The Constitution's Status Quo: Who Had The Power?

who had status during the time of the constitution

The Constitution of the United States was created by a group of delegates convened in Philadelphia in 1787, including George Washington, James Madison, and Alexander Hamilton, who were concerned about the instability of the young nation and the inadequacies of the Articles of Confederation, which gave the Confederation Congress limited powers and no enforcement authority. The delegates debated and ultimately proposed a new form of government, compromising on issues such as congressional representation and slavery. The Constitution was ratified by nine of the 13 states, with Federalists and Anti-Federalists emerging as factions. The Federalists, including Hamilton and Madison, supported a strong central government and lobbied for ratification, while Anti-Federalists opposed the creation of a powerful central government. The Constitution's journey to ratification was long and challenging, involving state-level debates and amendments, and it wasn't until 1790 that all states ratified the document, with the Bill of Rights being added in 1791.

Characteristics Values
Date of signing September 17, 1787
Location Philadelphia
Number of delegates present 41
Number of delegates who signed 38
Number of states required for ratification 9 out of 13
First state to ratify Delaware
Date of first state ratification December 7, 1787
Date of official ratification June 21, 1788
Date of first federal elections December 15, 1788
Date of new government March 4, 1789
Date of first 10 amendments ratification December 15, 1791
Date of ratification by all states May 29, 1790
Date of ratification of 13th Amendment 1865
Date of ratification of 14th Amendment 1868

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The Constitutional Convention

General George Washington, James Madison, and Alexander Hamilton were among those who feared the country was on the brink of collapse. Hamilton played a key role in convincing Congress to organize a Grand Convention of state delegates to revise the Articles. The delegates, chosen by the state legislatures of 12 of the 13 original states (Rhode Island refused to send delegates), assembled in Independence Hall, Philadelphia, with a mandate to amend the Articles. However, they ended up drafting a new constitution, creating a stronger central government with more defined powers.

The convention's proceedings were kept secret, with shuttered windows to ensure privacy. The delegates, representing diverse interests and views, crafted a government based on a series of checks and balances, dividing federal authority among the legislative, judicial, and executive branches. The executive branch, which was initially envisioned as relatively weak, gained more power during the convention, particularly in the area of foreign relations. The president acquired the authority to conduct foreign affairs, and the constitution established departments within the executive branch, including the Department of Foreign Affairs (later renamed the Department of State).

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The Articles of Confederation

Just a few years after the Revolutionary War, James Madison, Alexander Hamilton, and George Washington feared their young country was on the brink of collapse. Alexander Hamilton helped convince Congress to organize a Grand Convention of state delegates to work on revising the Articles of Confederation. The Constitutional Convention assembled in Philadelphia in May 1787. The delegates appointed a Committee of Detail to put its decisions in writing.

Although they had gathered to revise the Articles of Confederation, the delegates decided to completely redesign the government. One of the fiercest arguments was over congressional representation—should it be based on population or divided equally among the states? The framers compromised by giving each state one representative for every 30,000 people in the House of Representatives and two representatives in the Senate. They agreed to count enslaved Africans as three-fifths of a person. Slavery itself was a thorny question that threatened to derail the Union. It was temporarily resolved when the delegates agreed that the slave trade could continue until 1808.

On September 17, 1787, the Convention concluded with the signing of the new U.S. Constitution by 38 out of 41 delegates present. Under Article VII, it was agreed that the document would not be binding until its ratification by nine of the 13 existing states. Hamilton and James Madison led the lobbying efforts for votes in favour of ratifying the Constitution. With assistance from John Jay, they produced the 85 essays known as "The Federalist Papers" that explained and defended how the proposed new government would function. The first state to ratify the Constitution was Delaware on December 7, 1787, followed by Pennsylvania, New Jersey, Georgia, and Connecticut. On June 21, 1788, the Constitution became the official framework of the government of the United States of America when New Hampshire became the ninth of 13 states to ratify it.

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The Federalist viewpoint

Federalists believed that a strong central government was necessary to address these challenges. They advocated for a powerful central government with specific powers, including the ability to conduct relations with foreign governments and regulate interstate commerce. They also supported the increase in Congressional power to organize, arm, and discipline state militias, as well as the expansion of Congressional power over taxation.

