Jonah Patel
The writing of the United States Constitution was technically illegal because it superseded the Articles of Confederation, the nation's first constitution.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 Constitutional Convention of 1787, which included delegates such as George Washington, James Madison, and Alexander Hamilton, effectively ended the era of the Articles of Confederation and resulted in the creation of a new constitution. The Constitution of the United States, written and signed in 1787, established a powerful central government and became the supreme law of the land.
| Characteristics | Values |
|---|---|
| No enforcement powers | The Confederation Congress had no enforcement powers and couldn't regulate commerce, print money, or settle disputes over territory, war pensions, taxation, and trade. |
| Lack of centralized power | The Articles of Confederation gave considerable power to the states, resulting in a weak central government. |
| Inability to conduct foreign policy | The central government lacked the ability to enforce its authority over foreign policy, as states conducted their own. |
| Ineffective economic policies | The lack of a common currency and the inability to tax or regulate trade made it difficult for the central government to manage the economy and settle Revolutionary War-era debts. |
| Unrepresentative of all states | Rhode Island refused to send delegates to the Constitutional Convention, and the new Constitution was initially opposed by Anti-Federalists. |
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What You'll Learn
The Articles of Confederation were ineffective
The Articles of Confederation, America's first constitution, was formed around the idea of a confederacy, which placed sovereign power in the hands of the states. It was first proposed at the Second Continental Congress in 1777 in Philadelphia and was fully ratified and put into effect in 1781. However, the Articles of Confederation proved ineffective due to several limitations. Firstly, the Articles 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 lack of enforcement powers meant that Congress had little to no support from state governments, which were anxious to maintain their power.
Secondly, the Articles of Confederation lacked a strong, central government, which led to further limitations. The central government couldn't collect taxes to fund its operations and had to rely on voluntary efforts from the states. This resulted in a lack of funds to maintain an effective military or back its currency. Additionally, the states were able to conduct their own foreign policies, as the central government lacked the physical ability to enforce its authority in this area.
Thirdly, the rules under the Articles of Confederation made legislating inefficient. According to Article V, "each state shall have one vote," which meant that small and large states had the same voting weight in Congress, disregarding the large discrepancy in state populations. For instance, in 1780, Virginia had over ten times the population of Delaware but had the same voting power. This setup made it challenging to pass laws, as it required the consent of nine out of thirteen states to approve legislation.
Finally, the Articles were practically impossible to amend. Any amendment required unanimous consent from all 13 states, which was challenging given the rivalries between the states. As a result, the Articles couldn't be adapted after the Revolutionary War ended in 1783. The limitations of the Articles of Confederation led to concerns that the young country was on the brink of collapse, prompting the need for a new governing document—the Constitution of the United States of America.
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Central government lacked enforcement powers
The writing of the Constitution of the United States was technically illegal because it superseded the Articles of Confederation, the nation's first constitution, 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 states’ disputes over territory, war pensions, taxation, and trade threatened to tear the young country apart.
The central government lacked enforcement powers, which led to several issues. Firstly, the states were able to conduct their own foreign policies, a role that technically belonged to the central government. However, the Confederation government lacked the domestic and international powers and standing to enforce this authority. This lack of enforcement power also extended to the economic sphere, where the central government was unable to address the states' different money systems. The lack of a common currency made trade between states and other countries extremely challenging.
Furthermore, the Confederation government was incapable of resolving Revolutionary War-era debts. Without the power to tax and with no leverage in inter-state and international trade, the United States faced a dire economic situation by 1787. The central government's inability to effectively support the war effort and address financial obligations contributed to the country's financial woes.
The writing of the Constitution aimed to address these shortcomings by creating a powerful central government with the necessary enforcement powers. The delegates at the Constitutional Convention, including James Madison, Alexander Hamilton, and George Washington, recognized the need for a stronger central authority to provide order and stability. They sought to establish a government that could regulate commerce, settle disputes between states, and address the nation's economic challenges.
The Constitution of the United States, completed and signed on September 17, 1787, established a federal government with three branches: the legislative, executive, and judicial. It outlined a system of checks and balances to ensure no single branch held too much power and delineated the rights and responsibilities of the federal government and the states. By bypassing the state legislatures and calling for special ratifying conventions in each state, the founders ensured the establishment of a new government that has endured as one of the longest-lived and most emulated constitutions in the world.
