
The writers of the Constitution, known as the Founding Fathers, outlined the legislature to establish a fair, just, and protective system of government that would divide power among three branches: the executive, legislative, and judiciary to prevent any one branch from gaining too much power. This was to ensure that the government worked for the citizens of the newly independent United States of America. The legislature, or Congress, is responsible for making laws and consists of two parts: the Senate and the House of Representatives, with the former acting as an advisory council to the President. The Founding Fathers, which included James Madison, Alexander Hamilton, and George Washington, aimed to create a strong central government while also protecting individual rights and ensuring that the country did not collapse under disputes over territory, war pensions, taxation, and trade.
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What You'll Learn

To establish a fair, just, and protective government
The writers of the US Constitution aimed to establish a fair, just, and protective government. The Founding Fathers, as they are often referred to, wanted to set up a fair and balanced government after winning the Revolutionary War and gaining independence from Great Britain. They sought to create a system of government that protected individual rights and divided power among three branches: the executive, legislative, and judiciary. This division of power ensured that no single branch could dominate.
The Constitution's first part, the Preamble, outlines the Founding Fathers' intentions to form a more perfect union, establish justice, ensure domestic tranquility, provide for the common defence, promote general welfare, and secure liberty for themselves and future generations. The Founding Fathers wanted to prevent any one person, party, or group from gaining control of the government.
The Constitution establishes the legislature, or Congress, as the branch responsible for making laws. Congress consists of two houses: the Senate and the House of Representatives. Together, they have the power to create laws, declare war, raise funds for the military, admit new states to the union, and more. The Senate acts as an advisory council to the President, approving appointments, treaties, and agreements with other countries.
The Founding Fathers recognised the need for a strong central government to face the nation's challenges. They bypassed state legislatures, calling for special ratifying conventions in each state. The Federalists supported a powerful central government, while the Anti-Federalists opposed it, preferring the weaker federal government under the Articles of Confederation. The Constitution aimed to address the shortcomings of the Articles, which lacked enforcement powers and the ability to regulate commerce or print money, leading to disputes among the states.
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To ensure a balanced government
The writers of the US Constitution aimed to ensure a balanced government by dividing power among three branches: the executive, legislative, and judiciary. This system of checks and balances prevents any one branch from becoming too dominant.
The Founding Fathers, including James Madison, Alexander Hamilton, and George Washington, wanted to establish a fair and just government that protected individual rights and freedoms. They had just fought the Revolutionary War to gain independence from Great Britain, and many Americans feared having a strong central ruler. Thus, the writers of the Constitution sought to distribute power and create a system of shared governance.
The legislative branch, or Congress, is divided into two parts: the House of Representatives and the Senate. Together, they have the power to create laws, declare war, raise funds, and perform other critical functions. The House of Representatives is based on population, while the Senate grants equal representation to all states. This bicameral legislature ensures that both large and small states have a say in lawmaking.
The executive branch, led by the President, has duties outlined in the Constitution, including acting as commander-in-chief of the military, appointing federal judges and officials, and vetoing laws passed by Congress. The President is elected every four years and is limited to two terms in office.
The judiciary, or the federal court system, interprets and applies the law, ensuring that the other branches operate within the boundaries set by the Constitution. Federal law is supreme over state and local laws, and the judiciary plays a crucial role in enforcing this hierarchy of laws.
By outlining the powers and responsibilities of each branch, the writers of the Constitution aimed to create a balanced government where power was shared and no single branch or individual could dominate. This system of checks and balances was designed to protect the rights of citizens and ensure a more perfect union.
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To outline the rights of states and citizens
The Constitution outlines the rights of states and citizens to establish a fair, just, and protective system of government. The Founding Fathers, including James Madison, Alexander Hamilton, and George Washington, aimed to create a framework that would prevent the young country from collapsing and ensure the protection of individual rights.
One of the primary concerns addressed by the writers of the Constitution was the weakness of America's first constitution, the Articles of Confederation. The Articles gave the Confederation Congress rule-making and funding powers but lacked enforcement authority, 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 the country's unity.
To address these issues, the Constitution established a system of checks and balances, dividing power among three branches of government: the legislative, executive, and judiciary. The legislative branch, known as Congress, is responsible for making laws and consists of two houses: the Senate and the House of Representatives. The Senate, with equal representation from each state, acts as an advisory council to the President, approving appointments, treaties, and amendments to the Constitution. The House of Representatives is based on population and works alongside the Senate to create laws, declare war, raise military funds, establish post offices, admit new states, and investigate the executive branch.
