Jonah Patel
The United States Constitution was signed by 39 of 55 delegates on September 17, 1787, in Philadelphia. The Constitutional Convention was initially intended to revise the existing Articles of Confederation, but ultimately, a new system of government was created. Several issues were discussed, including representation, state versus federal powers, executive power, slavery, and commerce. Large and small states fought over representation in Congress, with large states favoring representation by population and small states arguing for equal representation. The delegates also debated the role of the executive, including how a president would be elected, the length of a presidential term, and the number of allowable terms. Slavery was also a highly contentious issue, with delegates debating the inclusion of a fugitive slave clause and the potential abolition of the slave trade. Some delegates were not satisfied with the Constitution because they believed it created a powerful central government that reminded them of the one they had just overthrown, and it lacked a bill of rights.
| Characteristics | Values |
|---|---|
| Lack of enforcement powers | Congress had no power to enforce laws that individual states found counter to their interests. |
| Lack of authority to regulate commerce | Congress couldn't regulate commerce between foreign nations and the various states. |
| Ineffective taxation | States issued their own currencies and levied taxes on goods from other states. |
| Lack of authority to conduct foreign policy | The federal government couldn't conduct foreign policy due to the inability to pass or enforce laws that individual states disagreed with. |
| Ineffective representation in Congress | Congress lacked full representation, with a quorum of nine states needed to ratify the Treaty of Paris, but this number was rarely present. |
| Lack of attention to national legislative body | Many delegates paid more attention to politics in their home states and their personal affairs than to the nation's legislative body. |
| Lack of state compliance with Congress | States rarely complied with Congress's suggestions for raising revenue to contribute to the national debt. |
| No ban on the international slave trade | The Constitution didn't ban the importation of enslaved people from outside the United States, including directly from Africa. |
| No bill of rights | The Anti-Federalists opposed the Constitution due to the lack of a bill of rights. |
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What You'll Learn
The Constitution created a powerful central government
The Constitution of the United States was drafted at the Constitutional Convention in Philadelphia in 1787. The Convention was assembled to revise the Articles of Confederation, which was America's first constitution. However, the delegates ultimately created a new system of government with a powerful central government, instead of simply revising the existing one.
The Articles of Confederation had given 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. This led to disputes between the states over territory, war pensions, taxation, and trade, threatening to tear the young country apart.
The delegates at the Constitutional Convention, including prominent figures like George Washington, James Madison, and Alexander Hamilton, believed that a strong central government was necessary to address these challenges. They sought to create a federal government that could overrule state laws and promote the free flow of commerce across state lines.
However, not all delegates agreed with the creation of a powerful central government. Some feared that it would oppress the citizens, having just fought a war against tyranny. The Anti-Federalists opposed the Constitution because it created a strong central government that reminded them of the one they had overthrown, and it lacked a bill of rights.
The final version of the Constitution, voted on and signed by the delegates, established a federal government with three branches: legislative, executive, and judicial. It gave the President the authority to conduct foreign relations and included compromises on issues such as representation, slavery, and commerce. The Constitution stands today as one of the longest-lived and most emulated constitutions in the world.
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The Anti-Federalists wanted a bill of rights
The Anti-Federalists' opposition to the US Constitution was a powerful force in the origin of the Bill of Rights. The Anti-Federalists were chiefly concerned with too much power being invested in the national government at the expense of states. They believed that the new "president" role, the leader of the executive branch, could consolidate too much power under the constitution. This figure could then become “King-like” and forcibly convert the government into a pseudo-monarchy.
A bill of rights would serve as a fire bell for the people, enabling them to immediately know when their rights were threatened. Additionally, some Anti-Federalists argued that the protections of a bill of rights were especially important under the Constitution, which was an original compact with the people. State bills of rights offered no protection from oppressive acts of the federal government because the Constitution, treaties, and laws made in pursuance of the Constitution were declared to be the supreme law of the land.
Federalists rejected the proposition that a bill of rights was needed. They made a clear distinction between the state constitutions and the U.S. Constitution. Using the language of social compact, Federalists asserted that when the people formed their state constitutions, they delegated to the state all rights and powers that were not explicitly reserved by the people. The state governments had broad authority to regulate even personal and private matters. But in the U.S. Constitution, the people or the states retained all rights and powers not positively granted to the federal government.
