Malcolm Rivera
The United States Constitution was written and signed in 1787, and it serves as the supreme law of the land. The Constitution was created by a group of delegates, including James Madison, Alexander Hamilton, and George Washington, who feared that their young country was on the brink of collapse due to disputes among the states over territory, war pensions, taxation, and trade. The delegates assembled in Philadelphia in May 1787 and engaged in passionate and thoughtful debates, ultimately creating a powerful central government. The Constitution established a framework for the United States government, addressing issues such as slavery, representation, and the balance of power between the federal government and the states. It was ratified by the states and came into effect in 1789, marking a significant moment in American history and the spread of democratic ideals worldwide.
| Characteristics | Values |
|---|---|
| Result of thoughtful deliberation | Months of passionate debate among delegates |
| Purpose | To revise the Articles of Confederation, which gave Congress the power to make rules and request funds from states but had no enforcement powers, couldn't regulate commerce, or print money |
| Revision of existing government | A completely new form of government was created |
| Compromises | The Connecticut Compromise, which proposed a Congress with proportional representation in the lower house and equal representation in the Senate, giving each state two senators |
| Ratification | Required ratification by 9 of the 13 states, bypassing state legislatures and calling for special ratifying conventions in each state |
| Judicial review | Supreme Court judicial review of acts of state legislature, with the Supreme Court initially made up of jurists intimately connected with the framing of the Constitution |
| Protection of slavery | Protection of the slave trade for 20 years, with states counting three-fifths of their slaves as part of their populations for representation in the federal government, and requiring the return of escaped slaves to their owners |
| Centralized power | A powerful central government was created, addressing concerns of a weak and ineffective central government under the Articles of Confederation |
| Signing | Signed by 38 delegates on September 17, 1787, with George Reed signing for John Dickinson of Delaware, bringing the total to 39 |
| Implementation | Did not go into effect immediately after signing, becoming operational on March 4, 1789, after ratification by the required number of states |
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What You'll Learn
The Articles of Confederation were ineffective
The Articles of Confederation were the first attempt at governance by the Founding Fathers of the United States of America. They were proposed in 1777 and ratified in 1781, but they only lasted until 1789 when they were replaced by the US Constitution. The Articles were ineffective because they were purposely designed to keep the national government as weak as possible, giving individual states as much power and independence as possible. This approach soon revealed itself to be problematic, with the national government lacking the power to effectively govern the growing American states.
One of the main issues with the Articles of Confederation was the lack of a strong central government. The national government was too weak to collect taxes or regulate commerce, as it could only request funds from the states rather than compel them to pay. This meant that the government was unable to fund its operations, maintain an effective military, or back its own currency. The government also lacked the power to regulate foreign and interstate commerce and had no ability to enforce any acts passed by Congress, as there was no executive branch or national court system.
The Articles also required unanimous consent from all 13 states for any amendments to be made, which was practically impossible given the rivalries between the states. This made the Articles impossible to adapt after the war with Britain ended in 1783. Additionally, the voting system gave each state one vote in Congress, regardless of its size, leading to disproportionate representation and dissatisfaction among larger states.
The weaknesses of the Articles of Confederation became increasingly apparent, especially after Shays' Rebellion, a tax protest by western Massachusetts farmers in 1786-87. The rebellion demonstrated that the United States needed a stronger national government to maintain order and protect the "perpetual union". The government's inability to put down the rebellion without relying on a state-sponsored militia highlighted its economic and military weaknesses.
In conclusion, the Articles of Confederation were ineffective due to their deliberate weakening of the national government, which resulted in a series of limitations, including the inability to collect taxes, regulate commerce, enforce acts, and adapt to changing circumstances. These weaknesses ultimately led to the need for a new governing document, the US Constitution, which replaced the Articles in 1789.
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A strong central government was needed
The United States Constitution was born out of a need for a stronger central government. The young country was facing a period of economic and political instability, with states' disputes over territory, war pensions, taxation, and trade threatening to tear the nation apart. The Articles of Confederation, America's first constitution, had given the Confederation Congress the power to make rules and request funds from the states, but it lacked enforcement powers, the ability to regulate commerce, or print money.
Prominent Americans, including nationalists such as military officers, diplomats, delegates to Congress, and federal financiers, advocated for a stronger central government. They argued that there was a self-evident need for central control over the disposition of western lands, tariff and commercial policies, and dealings with foreign states. They warned that if the political mechanism remained unchanged, the Union would break up. James Madison, often referred to as the "Father of the Constitution," was a key figure in this movement. He, along with John Tyler, proposed that the Continental Congress be given the power to regulate commerce throughout the Confederation.
The Constitutional Convention, which assembled in Philadelphia in May 1787, was a direct result of these efforts. The delegates, seeking to protect the rights of individuals from government abuse, aimed to create a strong central government while preserving state autonomy. They wanted to ensure that the central government had sufficient authority to defend the nation, but they also wanted to prevent it from becoming too powerful and infringing on citizens' rights. The result was a federal system with a separation of powers and checks and balances, where the national government had enhanced powers, such as regulating interstate and foreign commerce, and the states retained significant powers, including power over taxation.
