Simone Lawson
The framers of the American Constitution were visionaries who sought to address the challenges facing the nation during their lifetimes and establish foundational principles to guide the new nation into an uncertain future. They included standards in the Constitution to define fundamental freedoms and governmental powers in general terms, such as freedom of speech, due process of law, and Congress's ability to regulate commerce...among the several states. The framers also aimed to limit populist power and shield the judiciary from populist influence, believing that majority rule was the best system of government but recognizing its imperfections. The Constitution, therefore, established a nationwide system of courts and authorized a US Supreme Court to protect federal interests.
| Characteristics | Values |
|---|---|
| Addressing the specific challenges facing the nation | Preventing the young country from collapsing |
| Establishing foundational principles | Enduring into an uncertain future |
| Defining fundamental freedoms | Freedom of speech, due process of law, free exercise of religion, equal protection of the laws, and protection from cruel and unusual punishment |
| Setting forth governmental powers | Congress's ability to regulate commerce, the president's duty to execute laws, and the courts' authority to decide cases |
| Recognizing the need for judicial modesty | Respecting the majority rule while acknowledging its imperfections |
| Limiting populist power | Preventing the excesses of democracy |
| Strengthening the national government | Providing powers such as levying taxes, creating a national military, and regulating commerce |
| Protecting property rights | Opposing the redistribution of wealth |
| Prohibiting certain state actions | Banning states from issuing currency or providing debt relief |
| Insulating Congress from populist pressures | Electing senators indirectly and granting them longer terms |
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What You'll Learn
To limit populist power
The Framers of the Constitution included standards in the document to limit populist power. The Constitution's authors had anti-populist aims and wanted to insulate the federal government from political accountability.
The Framers wanted to limit the power of the executive branch, which they saw as a threat to freedom. They also disliked political parties, believing that national politics could exist without them. The Framers' plan assigned no role to partisanship. Instead, they wanted the president to be chosen by a body of electors selected by the states. These electors were intended to be men of good reputation whose judgment would be trusted to know something about the great men of the nation who might be worthy of consideration for president.
The Framers also wanted to insulate Congress from populist pressures. Before the 17th Amendment was ratified in 1913, senators were selected by state legislators, not directly elected by voters. Members of the Senate were also given longer terms of office (six years) to further insulate them from populist influence.
The Framers also considered how to shield the judiciary from populist influence. Federal judges were given tenure "during good behaviour" and protection from salary diminution to safeguard their political independence.
Overall, the Framers of the Constitution sought to limit populist power by creating a system of checks and balances that divided power among the legislative, executive, and judicial branches of government. They wanted to prevent any single branch from becoming too powerful and infringing on personal liberty. Benjamin Franklin summed up this sentiment when he said, "You have a republic—if you can keep it."
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To establish foundational principles
The Framers of the American Constitution were visionaries who designed the Constitution to endure. They sought to establish foundational principles that would sustain and guide the new nation into an uncertain future. The text of the Constitution reflects this vision by defining fundamental freedoms in general terms, such as "freedom of speech," "due process of law," "free exercise" of religion, "equal protection of the laws," and prohibiting "cruel and unusual punishment." The Constitution also sets forth governmental powers, granting Congress the ability to regulate "commerce among the several states", empowering the president to "take care that the laws be faithfully executed", and authorizing the courts to decide on "cases and controversies."
The Framers of the Constitution recognised that, in a self-governing society, courts must generally defer to the preferences of the majority. While courts can review governmental actions to guard against arbitrary or unreasonable decisions, the starting point must be a presumption of judicial modesty. This is an essential tenet of any theory of principled constitutionalism. The Framers understood that majority rule was the best system of government, but they also knew it was imperfect.
The Constitution sets forth broad principles, and the challenge of constitutional interpretation is to define and give life to those principles in a dynamic society. While the principles enshrined in the Constitution remain constant, their application must evolve as society changes and our understanding deepens. For example, as technological means of surveillance advanced, the meaning of "search" in the Fourth Amendment expanded to include invasions of privacy beyond physical trespass. Similarly, the provision empowering Congress to maintain the nation's "land and naval Forces" was eventually interpreted to include authorisation for an air force.
The Framers of the Constitution also had anti-populist sentiments, aiming to limit the power of the voting public and state governments. They believed that the relative political influence of the voting public, particularly through their control over state governments, needed to be addressed. To that end, they designed a strong national government with powers not granted to Congress by the Articles of Confederation, such as the ability to levy taxes, create and oversee a national military, and regulate interstate and foreign commerce. The Framers ensured that the president was selected not by individual voters but by a body of electors chosen by the states, and they granted the chief executive veto power over legislation. Additionally, before the 17th Amendment in 1913, senators were selected by state legislators rather than directly elected by voters, and they served six-year terms to insulate them from populist influence.
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To address specific challenges
The Framers of the American Constitution were visionaries who sought to address the specific challenges facing the young nation during their lifetimes. They were concerned about the relative political influence of the voting public, particularly through their control over state governments, and sought to limit populist power. The final document included provisions that prohibited states from issuing currency or providing debt relief, and gave Congress the power to quell tax rebellions. The framers also ensured that the president was selected by a body of electors chosen by the states, rather than by individual voters. This was done to insulate Congress from populist pressures.
