Simone Lawson
The United States Constitution, the fundamental framework of America's system of government, was signed in 1787. It has been amended 27 times since it became operational in 1789. The 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, and couldn't print money. Fearing the young country was on the brink of collapse, a convention of state delegates was called to revise the Articles. The delegates came up with a completely new form of government, creating a powerful central government with a system of checks and balances.
| Characteristics | Values |
|---|---|
| Reason for adding the Constitution | To replace the Articles of Confederation, which lacked enforcement powers, couldn't regulate commerce, or print money, and threatened to tear the young country apart |
| Framers of the Constitution | James Madison, Alexander Hamilton, and George Washington |
| Date of the Constitutional Convention | May 1787 |
| Location of the Convention | Philadelphia |
| Number of delegates | 38 |
| Date of signing | September 17, 1787 |
| Number of states required for ratification | 9 out of 13 |
| Date of ratification | June 21, 1788 |
| First ten Amendments | The Bill of Rights, ratified in 1791 |
| Purpose of the Constitution | To establish a fair and balanced government with separation of powers and checks and balances to prevent the accumulation of power and encourage collaboration |
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What You'll Learn
The Articles of Confederation were inadequate
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 ability to print money. This led to disputes among the states over territory, war pensions, taxation, and trade, threatening to tear the young nation apart.
The Articles of Confederation were designed for a newly formed nation of states that functioned more like independent, sovereign nations. This made it challenging for the states to collaborate effectively, particularly in areas such as tax collection and national unity. The Founding Fathers, wary of centralized power and loyal to their respective states, created a powerful central government with a separation of powers. They proposed a national government with three distinct branches: the executive, the legislative, and the judiciary, each with its own rules, responsibilities, and powers.
The Articles of Confederation did not provide adequate protection for individual rights and freedoms. The absence of a Bill of Rights was a significant concern, and several states refused to ratify the Constitution without a more explicit list of protections. The First Amendment, ratified in 1791, addressed these issues by guaranteeing freedom of religion, speech, the press, assembly, and the right to petition.
Additionally, the Articles of Confederation lacked clarity on who was eligible to vote, and the process of ratifying the Constitution ignored the amendment provision of the Articles, requiring unanimous approval of all states. Instead, the new Constitution called for ratification by just nine of the thirteen states, bypassing the state legislatures.
The inadequacies of the Articles of Confederation led to fears that the young country was on the brink of collapse, prompting leaders like Alexander Hamilton and James Madison to advocate for a constitutional convention to revise the nation's governing document and ultimately resulting in the creation of the United States Constitution.
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The country was on the brink of collapse
The United States Constitution was added to the country's governing documents because the country was on the brink of collapse. The Founding Fathers wanted to set up a fair and balanced government, but many Americans feared having a strong ruler and did not trust the government, having just gained independence from Great Britain. The country'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.
James Madison, Alexander Hamilton, and George Washington were among those who feared the country was on the brink of collapse. Hamilton led the call for a constitutional convention to reevaluate the nation's governing document, and in May 1787, representatives from all 13 states convened in Philadelphia to participate in the Constitutional Convention. The delegates shuttered the windows of the State House and swore secrecy so they could speak freely.
The Constitutional Convention was tasked with revising the existing government, but the delegates ended up creating a completely new form of government. The Founding Fathers wanted to make it difficult for one person, party, or group to get control of the government, so they proposed a national government where power was divided between three separate branches: the executive, the legislative, and the judiciary. This system, known as the "separation of powers," included a built-in system of checks and balances to encourage the three branches to work together.
The Constitution also addressed issues such as congressional representation, slavery, and the protection of individual rights and freedoms. The delegates agreed to a compromise on congressional representation, with each state receiving 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, and the slave trade was allowed to continue until 1808.
The Constitution was signed on September 17, 1787, by 38 delegates, and within three days, it was submitted to the Congress of the Confederation in New York City. The document was then forwarded to the thirteen states for their ratification, with ratification by 9 of the 13 states required to enact the new government. The first state to ratify the Constitution was Delaware on December 7, 1787, followed by Pennsylvania, New Jersey, Georgia, and Connecticut. The Constitution became the official framework of the government of the United States on June 21, 1788, when New Hampshire became the ninth state to ratify it.
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The need for a stronger, more centralized government
The United States Constitution was added to strengthen the country's young government, which was on the brink of collapse just a few years after the Revolutionary War. James Madison, Alexander Hamilton, and George Washington were concerned about the Articles of Confederation, which was America's first constitution. The Articles of Confederation gave the Confederation Congress the authority 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. The states' disagreements over territory, war pensions, taxation, and trade threatened to tear the fledgling country apart.
