Jonah Patel
The delegates of the 1787 Constitutional Convention in Philadelphia decided to write a new constitution to address the problems of a weak central government under the Articles of Confederation. The Articles of Confederation, America's first constitution, gave the Confederation Congress rule-making and funding powers but no enforcement, commerce regulation, or money-printing authority. The delegates debated for months, representing diverse interests and views, and crafted compromises to create a powerful central government with a system of checks and balances. The final document was a mixture of Madison's national constitution and the desired federal Constitution, establishing a federal government with more specific powers, including those related to foreign relations.
| Characteristics | Values |
|---|---|
| Weak central government | The Articles of Confederation resulted in a weak central government that was unable to regulate commerce, print money, or conduct foreign policy. |
| State disputes | Disputes between states over territory, war pensions, taxation, and trade threatened to tear the country apart. |
| National challenges | The Federalists believed that a strong central government was necessary to address the nation's challenges. |
| Fear of centralized power | The Anti-Federalists opposed a powerful central government, reminding them of the one they had overthrown. |
| Lack of enforcement powers | The Articles of Confederation gave the Confederation Congress rule-making and funding powers but no enforcement powers. |
| Compromises | The delegates crafted compromises to represent different interests and views, such as the Connecticut Compromise (or Great Compromise) for congressional representation. |
| Ratification process | The Constitution required ratification by 9 of the 13 states to enact the new government, bypassing state legislatures and calling for special ratifying conventions in each state. |
| Executive role | The role of the executive was debated, including the division of power, election process, term limits, impeachable offenses, and selection of judges. |
| Slavery | Slavery was a contentious issue, with debates on the insertion of a fugitive slave clause, the slave trade, and proportional representation. |
| Checks and balances | The Constitution established a system of checks and balances by dividing federal authority between the Legislative, Judicial, and Executive branches. |
| Amendments | Amendments to the Constitution required a vote for ratification by 9 of the 13 states. |
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What You'll Learn
The Articles of Confederation were inadequate
Secondly, the Articles did not effectively address the issues arising from the Revolutionary War and its aftermath. For instance, the Confederation Congress couldn't regulate trade with British subjects, as stipulated by the 1783 Treaty of Paris, and was unable to prevent states from imposing import duties on goods from other US states. Additionally, the Spanish government barred American ships from navigating the Mississippi River, and the Articles provided no means for the federal government to address this.
Thirdly, the Articles failed to establish a strong central government, leading to a weak presidency and a legislative branch that was bogged down with paperwork. This inefficiency in governance prompted the creation of an executive branch to handle routine matters, which would later become a key feature of the new Constitution.
Finally, the Articles lacked a system of checks and balances between the branches of government. The delegates to the Constitutional Convention sought to rectify this by dividing federal authority between the legislative, judicial, and executive branches, ensuring that no single branch could dominate the others.
In conclusion, the inadequacies of the Articles of Confederation, including its limited powers, inability to address pressing domestic and foreign issues, lack of a strong central government, and absence of checks and balances, led the delegates to decide on a new written constitution, establishing a more effective and balanced federal government for the United States.
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Distrust between large and small states
The delegates of the Constitutional Convention of 1787 represented a wide range of interests and views, leading to disagreements and distrust, especially between large and small states. The large states felt they should have more representation in Congress, while the small states wanted equal representation with the larger ones. This issue of congressional representation was one of the fiercest arguments during the convention.
The small states feared that if representation was based on population, they would be ignored, while the large states believed that their larger populations deserved more of a voice. This disagreement threatened to derail the convention, with comments like those made by Gunning Bedford Jr. on June 30, 1787, highlighting the distrust between the large and small state delegates. Bedford, a delegate from Delaware, expressed his distrust of the larger states, stating that they would abuse their power and destroy the smaller states.
To address this issue, Roger Sherman, a delegate from Connecticut, proposed a bicameral legislative branch, known as the Connecticut Compromise or the Great Compromise. This compromise gave each state equal representation in the Senate, with two delegates, and representation in the House of Representatives based on population. The delegates finally agreed to this proposal, ensuring that each party would have a balance of power and preventing the dominance of larger states.
The delegates also debated the role of the executive branch, including the selection of the President, the length of the presidential term, and the powers of the executive. They discussed whether to divide executive power among multiple people or vest it in a single chief executive. The method of electing the President was a contentious issue, with delegates voting down proposals for direct popular election or election by "electors" chosen by state legislatures or the people. Eventually, they agreed to a compromise, later modified by the Twelfth Amendment, which allowed for the election of the President by electors.
The delegates' distrust and disagreements led to a series of compromises and the creation of a powerful central government with a system of checks and balances. The final document was a mixture of Madison's "national" constitution and the desired "federal" Constitution sought by many delegates. The Constitution addressed issues of representation, executive power, and the relationship between the states and the central government, setting the foundation for the United States government.
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The role of the executive
The delegates of the 1787 Constitutional Convention in Philadelphia were tasked with revising the existing government under the Articles of Confederation, but they ended up drafting a new constitution that established a federal government with more specific powers. The convention was convened due to concerns about the weak central government and the need to address issues arising from the Revolutionary War and domestic problems.
