Omar Bennett
The United States Constitution, which came into effect in 1789, was preceded by the Articles of Confederation, the nation's first constitution, which was ratified in 1781. The Articles of Confederation established a league of friendship for the 13 sovereign and independent states, with each state retaining powers not delegated to the United States. However, the Articles gave limited power to the central government, leading to calls for a stronger, more centralized government. The U.S. Constitution superseded the Articles of Confederation and outlined a federal government with three branches: legislative, executive, and judicial. The process of creating the U.S. Constitution was influenced by two constitutional traditions: the first stemming from charters, letters-patent, and instructions written in England, and the second from covenants, compacts, agreements, and codes written by the colonists themselves. This second tradition reflected the colonists' practice of self-government and their familiarity with written documents defining their political context. As a result, each colony had its own governmental system and constitution, which influenced the U.S. Constitution.
| Characteristics | Values |
|---|---|
| Date of creation | 1777 |
| Purpose | To act as the first constitution of the United States, establishing a "league of friendship" for the 13 sovereign and independent states |
| Amendments | Amendments to the United States Constitution are appended to the document |
| Voting rights | Did not originally define who was eligible to vote, allowing each state to determine eligibility |
| Ratification | Ratification by all 13 states was necessary; this was achieved on May 29, 1790, when Rhode Island approved the document |
| Government type | The constitution delineates the frame of the federal government, which is divided into three branches: legislative, executive, and judicial |
| State powers | Each state retained "every Power...which is not by this confederation expressly delegated to the United States" |
| Representation | Each state had one vote in Congress, regardless of population |
| Compromises | The Connecticut Compromise proposed a Congress with proportional representation in the lower house and equal representation in the upper house (the Senate), giving each state two senators |
| Rights | The colonists claimed rights such as "life, liberty, and property," freedom of speech, religion, and press, and the right to peaceably assemble |
| Influences | The US Constitution was influenced by English constitutional traditions and colonial documents, including charters, letters-patent, covenants, and agreements written by the colonists |
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What You'll Learn
The influence of colonial charters
Colonial charters allowed colonists a degree of autonomy and self-governance. Most colonial charters permitted the colonists to design their political institutions and practice self-government, or at the very least, allowed them to fill in the gaps in their governance. Charters often granted exclusive powers to proprietors or settlement companies, who then determined the administration, laws, and ordinances for the colony, albeit within the confines of English law.
The Virginia Charter, for instance, was issued in 1606 and revised in 1609 and 1612, before being revoked in 1624. The Massachusetts Bay Colony received its charter in 1629, and Connecticut was granted its charter by King Charles II in 1662, along with the right of self-government. Rhode Island received its charter from King Charles II in 1663, and both Connecticut and Rhode Island were allowed to elect their governors.
The concept of charters evolved due to political upheavals, especially after the English Civil Wars in the 1640s and the "Glorious Revolution" of 1688. As conflicts escalated across the Atlantic, many colonies surrendered their charters to the Crown by 1763, becoming royal colonies under more centralized control.
The existence of colonial charters and the practice of self-governance laid the foundation for the American Revolution and the creation of the United States Constitution. The colonists were accustomed to having written documents that defined their political context and could be amended through a political process. This blend of traditions, influenced by both English constitutional practices and the unique circumstances of the colonies, contributed to the formation of a distinctively American constitutional perspective.
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Self-government and political institutions
The United States Constitution, which came into effect in 1789, superseded the Articles of Confederation, the nation's first constitution, which was ratified in 1781. The Articles of Confederation established a "league of friendship" for the 13 sovereign and independent states, with each state retaining "every Power...which is not by this confederation expressly delegated to the United States".
The Articles of Confederation served as a framework for self-government and political institutions in the newly formed nation. Each state had one vote in Congress, and the document outlined the rights and principles that would later be incorporated into the United States Constitution. The colonists claimed rights such as "life, liberty, and property", the right to participate in legislative councils, and the right "to be tried by their peers".
The early colonial charters allowed colonists to design their own political institutions and practice self-government. This led to the creation of covenants, compacts, agreements, ordinances, codes, and oaths written by the colonists themselves. These documents, known as the second constitutional tradition, can be found in the early state constitutions. The first constitutional tradition, on the other hand, can be found in the charters, letters-patent, and instructions for the colonists written in England.
The process of creating the United States Constitution involved blending these two traditions to produce a uniquely American constitutional perspective. The colonists were used to having a written document, such as the Magna Carta or the English Constitution, defining the context of their politics. At the same time, they became accustomed to writing their own documents to flesh out the particulars of their governments, as time and distance from England made close control difficult.
The creation of the United States Constitution involved a series of meetings and conventions, with delegates from the colonies proposing and debating various resolutions and principles. The final document was signed by 38 out of 41 delegates present and needed to be ratified by nine of the 13 states to come into effect. The Constitution delineates the frame of the federal government, with the legislative, executive, and judicial branches, and describes the rights and responsibilities of state governments in relation to the federal government.
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The role of the Continental Congress
The Continental Congress played a pivotal role in the formation of the United States' first constitution, the Articles of Confederation. The First Continental Congress, composed of delegates from 12 colonies, convened in Philadelphia in September 1774. On October 14, 1774, the assembly adopted the Declaration and Resolves of the First Continental Congress, which embodied a statement of rights and principles that would later be incorporated into the Declaration of Independence and the Federal Constitution.
