructing the exercise of certain individual freedoms: freedom of religion, freedom of speech, freedom of the press, freedom of assembly, and the right to petition.

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The Bill of Rights

The United States Constitution is the supreme law of the United States of America. It superseded the Articles of Confederation, the nation's first constitution, on March 4, 1789. The drafting of the Constitution, often referred to as its framing, was completed at the Constitutional Convention, which assembled at Independence Hall in Philadelphia between May 25 and September 17, 1787. The convention's initial mandate was limited to amending the Articles of Confederation, which had proven ineffective in meeting the young nation's needs. However, the delegates quickly began considering measures to replace the Articles altogether. The Constitution includes four sections: an introductory paragraph titled Preamble, 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 Preamble, the Constitution's introductory paragraph, lays out the purposes of the new government: "We the People of the United States, in Order to form a perfect Union, establish Justice, insure domestic Tranquility, provide for the common defence, promote the general Welfare, and secure the Blessings of Liberty to ourselves and our Posterity, do ordain and establish this Constitution for the United States of America." The opening words, "We the People," represented a new idea: the people are vested with the power of the union.

The first ten Amendments to the Constitution are referred to as the Bill of Rights. These Amendments were added in 1791, as supporters of the Constitution had promised critics during the debates of 1788. The First Amendment prohibits Congress from obstructing the exercise of certain individual freedoms, including freedom of religion, speech, the press, assembly, and the right to petition. Its Free Exercise Clause guarantees a person's right to hold and exercise religious beliefs, while its Establishment Clause prevents the federal government from creating an official national church or favouring one set of religious beliefs over another. The First Amendment guarantees an individual's right to express and be exposed to a wide range of opinions and views, ensuring a free exchange of ideas.

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The influence of Alexander Hamilton

Alexander Hamilton was a key figure in the creation and ratification of the US Constitution, although his direct influence at the Constitutional Convention was limited. Hamilton was just 30 when he was selected as a delegate from New York to the Constitutional Convention in Philadelphia in 1787. He had been a leader in calling for such a convention, issuing a report with Madison calling for a convention to revise the Articles of Confederation, which had proven inadequate for governing the union of states.

Hamilton's preference was for a constitutional monarchy, but he accepted that this was unlikely to be accepted. He proposed a president-for-life, but this idea was also rejected. Hamilton's influence was felt more in his advocacy for a strong national government, a position that was opposed by the other two delegates from New York.

Hamilton played a key role in the ratification of the Constitution, particularly in his home state of New York, where he faced opposition from Anti-Federalists such as Governor George Clinton. Hamilton collaborated with James Madison and John Jay on the Federalist Papers, a collection of 85 articles and essays written under the pseudonym "Publius" to promote the ratification of the Constitution. Hamilton authored 51 of these. At the New York Ratifying Convention in Albany in 1788, Hamilton faced 47 Anti-Federalists but successfully made the case for ratification.

Hamilton's influence extended beyond the Constitution to the founding principles of American finance and government. He served as the first US secretary of the treasury and remained an advisor to President Washington. Hamilton's ideas also shaped the Haitian constitution, and they influenced 19th-century German economist Friedrich List and Henry Charles Carey, who served as Abraham Lincoln's chief economic advisor.

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The Federalists and Anti-Federalists

The Federalists, including prominent figures like Alexander Hamilton, advocated for a strong central government and a written constitution. Hamilton, in Federalist No. 78, argued for the doctrine of a written document as a superior enactment of the people, declaring that "a limited constitution can be preserved in practice no other way" than through courts that can void legislation contrary to it. The Federalists' influence led to the creation of a bicameral (two-house) Congress, an elected chief executive, and an appointed judicial branch, as outlined in the Constitution's first three articles.

On the other hand, the Anti-Federalists never organised efficiently across all thirteen states, and thus had to fight the ratification at each state convention. Their success lay in forcing the first Congress under the new Constitution to establish a Bill of Rights, ensuring the liberties they believed the original Constitution violated. The first ten Amendments, known as the Bill of Rights, were added to the Constitution in 1791 to address these concerns.

The drafting of the Constitution, also known as its framing, took place at the Constitutional Convention in Independence Hall, Philadelphia, from May 25 to September 17, 1787. The convention was convened due to the efforts of James Madison and Alexander Hamilton, who issued a report calling for a revision of the Articles of Confederation. The delegates, chosen by the state legislatures of 12 of the 13 original states (Rhode Island refused to send delegates), initially aimed to amend the Articles but quickly moved towards replacing them.

The Constitution includes four main sections: an introductory paragraph (the Preamble), a list of seven Articles defining the government's framework, an untitled closing endorsement with the signatures of 39 framers, and 27 amendments adopted under Article V. The Preamble, beginning with "We the People," sets out the purposes of the new government, including forming a more perfect Union, establishing Justice, and securing the Blessings of Liberty.

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The Continental Congress

The First Continental Congress, comprised of delegates from the colonies, met in 1774 in response to the Intolerable Acts, a series of measures imposed by the British government after the colonies resisted new taxes. The Congress was structured with an emphasis on the equality of participants and to promote free debate. It met for about six weeks, mainly to try to repair the relationship between Britain and the colonies while asserting the rights of colonists. The delegates included future luminaries such as future presidents John Adams of Massachusetts and George Washington of Virginia, and future U.S. Supreme Court Chief Justice and diplomat John Jay of New York.

The Second Continental Congress convened in 1775, soon after hostilities broke out in Massachusetts. It served as the provisional government of the U.S. during most of the Revolutionary War. It functioned as a de facto common government by raising armies, directing strategy, appointing diplomats, and making formal treaties. The Second Congress sent the Olive Branch Petition to King George III, established the Continental Army, and elected George Washington commander of the new army. As the war progressed, the Continental Congress became America's de facto national government, and, as such, conducted diplomacy on behalf of the new United States. In 1776, it took the momentous step of declaring America’s independence from Britain.

In 1781, the nation's first Frame of Government, the Articles of Confederation and Perpetual Union, came into force, and thus the body became what later was called the Congress of the Confederation. This unicameral governing body would convene in eight sessions before adjourning in 1789 when the 1st United States Congress under the new Constitution of the United States took over the role as the nation's legislative branch of government.

The Continental and Confederation Congresses had extensive experience in legislative bodies, with a cumulative total of nearly 500 years of experience in their Colonial assemblies. Almost every significant political figure of the American Revolution served in the Continental Congress, including Samuel Adams, John Adams, John Hancock, John Jay, Alexander Hamilton, Thomas Jefferson, Benjamin Franklin, James Madison, Patrick Henry and George Washington.

Frequently asked questions

The Constitution of the United States was drafted at the Constitutional Convention in Philadelphia, which took place between May 25 and September 17, 1787. The convention was presided over by General George Washington, who was unanimously elected president of the convention. James Madison, Alexander Hamilton, and John Jay wrote a series of 85 essays in support of the Constitution, known as "The Federalist", which were critical in achieving its ratification.

The Federalist essays proclaimed that "the vigor of government is essential to the security of liberty". Alexander Hamilton, in particular, advocated for a strong central government and a written constitution, arguing that "a limited constitution can be preserved in practice no other way" than through courts that can declare legislation contrary to it void.

Anti-Federalists, such as Governor George Clinton, objected to the Constitution on the grounds that it gave too much power to the federal government.

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