The Constitution – A New Country Decides Its Future

In May 1787, fifty-five learned and experienced men met in Philadelphia, Pennsylvania, while their wives managed their farms and households at home (though several of their wives were instrumental in shaping their thinking, as we know through letters). These members of the Constitutional Convention had been selected to represent their states in revising the first American Constitution: The Articles of Confederation and Perpetual Union.

Forty-two of the men previously participated in the Continental Congress, and thirty fought with George Washington in the Revolutionary War. Some contributed to writing the Declaration of Independence or the Articles of Confederation. Many knew others who were present. In the sweltering heat and humidity of a Pennsylvania summer, this group of delegates, over which George Washington presided, began discussing radical changes to our system of government.

A Stronger Federal Government

Due to the hardships of living under British rule, the initial colonies were reluctant to cede too much power to a central government in the Articles of Confederation. After ratifying the Articles, the new states acted as if they were independent rather than unified, even making treaties with other countries and charging tariffs on each other. The most challenging issue? The federal government lacked the power to tax. It could not conduct the nation’s business, such as building infrastructure, enforcing laws, or paying the army.

The Framers knew that a land of states acting independently would create chaos. After living with the Articles of Confederation for ten years, they realized they needed to define a more unified and powerful federal government. This would entail writing an entirely new Constitution.

James Madison, now recognized as the Father of the Constitution, came to the Constitutional Convention with a bold and radical proposal known as the Virginia Plan. It set out a structure for a federal government comprised of three branches, directly responsible to the people who would vote for their leaders.

A Balance of Power

Under the Articles of Confederation, the federal government had only a legislative function. The Articles did not provide for a judicial branch to interpret its laws, nor an executive branch to enforce them. The federal government required all three branches to be effective. However, delegates were concerned about the loss of states’ rights and the abuse of power by a strong central government.

As the weather grew impossibly hot and humid, the delegates debated. Some wanted states to retain power. Some, including Washington and Benjamin Franklin, supported Madison, who was not allowed to state an opinion as president of the Convention. To address delegates’ concerns, they would need to create a system of checks and balances.

The Legislative Branch

Delegates felt obligated to represent their state’s particular interests – representatives of larger states felt the number of votes in Congress should be based on population, while delegates from smaller states preferred the current system of one vote per state. Ultimately, they agreed to create two legislative bodies: the Senate, with two members from each state regardless of population, and the House of Representatives, whose members would be based on population. As we’ve learned, this framework has afforded an advantage to smaller states.

The Judicial Branch

The Framers created an independent and co-equal Judicial Branch as a balance to the Legislative and Executive Branches. This ensured a unified and consistent system of justice throughout the nation and provided the balance of power necessary to prevent tyranny. The Judicial Branch included the Supreme Court and lower federal courts.

The Executive Branch

There was also disagreement about how to select a President, either by popular vote or by Congress. The Framers reached a compromise for each state to choose electors (Electoral College) who would vote for the President based on their opinion about who would best serve the country, but with an understanding of who the people had voted for in public elections.

Powers Granted to the Government and the People

The final draft of the Constitution defined and limited the powers and responsibilities of the House, the Senate, the Supreme Court, and the Executive Branch. However, many delegates would not vote for the new Constitution unless it included a Bill of Rights that balanced the new powers granted to the government against guaranteed individual rights. Washington promised that a Bill of Rights would be included. The Convention approved the final draft and sent it to Congress.

By May 1790 – three years from the start of the Constitutional Convention – all thirteen states ratified the Constitution.  By September, New York City was named the temporary official capital. And by December 1791, three-fourths of the states had ratified the Bill of Rights’ ten amendments to the Constitution.

NOTES

1. U.S. Constitution