The framers also wanted to establish foundational principles that would sustain and guide the new nation into an uncertain future. They designed the Constitution to endure, with broad principles that could be interpreted and applied in a changing society. For example, the meaning of "search" in the Fourth Amendment evolved to include invasions of privacy that do not involve physical trespass as technological means of surveillance became more sophisticated. Similarly, the provision granting Congress the power to maintain the nation's "land and naval Forces" was eventually interpreted to include authorization for an air force.
The framers recognized that in a self-governing society, courts must generally defer to the preferences of the majority. However, they also knew that majority rule was imperfect, and so they included checks and balances in the Constitution to guard against arbitrary or unreasonable governmental actions. The framers crafted compromises to balance wildly different interests and views, including the thorny issue of slavery, which threatened to derail the Union. They agreed to count enslaved Africans as three-fifths of a person and allowed the slave trade to continue until 1808.
The Constitution also addressed the challenges posed by the Articles of Confederation, which gave the Confederation Congress rule-making and funding powers but no enforcement powers, and could not regulate commerce or print money. The states' disputes over territory, war pensions, taxation, and trade threatened to tear the country apart. The framers created a powerful central government with the ability to levy taxes, create and oversee a national military, and regulate interstate and foreign commerce. They bypassed state legislatures during the ratification process, calling for special ratifying conventions in each state, and requiring ratification by 9 of the 13 states to enact the new government.
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To guide the new nation
The Framers of the American Constitution were visionaries who sought to establish the foundational principles that would sustain and guide the new nation into an uncertain future. They aimed to address the specific challenges facing the nation at the time, such as disputes among the states over territory, war pensions, taxation, and trade, which threatened to tear the young country apart. The Articles of Confederation, America's first constitution, had no enforcement powers, could not regulate commerce, and could not print money, leading to concerns about the potential collapse of the country.
The Framers of the Constitution recognised the need for a powerful central government to address these issues. They crafted a document that defined fundamental freedoms in general terms, such as freedom of speech, due process of law, the free exercise of religion, equal protection of the laws, and the prohibition of cruel and unusual punishment. The Constitution also set forth governmental powers, granting Congress the authority to regulate commerce among the states, the president the duty to execute the laws faithfully, and the courts the power to decide cases and controversies.
The Framers of the Constitution had a larger goal of limiting populist power and addressing what they saw as the excesses of democracy. They sought to insulate Congress and the presidency from populist pressures by having senators chosen by state legislators rather than directly elected by voters and by having the president selected by a body of electors rather than by popular vote. They also included provisions prohibiting states from issuing currency or providing debt relief and granting Congress the power to suppress tax rebellions.
The Framers of the Constitution recognised that their document would need to evolve as society changed. While the principles enshrined in the Constitution remain constant, their application must adapt to new circumstances and understandings. For example, the interpretation of "search" in the Fourth Amendment has expanded to include invasions of privacy beyond physical trespass due to technological advancements in surveillance. The Framers' recognition of the need for flexibility and their establishment of broad principles demonstrate their intention to guide the new nation towards a sustainable and adaptable future.
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To protect property rights
The Framers of the American Constitution were visionaries who sought to address the challenges facing the nation during their lifetimes and establish foundational principles to guide the new nation into an uncertain future. They believed that people have certain unalienable and inherent rights, including the right to "the means of acquiring, possessing and protecting property". The Framers considered property rights to be a cornerstone of a free society, and the Constitution and Bill of Rights contain numerous provisions relating to economic interests.
The Framers also wanted to limit populist power and insulate the federal government from political accountability. They established a nationwide system of courts to protect the interests of the federal government, particularly in taxation and the enforcement of federal treaties. The Framers believed that limiting the powers of the national government and vesting authority in the courts would be more effective in protecting rights, including property rights, than composing a list of rights. They were satisfied to rely on institutional arrangements to protect individual rights, including property.
The Framers regarded economic and other personal rights as inseparably linked. They believed that the government was created to protect property, not redistribute it. They also believed that property rights were sacred and that society could not be civilized or free without them. John Adams wrote, "The moment the idea is admitted into society that property is not as sacred as the laws of God, and that there is not a force of law and public justice to protect it, anarchy and tyranny commence."
The Framers included specific provisions in the Constitution to protect property rights. For example, the contract clause prevented states from passing laws that impaired the obligation of contracts. Additionally, the Constitution empowered Congress to award copyrights and patents to authors and inventors for limited times. However, the protection of property rights has declined in the wake of the political ascendancy of the New Deal, and some argue that the Framers' property-centered vision may not be reclaimable in an era of big government and the welfare state.
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Frequently asked questions
The Framers of the Constitution were visionaries who wanted to establish foundational principles that would sustain and guide the new nation into an uncertain future. They sought to address the specific challenges facing the nation during their lifetimes, such as the relative political influence of the voting public, and the lack of enforcement powers, the ability to regulate commerce, or print money.
The Framers of the Constitution had both visionary and pragmatic intentions. They wanted to establish broad principles that would endure and guide the nation, while also addressing specific challenges facing the young nation, such as state disputes over territory, war pensions, taxation, and trade.
The Framers of the Constitution recognized that, in a self-governing society, courts must generally defer to the preferences of the majority. They viewed majority rule as the best system of government, but they also knew it to be imperfect and sought to limit populist power.
The Framers of the Constitution addressed specific challenges such as the lack of enforcement powers, the need to regulate commerce and interstate trade, the printing of money, and the relative political influence of the voting public. They also included provisions prohibiting states from issuing currency or providing debt relief and giving Congress the power to quell tax rebellions.