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State disputes threatened to tear the country apart
The United States Constitution, written and signed in 1787, is the oldest and longest-standing written and codified national constitution in force. The writing of the Constitution was prompted by the inadequacies 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 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. The central government lacked the power to settle quarrels between states. The states conducted their own foreign policies, had their own money systems, and couldn't help settle Revolutionary War-era debts. The country was in an economic mess by 1787, and Shays' rebellion was the final straw.
Alexander Hamilton helped convince Congress to organize a Grand Convention of state delegates to work on revising the Articles of Confederation. The Constitutional Convention assembled in Philadelphia in May 1787, with General George Washington unanimously elected as its president. The delegates came from 12 of the 13 original states, with Rhode Island refusing to send any delegates. The convention's initial mandate was to amend the Articles of Confederation, but the delegates soon began considering measures to replace them entirely.
The delegates crafted a powerful central government, wary of centralized power but loyal to their states. They created a system of checks and balances to ensure no one branch had too much power, and divided power between the states and the federal government. The Constitution was signed on September 17, 1787, by 38 delegates, with a signature for the absent John Dickinson of Delaware added by George Reed, bringing the total to 39.
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The Constitutional Convention was conducted in secret
The writing of the United States Constitution was technically illegal due to the manner in which it was conducted in secret. The Constitutional Convention, also known as the Philadelphia Convention, assembled in Philadelphia in May 1787, with delegates chosen by the state legislatures of 12 of the 13 original states—Rhode Island refused to send delegates. The convention was conducted under an oath of secrecy, and the proceedings were kept confidential from the public.
The delegates to the convention were tasked with revising the existing Articles of Confederation, which served as America's first constitution. However, they soon began considering measures to replace it entirely. The Articles of Confederation had given the Confederation Congress the power to make rules and request funds from the states, but it lacked enforcement powers, could not regulate commerce, print money, or effectively settle disputes between states. This led to concerns that the young nation was on the brink of collapse.
General George Washington, who was unanimously elected president of the convention, expressed his embarrassment at his lack of qualifications and apologized for any errors he might make during the proceedings. James Madison, a delegate from Virginia, had studied history and political theory extensively, searching for a solution to the political and economic dilemmas facing the nation. He advocated for a strong central government to provide order and stability, while still maintaining state power when "subordinately useful."
The delegates to the Constitutional Convention worked behind closed doors to draft and sign the Constitution, which was then published in a newspaper, "The Pennsylvania Packet and Daily Advertiser," on September 19, 1787, two days after it was signed. This was the first time that Americans saw the Constitution, and it marked the beginning of the ratification process, where the document would be approved by the people and established as the supreme law of the land.
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The new Constitution bypassed state legislatures
The writing of the United States Constitution was technically illegal because it bypassed state legislatures. The delegates who wrote the Constitution were chosen by the state legislatures of 12 of the 13 original states. Rhode Island refused to send any delegates. The delegates were tasked with revising the existing government, but they ended up creating a completely new form of government.
The new Constitution was written during the Philadelphia Convention, now known as the Constitutional Convention, which convened from May 25 to September 17, 1787. On September 17, 1787, 38 delegates signed the Constitution, with George Reed signing for John Dickinson of Delaware, who was absent, bringing the total number of signatures to 39.
The delegates were wary of centralized power and loyal to their states, so they created a powerful central government. They crafted compromises to accommodate their wildly differing interests and views. The Constitution stands today as one of the longest-lived and most emulated constitutions in the world.
The founders set the terms for ratifying the Constitution. They bypassed the state legislatures, reasoning that their members would be reluctant to give up power to a national government. Instead, they called for special ratifying conventions in each state. This method allowed for a more direct reflection of the people's desires through elected delegates and established a democratic method for constitutional approval. Ratification by 9 of the 13 states was required to enact the new government. On June 21, 1788, New Hampshire became the ninth state to ratify, and the Confederation Congress established March 4, 1789, as the date to begin operating under the new government.
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Frequently asked questions
The writing of the US Constitution was technically illegal because the delegates at the Constitutional Convention were only mandated to amend the Articles of Confederation, the nation's first constitution, not replace it.
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, make trade viable, or print money. It also lacked domestic and international powers, and each state had its own money system, making trade between states difficult.
The delegates wanted to replace the Articles of Confederation because they believed that the central government had insufficient power to regulate commerce, make trade viable, settle disputes between states, or support a war effort. They wanted to create a powerful central government that could provide order and stability.
