
The framers of the US Constitution believed that a new constitution was necessary to address the specific challenges facing the young nation at the time and to establish foundational principles that would guide the country into an uncertain future. The Articles of Confederation, America's first constitution, had given the Confederation Congress the power to make rules and request funds from the states, but it lacked enforcement powers, could not regulate commerce or print money, and could not effectively settle disputes between states. The framers of the new Constitution sought to create a powerful central government that could address these issues, while also defining fundamental freedoms and governmental powers in general terms, allowing for adaptability in the future. The process of drafting the new Constitution involved compromises between delegates with wildly different interests and views, and the final document reflected a bundle of these compromises.
| Characteristics | Values |
|---|---|
| To replace the Articles of Confederation | The Articles of Confederation were considered deficient and inadequate, lacking enforcement powers, the ability to regulate commerce, print money, and settle disputes between states. |
| A strong central government | Federalists believed a strong central government was necessary to address the nation's challenges. The framers created a powerful central government, but were also wary of centralized power. |
| Compromise | The Constitution has been described as a "bundle of compromises", with delegates representing different interests and views. The framers crafted compromises to address disputes over territory, war pensions, taxation, trade, and congressional representation. |
| Fundamental freedoms and governmental powers | The Constitution defines fundamental freedoms such as freedom of speech, due process of law, freedom of religion, equal protection of laws, and protection from cruel and unusual punishment. It also sets forth governmental powers, including Congress's ability to regulate commerce and the president's role in executing laws. |
| Judicial independence | The framers established a nationwide system of courts, including the U.S. Supreme Court, to protect federal interests and interpret the Constitution. Federal judges were granted tenure and protection from salary diminution to safeguard their independence. |
| Ratification process | The framers bypassed state legislatures and called for special ratifying conventions in each state, recognizing that state legislators might be reluctant to cede power to a national government. |
| Adaptability | The framers intended the Constitution to be adaptable to future challenges and crises, entrusting future generations with interpreting and applying its broad principles in changing societal contexts. |
| Limitations on political influence | The framers sought to limit the political influence of the voting public, particularly through their control over state governments. The Constitution also excluded certain groups, such as women and those without sufficient property, from the franchise. |
| Amendments | The Constitution has been amended multiple times, including the 16th Amendment (1913) expanding federal taxing power, the 18th Amendment (1919) prohibiting alcohol, and the 27th Amendment (1992) regarding congressional pay raises. |
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What You'll Learn

The inadequacy of the Articles of Confederation
The Articles of Confederation, America's first constitution, gave the Confederation Congress the authority to make rules and request funds from the states. However, it lacked enforcement powers, the ability to regulate commerce, and the power to print money. The central government was weak, and the states retained significant power, leading to disputes over territory, war pensions, taxation, and trade that threatened to tear the young nation apart. James Madison, Alexander Hamilton, and George Washington, feared that their country was on the brink of collapse due to these issues.
The Articles of Confederation had been in force since 1781, established as a "league of friendship" among the 13 sovereign and independent states after the Revolution. However, Madison, a nationalist, believed that the Articles were inadequate and needed to be replaced. He argued that the central government needed more power to regulate commerce, tax, and set commercial policy effectively. Madison and his allies also believed that any new constitution should be ratified by the people, bypassing state legislatures where many state political leaders stood to lose power.
The Constitutional Convention assembled in Philadelphia in May 1787 to address these issues. The delegates, representing diverse interests and views, initially intended to revise the Articles of Confederation. However, they soon decided to completely redesign the government, creating a powerful central government. One of the fiercest arguments was over congressional representation, which they compromised on by giving each state one representative for every 30,000 people in the House and two representatives in the Senate.
The framers of the new Constitution sought to address the specific challenges facing the nation at the time while also establishing foundational principles to guide the country into an uncertain future. They included broad principles in the Constitution, such as "freedom of speech," "due process of law," and "equal protection of the laws," recognizing that future generations would need to interpret and adapt these principles to changing circumstances. The Constitution also authorized a nationwide system of courts, including a U.S. Supreme Court, to protect the interests of the federal government and provided for the judicial independence of federal judges.
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The need for a powerful central government
The founding fathers of the United States of America assembled in Philadelphia in May 1787 to revise the Articles of Confederation, the country's first constitution. However, they soon decided to completely redesign the government, as they believed that the Articles of Confederation were deficient in several ways.
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, print money, or effectively support a war effort. It also couldn't settle disputes between states over territory, war pensions, taxation, and trade, which threatened to tear the young country apart.
The Federalists, who believed that a strong central government was necessary to face the nation's challenges, wanted to replace the Articles of Confederation with a new constitution. They argued that the central government under the Articles of Confederation had insufficient power and that the states retained too much power.
The Anti-Federalists, on the other hand, opposed the creation of a powerful central government, as it reminded them of the one they had just overthrown during the Revolutionary War. They also criticised the lack of a bill of rights guaranteeing individual liberties such as freedom of speech and freedom of religion.
The framers of the new constitution sought to address these challenges and establish foundational principles that would guide the new nation into an uncertain future. They wanted to create a powerful central government that could effectively regulate commerce, taxation, and trade, and protect the country from collapse. They also wanted to define 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.