To Federalists, the creation of a strong central government was a way to provide order and stability to the nation. They saw the Constitutional Convention, which met in Philadelphia from May to September 1787, as an opportunity to revise the existing government and create a new one. The Federalists' viewpoint was reflected in the final Constitution, which established a federal government with enhanced powers and a system of checks and balances between the Legislative, Judicial, and Executive branches.

The ratification process of the Constitution further demonstrated the Federalist viewpoint. Recognizing that state legislatures would be reluctant to give up power to a national government, the Federalists bypassed them and called for special ratifying conventions in each state. This strategy ultimately led to the enactment of the new government with ratification by 9 of the 13 states.

However, it is important to note that the Federalist viewpoint faced opposition from Anti-Federalists, who fought against the Constitution. Anti-Federalists saw the strong central government as a reminder of the one they had just overthrown and criticized the lack of a bill of rights guaranteeing individual liberties such as freedom of speech and religion. The Federalist viewpoint, nevertheless, prevailed, and the US Constitution, with its strong central government and enhanced Congressional powers, came into effect in 1789.

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The Anti-Federalist viewpoint

The Anti-Federalists were a late-18th-century political movement that opposed the creation of a stronger US federal government and later opposed the ratification of the 1787 Constitution. Led by Patrick Henry of Virginia, they believed that the position of president might evolve into a monarchy. The Anti-Federalists failed to prevent the adoption of the Constitution, but their efforts were not entirely in vain.

The Anti-Federalists were composed of diverse elements, including those who opposed the Constitution because they thought that a stronger government threatened the sovereignty and prestige of the states, localities, or individuals. Some saw in the proposed government a new centralized and "monarchic" power that would replicate the cast-off governance of Great Britain. Others simply feared that the new government threatened their personal liberties. Some of the opposition believed that the central government under the Articles of Confederation was sufficient, while others believed that while the national government under the Articles was too weak, the national government under the Constitution would be too strong.

The Anti-Federalists believed that the Constitution, as drafted, would lead to a loss of individual liberties, an erosion of state sovereignty, and the potential for the rise of tyranny. They advocated for a more decentralized form of government with greater protections for individual rights and stronger representation for the states. Principally, they were afraid that the national government would be too robust and would, thus, threaten states and individual rights. They believed that the liberties of the people were best protected when power resided in state governments, as opposed to a federal one.

The Anti-Federalists wanted a bill of rights to be added to the Constitution. They argued that in a state of nature, people were entirely free. In society, some rights were yielded for the common good. But, there were some rights so fundamental that to give them up would be contrary to the common good. These rights, which should always be retained by the people, needed to be explicitly stated in a bill of rights that would clearly define the limits of government. A bill of rights would serve as a fire bell for the people, enabling them to immediately know when their rights were threatened.

The Federalists rejected the proposition that a bill of rights was needed. They made a clear distinction between the state constitutions and the US Constitution. Using the language of social compact, Federalists asserted that when the people formed their state constitutions, they delegated to the state all rights and powers that were not explicitly retained by the people. The state governments had broad authority to regulate even personal and private matters. But in the US Constitution, the people or the states retained all rights and powers not positively granted to the federal government. In short, everything not given was reserved.

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The 13th and 14th Amendments

The United States Constitution was ratified on June 21, 1788, when New Hampshire became the ninth of 13 states to ratify it. The Constitution was the official framework of the government of the United States of America. The journey to ratification was long and arduous, and the document was tailored to a newly formed nation made of states acting more like independent, sovereign countries.

The 13th Amendment changed a portion of Article IV, Section 2, and gave Congress the power to enforce this article with appropriate legislation. The 14th Amendment changed a portion of Article I, Section 2.

Frequently asked questions

James Madison, Alexander Hamilton, and George Washington.

Delaware, on December 7, 1787.

The Constitution was created to provide a stronger, more centralized government for the United States, replacing the Articles of Confederation, which lacked enforcement powers and the ability to regulate commerce or print money.

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