The Second Continental Congress, which convened from 1775 to 1777, appointed three committees on June 11, 1776, after the Lee Resolution proposed independence for the American colonies. One of these committees, composed of one representative from each colony, was tasked with determining the form the confederation of the colonies should take. John Dickinson, a delegate from Delaware, was the principal writer of the Dickinson Draft of the Articles of Confederation, which named the confederation the "United States of America."
The Articles of Confederation were adopted by the Continental Congress on November 15, 1777, and served as the first constitution of the United States. It established a league of friendship among the 13 sovereign and independent states, with each state retaining powers not expressly delegated to the United States. The Articles outlined a Congress with representation not based on population, giving each state one vote. Ratification by all 13 states was necessary, and this was achieved on March 1, 1781, when Maryland ratified the Articles, bringing the Congress of the Confederation into being.
The Continental Congress, functioning as a provisional government, played a crucial role in the early years of the United States, leading to the formation and adoption of the country's first constitution.
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State constitutions and their evolution
The early colonial charters allowed colonists to design their own political institutions and practice self-government. This led to the creation of state constitutions, which embodied a constitutional tradition unique to the United States. These state constitutions were the result of a blend of two traditions: the first, evident in the charters, letters-patent, and instructions written in England; and the second, found in the covenants, compacts, agreements, ordinances, codes, and oaths written by the colonists themselves. The early state constitutions can be viewed as "organic acts", as they summarised and codified the political evolution of each state over the previous 150 years.
The Articles of Confederation, the United States' first constitution, was ratified by all 13 colonies on March 1, 1781. It established a "league of friendship" for the 13 sovereign and independent states, with each state retaining "every Power...which is not by this confederation expressly delegated to the United States". However, the central government had insufficient power to regulate commerce, leading to calls for a stronger, more centralised government.
The current United States Constitution, which superseded the Articles of Confederation, came into effect on March 4, 1789. It was the result of a constitutional convention convened in 1787 to reevaluate the nation's governing document. The new Constitution established a federal government with 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 United States Constitution has faced various criticisms since its inception, including the lack of protection for certain rights and the absence of a definition of voting eligibility. Amendments have been made over time to address these issues, including the Reconstruction Amendments adopted after the American Civil War, which abolished slavery and granted citizenship and voting rights to former slaves. The Constitution was not fully ratified by all states until May 29, 1790, when Rhode Island approved the document, and the Bill of Rights was ratified at the end of the following year.
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Compromises and negotiations
The creation of the United States Constitution was a long and arduous process that involved compromises and negotiations between the 13 colonies. The Articles of Confederation, which served as the first constitution of the United States, was adopted by the Continental Congress on November 15, 1777, and established a ""league of friendship" among the 13 colonies, each of which retained its sovereignty and independence. However, the central government had limited power under the Articles of Confederation, which led to concerns about the country's stability.
As a result, calls for a constitutional convention to reevaluate the governing document gained traction, and representatives from all 13 colonies convened in Philadelphia in 1787 to participate in the convention. The convention was marked by debates and negotiations, with delegates working to address the concerns of each colony and forge a compromise. One of the key compromises was the Connecticut Compromise, which proposed a bicameral Congress with proportional representation in the lower house and equal representation in the upper house, known as the Senate, with each state having two senators. This compromise aimed to address disputes over representation and voting power among the colonies.
Another significant compromise was made to appease interests in the South, particularly in Georgia and South Carolina. The delegates agreed to protect the slave trade for 20 years, allowing states to count three-fifths of their slave population for representation in the federal government and requiring the return of escaped slaves to their owners, even from states where slavery had been abolished. While these compromises were crucial in holding the Union together and facilitating the ratification of the Constitution, they also had lasting impacts, including the continuation of slavery for several decades and the disproportionate representation of less populous states in the Senate and Electoral College.
The Constitution also faced criticism for not adequately protecting certain rights, including freedom of speech, religion, and the press. To address these concerns, the Massachusetts Compromise was reached in February 1788, stipulating that amendments, known as the Bill of Rights, would be proposed to protect these freedoms. The Constitution was gradually ratified by the colonies, with Delaware being the first state to do so in December 1787, followed by Pennsylvania, New Jersey, Georgia, and Connecticut. The process of ratification continued until May 29, 1790, when Rhode Island became the final state to approve the document.
The United States Constitution, with its amendments, has served as the official framework of the United States government and the supreme law of the land. It outlines the structure of the federal government, including the legislative, executive, and judicial branches, and delineates the rights and responsibilities of state governments in relation to the federal government. The process of its creation involved intricate negotiations and compromises to balance the interests and concerns of each colony, shaping the foundation of the United States of America.
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Frequently asked questions
Each colony had its own governmental system, structured based on the type of colony. Royal colonies, proprietary colonies, and charter colonies each had different levels of self-governance and legislative power. As independence grew nearer, a few colonies drafted their own constitutions, which would later influence the US Constitution.
The first tradition is found in the charters, letters-patent, and instructions for the colonists written in England. The second tradition is found in the covenants, compacts, agreements, ordinances, codes, and oaths written by the colonists themselves.
The Articles of Confederation, which was drafted in 1777 and adopted in 1781, served as the first constitution of the United States.
The Articles of Confederation established a league of friendship among the 13 independent states, with each state retaining significant power and independence. It outlined a Congress with each state having one vote, regardless of population. The central government had limited power and could not levy taxes.
The current US Constitution was ratified in 1789, superseding the Articles of Confederation.