The Constitution also outlines the relationship between the states and the federal government. While states have the authority to create and enforce their laws, they must respect and help enforce the laws of other states. Federal law, as decided by Congress, is supreme over state and local laws, ensuring uniformity and preventing conflicts between states.
Additionally, the Constitution includes a Bill of Rights, which was added to address concerns about the protection of individual rights. The Bill of Rights outlines the rights of citizens, ensuring their freedoms and liberties are protected by the government.
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To prevent a powerful central government
The writers of the US Constitution, also known as the Founding Fathers, were wary of creating a powerful central government. This was due to the recent memory of the Revolutionary War, in which Americans fought for independence from Great Britain. As a result, many Americans did not trust a strong central government and did not want to give up power to a national government.
The Founding Fathers wanted to set up a fair and balanced government, ensuring that each branch of government was balanced so that no one part could dominate the other. To achieve this, they divided the government's powers into three branches: the legislative, executive, and judicial. This system of checks and balances was designed to prevent the misuse of power and encourage the branches to work together.
The legislative branch, called Congress, is made up of two separate groups: the Senate and the House of Representatives. The Senate and the House of Representatives have equal representation and proportional representation, respectively, with the power to create laws, declare war, raise military funds, and more. The legislative branch serves as a check on the executive branch, as Congress can override a presidential veto if both the Senate and the House pass a bill by a two-thirds majority.
The Founding Fathers also wanted to preserve the states' power over their citizens. They achieved this by granting the national government only limited powers, with the states retaining regulatory power over intrastate commerce. This balance of powers between the state and national governments aimed to prevent a powerful central government and protect individual liberties.
However, there were differing opinions among the Founding Fathers. Some, known as Federalists, believed that a strong central government was necessary to face the nation's challenges. On the other hand, Anti-Federalists opposed the creation of a powerful central government, reminiscent of the one they had overthrown. They wanted to ensure that individual liberties were protected and advocated for a bill of rights to be included in the Constitution.
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To regulate commerce and state taxes
The Constitution grants Congress the power to regulate commerce and state taxes. This is known as the Commerce Clause, which gives Congress the authority to regulate commerce with foreign nations, among states, and with the Indian tribes. The Commerce Clause is outlined in Article 1, Section 8, Clause 3 of the U.S. Constitution.
The Framers of the Constitution included the Commerce Clause to address the problems of interstate trade barriers and the ability to enter into trade agreements. Before the Constitution, the United States was governed primarily by thirteen separate entities, and states often passed legislation that discriminated against or excessively burdened interstate commerce. The Commerce Clause was intended to prevent such protectionist state policies and enable the creation of a free trade zone among the states.
The Commerce Clause has been interpreted by the Supreme Court as limiting state power rather than as a source of federal power. The Court has held that Congress only has the power to regulate the channels of commerce, the instrumentalities of commerce, and actions that substantially affect interstate commerce. This interpretation has been reaffirmed in recent years, with the Court expressing greater concern for states' rights and limiting Congress's power to pass legislation under the Commerce Clause.
In addition to regulating commerce, Congress also has the power to lay and collect taxes, duties, imposts, and excises. This power, known as the Taxing Clause, is listed in Article I, Section 8 of the Constitution. The Framers decided that Congress must possess this power to address the collective action failures of the Articles of Confederation, where states often failed to contribute their fair share of tax revenue to the national treasury. The power to tax is essential for a government to function effectively, as it enables the government to pay for policing, defence, and other necessary services.
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Frequently asked questions
The writers of the Constitution, also known as the Founding Fathers, bypassed the state legislatures because they believed that their members would be reluctant to give up power to a national government.
The writers of the Constitution aimed to establish a fair, just, and protective system of government that would secure individual rights and prevent any one branch from having too much power.
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 authority to print money. This led to disputes among the states that threatened to tear the country apart.
The Committee of Detail was responsible for drafting the framework of the Constitution. The committee included John Rutledge, Edmund Randolph, Nathaniel Gorham, Oliver Ellsworth, and James Wilson. They created a proposal based on the Virginia Plan, which called for three branches of government, a bicameral legislature, and proportional representation.
The Three-Fifths Compromise was adopted, which counted each enslaved person as three-fifths of a free person for representation and taxation purposes. However, this compromise also highlighted the deep divides over slavery in America.

