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The protection of fundamental freedoms
The framers of the US Constitution were visionaries who designed a constitution to endure. They sought to address the challenges facing the nation at the time, while also establishing foundational principles that would sustain and guide the new nation into an uncertain future.
The Constitution was created to protect fundamental freedoms, and it defines these freedoms in general terms. These include "freedom of speech," "due process of law," "free exercise" of religion, "equal protection of the laws," and protection from "cruel and unusual punishment." The framers recognised that they were entrusting future generations with the responsibility to interpret and give concrete meaning to these broad principles over time.
The Constitution also sets forth governmental powers in general terms. For example, it states that Congress may regulate "commerce among the several states," and that the president will "take care that the laws be faithfully executed." The framers intended for the Constitution to endure and adapt to the various crises of human affairs, recognising that the central challenge of constitutional interpretation is to define and give life to its principles in an ever-changing society.
The framers were concerned about protecting individual liberties and preventing the concentration of power in a central government. They wanted to ensure that the government could not infringe on the freedoms guaranteed by the Constitution. The Anti-Federalists, who fought against the Constitution, believed that it lacked a bill of rights and created a powerful central government that reminded them of the one they had just overthrown. The Federalists, on the other hand, believed that a strong central government was necessary to face the nation's challenges.
The Constitution was a bundle of compromises, with enough compromises that nearly every delegate could find something he did not like. The framers crafted these compromises to address the specific challenges facing the nation, such as disputes over territory, war pensions, taxation, and trade, which threatened to tear the young country apart. The framers recognised that majority rule was the best system of government, but they also knew it was imperfect. They understood that courts must generally defer to the preferences of the majority while also guarding against arbitrary or unreasonable governmental actions.
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The establishment of governmental powers
The framers were wary of centralised power and loyal to their individual states. However, they also recognised the need for a stronger central government to address the issues facing the young nation. The Articles of Confederation, America's first constitution, had given the Confederation Congress rule-making and funding powers, but it lacked enforcement powers, the ability to regulate commerce, and the authority to print money. This had led to disputes between the states over territory, war pensions, taxation, and trade, threatening to tear the country apart.
The framers aimed to establish a balance of powers between the states and the central government. They crafted a powerful central government with defined governmental powers, entrusting future generations with the responsibility to interpret and adapt these broad principles over time. The Constitution sets forth these governmental powers in general terms, such as Congress's authority to regulate commerce among the states, the president's duty to execute the laws faithfully, and the courts' authority to decide cases and controversies.
The framers also considered the role of the judiciary and sought to shield it from populist influence. They established a nationwide system of courts, including the US Supreme Court, to protect the interests of the federal government, particularly in matters of taxation and enforcement of federal treaties. To safeguard the independence of federal judges, they were granted tenure during good behaviour and protection from salary diminution.
The process of establishing governmental powers involved intense debates and compromises. The framers represented diverse interests and views, and while they agreed on the need for a stronger central government, they had differing opinions on specific aspects. The final Constitution reflects these compromises, with provisions such as representation in the House and the Senate based on a combination of population and equal state representation.
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The ratification process
The US Constitution was ratified on June 21, 1788, when New Hampshire became the ninth of 13 states to ratify it. The journey to ratification was long and arduous. 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 had no enforcement powers, couldn't regulate commerce, or print money. The disputes over territory, war pensions, taxation, and trade threatened to tear the young country apart.
The Constitutional Convention assembled in Philadelphia in May 1787 to revise the Articles of Confederation. However, by mid-June, the delegates had decided to completely redesign the government. 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 and allowed the slave trade to continue until 1808.
The ratification campaign was challenging, with Federalists and Anti-Federalists on opposite sides. The Federalists, who believed in the necessity of a strong central government, needed to convert at least three states. The Anti-Federalists opposed the Constitution due to its resemblance to the government they had just overthrown and its lack of a bill of rights. Delaware was the first state to ratify the Constitution on December 7, 1787, followed by Pennsylvania, New Jersey, Georgia, and Connecticut. The ratification process continued with Massachusetts, Maryland, and South Carolina.
The Massachusetts Compromise, reached in February 1788, addressed the lack of protection for rights such as freedom of speech, religion, and press. It stipulated that amendments would be proposed, leading to the creation of the Bill of Rights. On June 21, 1788, New Hampshire's ratification marked the ninth state, enacting the new government. The US Constitution became the official framework for the government of the United States, guiding the nation, protecting the rights of Americans, and inspiring democracies worldwide.
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Frequently asked questions
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 young country apart.
The framers of the new constitution wanted to establish the foundational principles that would sustain and guide the new nation into an uncertain future. They sought to address the specific challenges facing the nation during their lifetimes, such as the relative political influence of the voting public and the power of state governments. They also wanted to define fundamental freedoms and governmental powers in general terms.
The new constitution was described as "a bundle of compromises". One of the fiercest arguments was over congressional representation—whether it should be based on population or divided equally among the states. A compromise was reached by giving each state one representative for every 30,000 people in the House of Representatives and two representatives in the Senate. Another compromise was reached on the issue of slavery, with the delegates agreeing that the slave trade could continue until 1808.
The framers of the new constitution bypassed the state legislatures and called for special ratifying conventions in each state. They believed that state political leaders in the legislatures would be reluctant to give up power to a national government. Ratification by 9 of the 13 states enacted the new government.























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