Omar Bennett
The United States Constitution was signed by 38 delegates on September 17, 1787, creating a powerful central government. The Founding Fathers were wary of centralized power and placed filters between the voters and the US Senate and presidency to prevent majority rule from hindering the rights of minority groups. The Constitution was a compromise between Federalists, who supported a strong central government, and Anti-Federalists, who opposed it due to its resemblance to the monarchy they had overthrown and its lack of a bill of rights.
| Characteristics | Values |
|---|---|
| Reason for filters between voters and the US Senate and presidency | The Founding Fathers believed that too much direct majority rule could hinder the rights of minority groups |
| Reason for revising the Articles of Confederation | 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 |
| Reason for bypassing state legislatures during ratification | Members of the state legislatures would be reluctant to give up power to a national government |
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What You'll Learn
To prevent the concentration of power
The Constitution of the United States divides the central government into three distinct branches: the legislative, the executive, and the judiciary. This separation of powers serves the goal of preventing the concentration of power and providing each branch with the means to counter the other two.
The Framers of the Constitution, influenced by their experience with the British monarchy, believed that concentrating governmental powers in a single entity would subject the nation's people to arbitrary and oppressive government action. They were also inspired by the ideas of political theorists such as Aristotle, Montesquieu, and Harrington, who proposed a mixed government composed of different power structures.
Each branch of the government has certain unique powers, and these powers are limited by the other branches. The legislative branch, composed of the House and the Senate, makes the laws; the executive branch, composed of the President, Vice-President, and departments, enforces the laws; and the judicial branch, composed of federal and Supreme Courts, interprets the laws.
The system of checks and balances ensures that each branch can "check" the powers of the others, preventing the concentration of power in one branch. For example, the President can veto laws passed by Congress, but Congress must approve executive appointments. Similarly, the Supreme Court can declare laws or executive actions unconstitutional, but the President nominates Supreme Court justices, subject to the Senate's approval.
This system, as James Madison wrote in the Federalist Papers, ensures that "ambition must be made to counteract ambition," protecting against tyranny and promoting freedom. The Framers intended to create a workable government where each branch maintains some independence while sharing power with the others.
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To protect minority group rights
The United States Constitution is founded on the concept of majority rule, which is reflected in Articles I, II, and III, which relate to the different branches of the government, their functions, and voting. However, the Constitution also recognises the importance of protecting minority group rights to prevent tyranny by the majority. This tension between majority rule and minority rights is a fundamental principle of constitutional democracy and is addressed in the Constitution in several ways.
Firstly, the Bill of Rights, which comprises the first ten amendments to the Constitution, guarantees certain fundamental liberties, including freedom of speech, religion, and petition, which apply to all citizens, including those in minority groups. The Fourteenth Amendment, which includes the Equal Protection Clause, further bolsters minority group rights by requiring states to provide equal protection under the law to all citizens. This amendment has been central to landmark Supreme Court decisions such as Brown v. Board of Education (1954), which helped dismantle racial segregation, and Obergefell v. Hodges (2015), which legalised same-sex marriage.
The Founding Fathers, including Thomas Jefferson and James Madison, recognised the importance of protecting minority rights. In his First Inaugural Address in 1801, Jefferson emphasised that while the will of the majority must prevail, it must also be reasonable and respect the equal rights of minorities. Madison, in Federalist No. 10, defended the form of republican government proposed by the Constitution, arguing that the diversity of factions would prevent tyranny and protect minority rights.
In conclusion, the makers of the Constitution placed filters to protect minority group rights by including provisions such as the Bill of Rights and the Equal Protection Clause, which safeguard fundamental liberties and ensure equal protection under the law for all citizens, regardless of their group affiliation. These filters aim to strike a balance between majority rule and minority rights, promoting justice and preserving democracy.
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To avoid a monarchy
The United States Constitution was created to prevent the country from being ruled by an all-powerful king, as outlined in the Declaration of Independence. The Founding Fathers were eager to shed the monarchical system that had been in place for hundreds of years, and the idea of a representative democracy emerged as the best option for the new nation.
The delegates at the Constitutional Convention in Philadelphia in 1787, where the Constitution was hammered out, were well aware that there were too many people with memories of British rule and ties to the recent war who would not accept a king. There was also enmity prevalent in the revolutionary period towards royalty and the privileged classes, with some state constitutions prohibiting titles of nobility.