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The issue of slavery
The delegates also grappled with the question of whether enslaved people should be included in proportional representation calculations. This debate centred around the "Three-Fifths Compromise," which stipulated that three-fifths (60%) of enslaved people in each state would count toward congressional representation. This compromise disproportionately benefited the Southern states, significantly increasing their representation in Congress.
The Convention also addressed the authority of the new federal government to ban the importation of enslaved people from outside the United States, including directly from Africa. This debate reflected the tension between economic interests and moral imperatives. While some delegates vehemently opposed slavery, recognizing its inherent injustice, others defended it as a necessary component of economic prosperity, particularly in the South.
The delegates' discussions and compromises on slavery during the Constitutional Convention laid the groundwork for the complex and often contradictory approach to slavery in the final document. While the word "slavery" is notably absent from the Constitution, the institution of slavery and its legacy profoundly shaped the nation's history and continue to influence American society today.
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State vs federal powers
The issue of state versus federal powers was a central point of contention at the Constitutional Convention. The delegates were divided between those who believed in a strong national government and those who favoured state sovereignty and independence. This division was reflected in the debate over the Virginia Plan, which asserted the supremacy of the national government and gave Congress the authority to override state laws.
The Virginia Plan, drafted by James Madison, proposed a bicameral national legislature with representation proportional to the size of each state. This plan was supported by delegates from large states, who argued that their greater contribution of financial and defensive resources entitled them to more say in the central government. They believed that a strong federal government was necessary for America to become an economic powerhouse, promoting the free flow of commerce across state lines and nationalizing the economy.
However, delegates from small states objected to the Virginia Plan, arguing for equal representation by state. They feared that a strong federal government would oppress their citizens and sought to preserve state sovereignty. This conflict was eventually resolved through the ""Great Compromise", which established the House of Representatives, apportioned by population, and the Senate, which represented the states equally.
Despite this compromise, the tension between state and federal powers remained a source of debate. The final Constitution reflected a mixture of Madison's original "national" vision and the desired "federal" Constitution of many delegates. While the delegates agreed to allot specific responsibilities to the federal government, they also delegated all other functions to the states, reflecting a continued wariness of executive power.
In conclusion, the debate over state versus federal powers at the Constitutional Convention resulted in a compromise that balanced the desires for a strong national government and state sovereignty. However, the tension between these two poles continued to shape the interpretation and implementation of the Constitution in the years that followed.
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Executive power
The delegates to the Constitutional Convention had differing views on the executive power. The convention agreed to have a single executive, as opposed to a plural executive, which was favoured by a few delegates who feared the reinstatement of a monarchy. However, there were disagreements on the manner of electing the executive. Some wanted the President to be elected by Congress for a long term, but ineligible for re-election. Others wanted direct election by the people for a shorter term with no term limits.
The delegates also debated the extent of executive power. Some wanted the executive to have the sole power of appointment, while others wanted the national legislature, specifically the Senate, to have that responsibility. The delegates also debated the treaty-making power, with some wanting the executive to have that power, while others wanted the entire legislature to be involved.
The Virginia Plan, drafted by James Madison and other delegates from Virginia, proposed three separate branches of government: legislative, executive, and judicial. The executive would have the "general authority to execute the national laws" and, working with a committee of judges, the power to review and veto laws passed by Congress. The delegates agreed on the need for a separate executive independent of the legislature and gave the President the power to veto laws, but only if the veto was subject to an override.
The delegates also debated the method of electing the executive, with several proposals considered, including direct election by the people, by state legislatures, by state governors, and by the national legislature. The result was the Electoral College, a compromise that gave large states proportional strength in the number of delegates and the state legislatures the right to select delegates. The delegates also agreed that the President would be elected for a four-year term by electors chosen in a manner prescribed by the state legislatures, with no restrictions on re-election.
During the ratification debates, Anti-Federalists charged that the President would become an elected monarch and that the presidential veto power would be abused. Federalists countered that the American Presidency had limited power, checked by the two other branches, while the British Monarchy had almost unlimited power. They maintained that the President would be accountable to both the people and Congress and could be impeached if he committed crimes.
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Frequently asked questions
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.
Large and small states fought over representation in Congress. Large states favored representation by population, while small states argued for equal representation by state. Another central issue was whether the federal government or the states would have more power. Many delegates believed that the federal government should be able to overrule state laws, but others feared that a strong federal government would oppress their citizens.
The Anti-Federalists fought against the Constitution because it created a powerful central government that reminded them of the one they had just overthrown.