The debates over the Constitution were intense, with Federalists advocating for a stronger central government and Antifederalists opposing drastic changes to the Articles of Confederation. The Federalists, well-organized and literate, ultimately prevailed when Rhode Island ratified the document in 1790, leading to the formation of a stronger central government.
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The preservation of people's authority
The Constitution of the United States of America is the supreme law of the United States. It is the source of all government powers and provides limitations on the government to protect the fundamental rights of US citizens. The Constitution was created to preserve the authority of the people, with the framers' consent and the legislatures of the states. The framers of the Constitution, including James Madison, Alexander Hamilton, and John Jay, set out a defence of the new Constitution in what was called the Federalist Papers. The Federalist Papers remain an invaluable resource for understanding the intentions of the framers.
The Constitution was designed to address the issues with the Articles of Confederation, which established a "firm league of friendship" between the states, but vested most of the power in a Congress of the Confederation. This power was extremely limited, as the central government was dependent on the states for funds. The Constitution, therefore, aimed to "render the federal constitution adequate to the exigencies of government and the preservation of the Union".
The Constitution outlines the powers of each branch of government, with powers not specifically assigned to them being reserved for the states. The form of the new legislature was a key point of debate, with the Virginia Plan and the New Jersey Plan competing to become the new government. The Virginia Plan, supported by larger states, proposed representation based on the population of each state. On the other hand, the New Jersey Plan gave each state an equal vote in Congress and was preferred by smaller states.
The preservation of the people's authority is further reflected in the Constitution's establishment of a democratic standard for the separation of powers in the government. The executive, legislative, and judicial branches are outlined in the Constitution, with the president being accountable to the people through elections. The Constitution also includes the Bill of Rights, which enumerates the basic civil rights of citizens, such as the First, Second, and Fourth Amendments.
Overall, the Constitution of the United States was designed to preserve the authority of the people by creating a government that is stable, adaptable, accountable, and representative of the people's interests and rights.
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Slavery was protected
The U.S. Constitution, with its message of inclusivity, justice, and domestic tranquility, did not explicitly mention "slavery" in its text. However, it provided significant protections for the institution of slavery, which was a foundational aspect of the Southern economy and social structure. The three-fifths clause, for instance, counted three-fifths of a state's slave population when apportioning representation, giving the South extra representation in the House of Representatives and additional votes in the Electoral College. This clause, directly connected to slavery, gave Southern states more influence in national politics.
The Constitution also included indirect protections for slavery. For example, the domestic insurrection clause (C1.8.15) empowered Congress to call forth the militia to suppress insurrections, including slave rebellions. Similarly, the guarantee of republican government clause (C4.4) ensured that the federal government would protect states from domestic violence, which could include slave uprisings. The Constitution prohibited export taxes, which was essential to Southern states as most exports at the time were commodities produced by slave labour, such as tobacco and rice.
The Framers of the Constitution made a compromise with slavery to achieve their primary goal of forming a stronger Union of republican self-government. Some slaveholding delegations threatened to walk out of the Constitutional Convention if slavery was threatened, risking the creation of separate free and slave confederacies. The Framers, therefore, protected slavery to maintain the Union and prevent a divide between free and slave states.
While the Constitution laid the foundation for a functioning government by the people, it also protected slavery, an oppressive institution. This paradox reflects the complexities of the Founding Era, where ideals of fairness, justice, and individual rights coexisted with the reality of slavery and the economic interests of the Southern states. It would take decades of conflict and struggle, culminating in the Civil War and the 13th Amendment, to officially abolish slavery in all states.
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The ratification process
Alexander Hamilton, with support from James Madison and George Washington, led the call for a constitutional convention to reevaluate the governing document. Representatives from all 13 states were invited to convene in Philadelphia on May 25, 1787, marking the beginning of the Constitutional Convention. On September 17, 1787, 38 delegates signed the new U.S. Constitution, with John Dickinson of Delaware's signature added later, bringing the total to 39.
The next phase of the ratification process involved bypassing the state legislatures, as there was concern that their members would be reluctant to cede power to a national government. Instead, special ratifying conventions were called for in each state, and under Article VII, the Constitution required ratification by nine of the 13 states to become binding. Delaware became the first state to ratify the Constitution on December 7, 1787, followed by Pennsylvania, New Jersey, Georgia, and Connecticut.
The ratification campaign was fiercely contested, with Federalists and Anti-Federalists holding opposing views. The Federalists, including Hamilton and Madison, advocated for a strong central government, while the Anti-Federalists opposed the creation of a powerful central government and demanded a bill of rights. The tide turned in Massachusetts, where a "vote now, amend later" compromise helped secure victory, eventually leading to the required nine states ratifying the Constitution.
On June 21, 1788, New Hampshire became the ninth state to ratify the Constitution, making it the official framework of the U.S. government. However, it was not until May 29, 1790, that Rhode Island approved the document, marking the completion of the ratification process by all 13 states. The Bill of Rights was ratified later that year, and the capital was established in July 1790.
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