Another key issue was the length of a presidential term and the number of allowable terms. The delegates also discussed what offenses should be impeachable and whether judges should be chosen by the legislature or the executive. These debates reflected the delegates' concerns about the concentration of power and the checks and balances necessary to prevent its abuse.
The delegates also grappled with the question of slavery, including the insertion of a fugitive slave clause, the potential abolition of the slave trade, and whether slaves would be counted in proportional representation. These debates highlighted the complex social and economic realities of the time and the delegates' attempts to balance differing interests and views.
The convention ultimately adopted the Connecticut Compromise, also known as the Great Compromise, which addressed representation in the House of Representatives and the Senate. This compromise ensured that each state had equal representation in the Senate, while representation in the House was based on population. The delegates also agreed on eligibility requirements for senators, representatives, and the President, with the President needing to be native-born to hold office. Additionally, nine out of the thirteen states needed to vote to ratify an amendment for it to become law.
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Slavery
The issue of slavery was a contentious topic during the debates surrounding the creation of the US Constitution. Of the 55 delegates at the Constitutional Convention, about 25 owned slaves, and while many had moral qualms about the practice, they also believed that concessions on slavery were necessary to secure the support of southern delegates for a strong central government. The delegates from the southern states threatened to walk out of the convention and form a separate confederacy if slavery was prohibited, which would have resulted in the loss of any leverage the free states had over the slave states to end slavery.
The delegates ultimately agreed to a series of compromises to avoid this outcome. Firstly, they agreed to the Three-Fifths Compromise, which counted three-fifths of a state's slave population when apportioning representation, giving the South extra representation in the House of Representatives and extra votes in the Electoral College. Secondly, they agreed to a 20-year ban on any restrictions on the Atlantic slave trade, in exchange for removing a clause restricting the national government's power to enact laws requiring goods to be shipped on American vessels. On the same day, the convention also adopted the fugitive slave clause, requiring the return of runaway slaves to their owners.
The word "slave" or "slavery" does not appear in the Constitution, as the framers consciously avoided using those terms, but the specific clauses related to slavery effectively protected and strengthened the institution of slavery. While some have argued that the Constitution created a central government powerful enough to eventually abolish slavery, others, including Thurgood Marshall, the first African American to sit on the Supreme Court, have criticised it as a "defective" document that laid the foundation for tragic events.
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Ratification
The delegates to the Constitutional Convention in 1787 created a model of government that relied on a series of checks and balances by dividing federal authority between the Legislative, the Judicial, and the Executive branches of government. The convention assembled in Philadelphia in May 1787, with delegates from all states except Rhode Island. The delegates decided to completely redesign the government, abandoning the Articles of Confederation. 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 lacked enforcement powers, couldn't regulate commerce, and couldn't print money.
The delegates debated for months over what would be included in the new Constitution, with some states in favour of a strong central government, while others were opposed. Large states felt they should have more representation in Congress, while small states wanted equal representation. The delegates also debated the role of the executive, including how a president would be elected, the length of a presidential term, and what offenses should be impeachable.
The Connecticut Compromise, also known as the Great Compromise, was a key moment in the ratification process. Proposed by Roger Sherman, a delegate from Connecticut, it suggested that states would have equal representation in the Senate, and representation in the House of Representatives would be based on population. This compromise addressed the concerns of small states, which feared being ignored if representation was based solely on population. The final document was a mixture of Madison's original "national" constitution and the desired "federal" Constitution that many delegates sought.
The delegates also set the terms for ratifying the Constitution, bypassing the state legislatures and calling for special ratifying conventions in each state. They knew that members of the state legislatures would be reluctant to give up power to a national government. Ratification by 9 of the 13 states was required to enact the new government, and this was achieved. The Constitution came into effect in 1789, and it has served as the basis of the United States Government ever since.
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Frequently asked questions
The delegates decided to write a new constitution because they believed that the Articles of Confederation, which was America's first constitution, were inadequate. The Articles 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 delegates wanted to create a powerful central government that could address the nation's challenges.
Some of the key issues debated during the Constitutional Convention included the role of the executive, such as how the president would be elected, the length of their term, and what offenses should be impeachable. Another major issue was congressional representation and whether it should be based on population or divided equally among the states. The delegates also debated the issue of slavery, including the insertion of a fugitive slave clause and whether to allow the abolition of the slave trade.
The Connecticut Compromise, also known as the Great Compromise, was proposed by Roger Sherman, a delegate from Connecticut. It suggested that each state should have equal representation in the Senate, and representation in the House of Representatives would be based on population. This compromise addressed the concerns of small states, which feared being ignored if representation was based solely on population, while large states believed their larger populations deserved more of a voice.
The Constitution was ratified by 9 of the 13 states, with each state holding a special ratifying convention. The Anti-Federalists opposed the Constitution due to its creation of a powerful central government and lack of a bill of rights. However, the Federalists, who believed in a strong central government, were able to secure enough votes for ratification, with the final holdouts being convinced by the "vote now, amend later" compromise.