Alexander Hamilton played a crucial role in persuading Congress to organise a Grand Convention of state delegates to revise the Articles of Confederation. The Constitutional Convention convened in Philadelphia in May 1787, with delegates from all 13 states in attendance. The delegates recognised the need for a stronger, more centralised government to ensure the country's future stability. They crafted a powerful central government while remaining cautious about centralised power and loyal to their states.
One of the most contentious issues during the Constitutional Convention was 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 delegates worked diligently to draft and refine the Constitution, and on September 17, 1787, 38 delegates signed the document. Within three days, it was submitted to the Congress of the Confederation in New York City. The Constitution introduced a new form of government, and Congress voted to forward the proposal to the thirteen states for ratification. The ratification process bypassed the state legislatures, instead requiring ratification by nine of the 13 states, which was achieved when New Hampshire became the ninth state to ratify on June 21, 1788.
The Constitution's impact extended beyond the establishment of a stronger, more centralised government. It served as a framework for the United States government, outlining the separation of powers and a system of checks and balances to prevent the dominance of any one branch. The Constitution also included a mechanism for amendments, recognising the need to evolve and adapt over time. The first ten amendments, known as the Bill of Rights, were added in 1791 to protect fundamental rights such as freedom of speech, religion, and the press.
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The Bill of Rights and its freedoms
The United States Constitution was added to address the shortcomings of the Articles of Confederation, which was 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 authority to print money. This led to disputes among the states over territory, war pensions, taxation, and trade, threatening the young nation's stability.
The Constitutional Convention assembled in Philadelphia in May 1787, with representatives from all 13 states, to work on revising the Articles. The delegates created a powerful central government while remaining loyal to their states, crafting compromises to accommodate their diverse interests and views. The Constitution introduced a new form of government with three separate branches: the Executive, the Legislative, and the Judiciary, each with its own rules, responsibilities, and powers. This "separation of powers" was designed to prevent the concentration of power and encourage collaboration through a system of "checks and balances."
The Bill of Rights, consisting of the first ten Amendments to the Constitution, was added in 1791 to address concerns raised during the debates of 1788. These Amendments protect fundamental freedoms and rights, including freedom of religion, speech, the press, assembly, and the right to petition the government. The First Amendment's Free Exercise Clause guarantees religious freedom, while the Establishment Clause prevents the establishment of an official religion or favouritism towards particular religious beliefs. The Ninth Amendment, added as a compromise, protects unenumerated rights such as the right to travel, vote, privacy, and make decisions about one's health.
The Bill of Rights reflects the Founding Fathers' understanding that the Constitution should be adaptable, allowing for amendments to be made. The process of amending the Constitution is deliberately challenging, requiring the approval of two-thirds of both the House of Representatives and the Senate or two-thirds of the states. This ensures a thoughtful and deliberate approach to any changes in the nation's foundational document.
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Checks and balances to prevent tyranny
The United States Constitution is one of the longest-lived and most emulated constitutions in the world. It was added to address the shortcomings of America's first constitution, the Articles of Confederation, which 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 among the states over territory, war pensions, taxation, and trade threatened to tear the young country apart.
The Constitution was intended to revise the Articles of Confederation, but it introduced a completely new form of government. The founders were wary of centralized power and loyal to their states, so they created a powerful central government that represented wildly different interests and views.
One of the key features of the Constitution is the system of checks and balances designed to prevent tyranny by ensuring that no branch of the government would grab too much power. This system divides power between the three branches of the U.S. government: the legislative, executive, and judicial branches. The idea of dividing power among different branches of government has deep philosophical and historical roots, with influences from Greek and Roman political thought.
The legislative power is vested in the Congress of the United States, which is separated into the House of Representatives and the Senate. The executive authority is vested in the President of the United States, and the judicial authority is vested in the Supreme Court of the United States and inferior courts established by Congress.
The system of checks and balances encourages constant tension and conflict between the branches, which can be beneficial in preventing the accumulation of power in a single branch. Congress can check the decisions of the Supreme Court by passing amendments to the Constitution, and it can also impeach members of the executive and judicial branches. The President may issue executive orders, but these cannot create new laws or appropriate funds from the treasury. The Supreme Court has also raised concerns about the judiciary encroaching on the legislative or executive spheres.
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