Alexander Hamilton, who later became one of the most ardent spokesmen for the new Constitution, initially proposed a model of government with a single executive, similar to the British system, which was criticised for risking the "danger of difference of opinion". Hamilton later accepted that the people were willing to accept "something not very remote from that which they have lately quitted", referring to monarchy.
The Constitution established the United States as a republic, with a guarantee that the government would be a republic, elected by popular sovereignty and maintained by majority control. The core of popular sovereignty is free and fair elections and the peaceful transition of power, as established by George Washington when he stepped down from the presidency after two terms in 1796.
In contrast, constitutional monarchies, such as the United Kingdom, have a monarch who acts as a ceremonial head of state and may hold formal powers such as dissolving parliament or giving royal assent to legislation. However, these powers are generally exercised in accordance with constitutional principles rather than personal political preferences.
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To address state disputes
The US Constitution was created to address state disputes and prevent the young country from collapsing. 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 lacked enforcement powers, the ability to regulate commerce, and the ability to print money. This led to disputes among the states over territory, war pensions, taxation, and trade, threatening to tear the country apart.
The Constitutional Convention, including prominent figures like James Madison, Alexander Hamilton, and George Washington, met in Philadelphia from May to September 1787. They aimed to revise the Articles of Confederation and create a stronger central government with more specific powers, particularly in conducting foreign relations. The delegates crafted a new model of government that divided federal authority among the legislative, judicial, and executive branches, establishing a system of checks and balances.
One of the fiercest arguments during the Constitutional Convention was over congressional representation. The delegates compromised by granting each state one representative for every 30,000 people in the House of Representatives and two representatives in the Senate. They also agreed to count enslaved Africans as three-fifths of a person, temporarily resolving the contentious issue of slavery.
The Constitution also addressed state disputes by standardizing the recognition and enforcement of legal documents across states through the Full Faith and Credit Clause (Article IV, Section 1). This ensured that court judgments and legal documents from one state would be honoured in all other states, creating uniformity and preventing conflicts arising from differing state laws.
The Constitution has been amended 27 times since it became operational in 1789, with the first ten amendments known as the Bill of Rights, protecting individual liberties, restricting government powers, and addressing federal authority. The amendment process involves two steps: proposal and ratification. Amendments must be adopted by a two-thirds majority in Congress or through a national convention, and they require the approval of three-fourths of the states to be ratified.
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To revise the Articles of Confederation
The Articles of Confederation, America's first constitution, was adopted by the Continental Congress on November 15, 1777. It served as a "league of friendship" and a constitution for the 13 sovereign and independent states after the Revolution. However, it had several limitations. Firstly, it 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. Secondly, the central government couldn't collect taxes to fund its operations and had to rely on voluntary contributions from the states. This led to a depleted treasury and an inability to maintain an effective military or back its currency. Thirdly, the document was practically impossible to amend as it required unanimous consent from all 13 states, which was challenging due to rivalries between them. Finally, the states retained considerable power, limiting the central government's ability to assemble delegates, raise funds, and regulate commerce.
As a result of these weaknesses, there were growing calls to revise the Articles of Confederation. Alexander Hamilton, James Madison, and George Washington were among those who feared their young country was on the brink of collapse due to disputes over territory, war pensions, taxation, and trade. Hamilton led a group of nationalists and convened the Annapolis Convention in 1786 to petition Congress to call a constitutional convention to meet in Philadelphia. This became known as the Constitutional Convention of 1787, which effectively ended the era of the Articles of Confederation. The delegates at this convention quickly realized that the defects in the government could not be remedied by altering the Articles, so they went beyond their mandate and created a new constitution.
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Frequently asked questions
The Founding Fathers believed that too much direct majority rule could hinder the rights of minority groups, so they placed the Electoral College between voters and the US Senate and presidency.
A few years after the Revolutionary War, James Madison, Alexander Hamilton, and George Washington feared that their young country was on the brink of collapse. 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 Constitutional Convention assembled in Philadelphia in May 1787. Alexander Hamilton helped convince Congress to organize a Grand Convention of state delegates to work on revising the Articles of Confederation.
The Federalists believed that a strong central government was necessary to face the nation's challenges. On the other hand, the Anti-Federalists opposed the Constitution because it created a powerful central government that reminded them of the one they had just overthrown, and it lacked a bill of rights.
