Founding Fathers: Why They Required Amendments

The writers of the US Constitution aimed to establish a fair and balanced government, addressing the weaknesses of the Articles of Confederation, America's first constitution. The Articles had created a weak central government, with limited powers, no executive or judicial branch, and a lack of standard currency, making it difficult to collect taxes, regulate commerce, or enforce decisions. The writers of the Constitution sought to strengthen the federal government, creating a powerful central authority with checks and balances to prevent tyranny and ensure each branch of government was balanced. They also included a formal amendment process, recognising that the Constitution should be adaptable over time.

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The Articles of Confederation were inadequate

The Articles of Confederation, the United States' first constitution, was in force from March 1, 1781, until 1789 when the present-day US Constitution was adopted. The Articles were written when rhetoric such as "taxation without representation" was prevalent. This meant that the Articles granted the central government no power to tax, and it had to rely on states to voluntarily send tax money, with little to no ways to enforce it. The central government, therefore, lacked the funds to maintain an effective military or back its own paper currency.

The Articles also failed to grant the central government the power to regulate commerce, leaving each state to maintain control over its own trade policies. This meant that the central government could not protect or standardize trade between foreign nations and the various states.

The Articles also did not provide for an executive or judicial branch of government, and the legislative body was a single body appointed by the state legislatures. This meant that the central government was weak and lacked the power to enforce laws, leaving it unable to address internal rebellions.

The Articles were also difficult to amend, and so were seen as stagnant and ineffective. This inflexibility was a key reason why the Articles were replaced with a new constitution, rather than being amended, just ten years after they were adopted.

The young country was on the brink of collapse

A few years after the Revolutionary War, James Madison, Alexander Hamilton, and George Washington were among those who feared that their young country was on the brink of collapse. The Articles of Confederation, the United States' first constitution, 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. The central government was weak and lacked the power to settle disputes between states. The states retained considerable power, and disputes over territory, war pensions, taxation, and trade threatened to tear the young country apart.

The Articles of Confederation, adopted by the Continental Congress in 1777, established a ""league of friendship" among the 13 sovereign and independent states. Each state retained powers not expressly delegated to the United States, and representation in Congress was not based on population, with each state having one vote. The Articles of Confederation lacked enforcement powers and were inadequate in regulating commerce, leading to economic disaster. Congress faced a depleted treasury, inflation, and a depressed business condition that negatively impacted small farmers.

The Constitutional Convention assembled in Philadelphia in May 1787 to address these issues. The delegates, representing diverse interests and views, created a powerful central government with a series of checks and balances. They established a federal government with more specific powers, including the authority to conduct foreign relations. The new Constitution, signed in 1787, established an executive branch to handle routine paperwork and manage foreign affairs.

The ratification campaign faced opposition from Anti-Federalists due to concerns about central power and the absence of a bill of rights. However, the Constitution came into effect in 1789, bypassing state legislatures and requiring ratification by 9 of the 13 states. It stands today as one of the longest-lived and most emulated constitutions globally, serving as the basis of the United States Government.

The Federalists wanted a strong central government

The Federalists, a group that included big property owners in the North, conservative small farmers and businessmen, wealthy merchants, clergymen, judges, lawyers, and professionals, wanted a strong central government for several reasons. Firstly, they believed that a weak central government would lead to inefficiency and chaos. This belief was shaped by their perception of the weaknesses of the central government created by the Articles of Confederation, which they considered indicative of the instability that a nation faces without a strong central government.

Secondly, Federalists wanted to safeguard the social gains of the American Revolution and protect the liberty and independence it had created. They argued that the Constitution would act as a safeguard against tyranny, with its system of checks and balances, Senate approval/ratification, Judicial Review, and Executive-appointed positions preventing any branch from assuming control over another.

Thirdly, Federalists sought to establish a strong national credit and a stable national currency. They accomplished this through public securities, the assumption of state debts, and the establishment of the First National Bank in 1791. Additionally, Federalists favoured an interpretation of congressional powers under the Constitution through the elastic clause, which allowed them to pursue aggressive fiscal policies and a more mercantile economy.

Finally, Federalists saw the need for a strong central government to efficiently govern the country and believed in the superiority of the national government over state governments, thus establishing a governmental hierarchy. They favoured indirect elections of government officials, longer term limits for officeholders, and representative democracy.

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The Anti-Federalists opposed a powerful central government

Secondly, the Anti-Federalists saw the proposed government as a new centralized and "monarchic" power in disguise, resembling the governance of Great Britain, which they had just fought to cast off. They worried that the position of president, a novelty at the time, might evolve into a monarchy, with the unitary president wielding king-like authority. This concern was heightened by the absence of a bill of rights in the original draft of the Constitution, which they believed would lead to tyranny. They feared that without a bill of rights, the federal government would infringe on individual liberties and that the nation's capital might as well be in London, given how distant and out-of-touch it would be from the average citizen.

Thirdly, the Anti-Federalists believed that a large central government would not adequately serve the interests of small towns and rural areas, instead favouring urban interests. They argued that almost all executive power should be left to the country's authorities, with states having significant autonomy and independence in their internal affairs without unwanted interference from the federal government. They also believed that the new Constitution gave too much power to Congress, at the expense of the states, and that the federal courts had too much jurisdiction, infringing on the domain of state and local courts.

Lastly, the Anti-Federalists were composed of diverse elements, including small farmers, landowners, shopkeepers, labourers, and politicians. They lacked a unified plan or alternative proposal to the Federalist Papers, making it difficult to mount an effective opposition to the Federalists' arguments. However, their influence was significant enough to lead to the adoption of the Bill of Rights, which secured basic rights and privileges for American citizens, such as freedom of speech, the right to a speedy trial, and protection against cruel and unusual punishments.

The Federalists promised to protect individual liberties

The Federalists, supporters of the ratification of the U.S. Constitution, were those who supported a strong national government, an expansive interpretation of congressional powers, and a more mercantile economy. They were against the creation of a stronger state government and sought weaker state governments. They believed that the Articles of Confederation were weak and that a strong centralized government was necessary to prevent instability in the nation.

The Federalists argued that the Constitution already contained protections for individual liberties in Article I, Sections 9 and 10, which limited Congress and the states, respectively. They also believed that the entire Constitution, with its checks and balances, was, in effect, a Bill of Rights. They further argued that it would be impossible to list all the rights afforded to Americans, so it would be best to list none.

However, to ensure the adoption of the Constitution, Federalists like James Madison promised to add amendments specifically protecting individual liberties. These amendments became the Bill of Rights, which included the First Amendment. Madison introduced 12 amendments during the First Congress in 1789, 10 of which were ratified by the states and took effect in 1791.

The Federalist Papers, a series of 85 articles published in New York City newspapers, were written by Alexander Hamilton, John Jay, and James Madison to advocate for the ratification of the Constitution. They believed that the Constitution was a safeguard to prevent a tyrant from taking power and that the preventative measures for the federal government were in the form of checks and balances laid out in the Constitution.

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