History of the Constitution
During the Revolutionary War, the 13
colonies united to free themselves from Englands rule. After they
won their freedom, they were glad they were no longer British, but they
were not ready to unite. The states were very different from each other;
however, they realized that in order to grow and prosper, they needed
the other states. So, delegates from each state got together and a plan
for unity was initially submitted to the Second Continental Congress
on July 12, 1776. After much debate, on November 15, 1777, the states
finally established a "firm league of friendship" that became
known as the Articles of Confederation. The Articles, however, did not
go into effect until March 1, 1781.
Under the Articles of Confederation, each state
remained independent, with a single vote,
and there was no real power behind the central government. Within 2
years, it became obvious that the Articles of Confederation was weak
many people were in debt and states were printing money that
was worthless. It was decided that the states should get together and
fix the Articles and unite the states as one nation.
Major challenges to governing through
the Articles of Confederation:
- Congress (the central government) was made
up of delegates chosen by the states and could conduct foreign affairs,
make treaties, declare war, maintain an army and a navy, coin money,
and establish post offices. However, measures passed by Congress had
to be approved by 9 of the 13 states.
- Congress was severely limited in its powers.
It could not raise money by collecting taxes; it had no control over
foreign commerce; it could pass laws but could not force the states
to comply with them. Thus, the government was dependent on the willingness
of the various states to carry out its measures, and often the states
refused to cooperate.
- The articles were virtually impossible to amend,
so problems could not be corrected.
Constitutional Convention Quick Facts:
- President of the Constitutional Convention:
George Washington
- Location: The State House (Philadelphia, Pennsylvania),
known as Independence Hall
- Oldest Delegate: Benjamin Franklin, 81
- Youngest Delegate: Jonathan Dayton, 26
- Average Age of Delegates: 42
- Remains today, the world's oldest written Constitution.
The Constitutional Convention
A stronger central administration was needed if
the nation was going to survive. Delegates from each state (except Rhode
Island) began arriving in Philadelphia, Pennsylvania in May 1787. At
first, only Virginia and Pennsylvania were represented. It took some
of the delegates months to arrive. In fact, the last delegate to arrive
showed up on August 6th!
Early on, Gov. Edmund Randolph (Virginia) presented
the Virginia Plan, which provided for a "national"
government with three branches, the executive, the legislative, and
the judicial.
- Executive Branch: Provides
leadership and enforces laws.
- Legislative Branch: Makes
laws for the nation.
- Judicial Branch: Explains
and interprets laws.
Many of the delegates were outraged at the word
"national," not wanting the states to lose power. There was
also debate between small states and large states about representation
in the national government. Individual rights over state rights were
also debated, as was the head of government. In the end, most of the
Virginia Plan was used; however, it would take a "Great Compromise."
Aspects of the "Great Compromise"
- A bicameral
legislature made up of the Senate and the House of Representatives
settled the debate over representation in the national government.
Small states feared they would be ignored if representation was based
on population. Large states, however, believed that their larger populations
deserved more of a voice. Under the two house system, each party would
be represented in a balance of power. Each state would be equally
represented in the Senate, with two delegates, while representation
in the House of Representatives would be based upon population.
- Commerce
and slavery were two issues that divided
the colonies between North and South. Southern states exported goods
and raw materials and feared the Northern states would take unfair
advantage. The South finally agreed not to require two-thirds passage
in both houses to regulate commerce. The North agreed that the slave
trade could continue until 1808. Slaves would be taxed at not more
than $10 each when brought in. In addition, slaves would be counted
as three-fifths of a person for representation in the House of Representatives.
- Nationality requirements and
provisions for amending and ratifying the Constitution
were also addressed. It was decided that Senators would have to be
citizens for nine years, while Representatives only seven. The President
must be native-born. A system was set up whereby changes, or amendments,
could be made to the Constitution. Nine of the 13 states must vote
to ratify the Constitution before it could become law.
The Constitution was finally finished on September
12, 1787 and made public. It did not contain any sort of Bill of Rights,
even though that question had been heavily debated. Of the 42 delegates
still present at the convention when it was finished, 39 signed the
Constitution. Only Gov. Edmund Randolph (Virginia), George Mason (Virginia),
and Elbridge Gerry (Massachusetts) declined to sign. Each states was
then given six months to convene and vote on the proposed Constitution.
During these six months, there was much public
debate. People in favor of the Constitution were called Federalists
while those opposed were called Anti-Federalists." James
Madison, Alexander Hamilton, and John Jay wrote a series of articles
in favor of the Constitution that became known as The Federalist
Papers. Some of these articles explained about the system of "checks
and balances" in the Constitution wherein no one branch of government
would have more power than the other two. These articles helped sway
public opinion. The Constitution was finally ratified and became legal
on June 21, 1788.
The Order of Ratification
1 |
Delaware |
December 7, 1787 |
2 |
Pennsylvania |
December 12, 1787 |
3 |
New Jersey |
December 18, 1787 |
4 |
Georgia |
January 2, 1788 |
5 |
Connecticut |
January 9, 1788 |
6 |
Massachusetts |
February 6, 1788 |
7 |
Maryland |
April 28, 1788 |
8 |
South Carolina |
May 23, 1788 |
9 |
New Hampshire |
June 21, 1788
(With this state's signing, the Constitution became legal) |
10 |
Virginia |
June 25, 1788 |
11 |
New York |
July 26, 1788 |
12 |
North Carolina |
November 21, 1788
(Initially voted against ratification) |
13 |
Rhode Island |
May 29, 1790
(Did not even hold a constitutional convention) |
The Bill of Rights
Because there was so much interest and debate
regarding individual freedoms, a Bill of Rights became law on December
15, 1791. Twelve amendments were proposed but only 10 were passed. The
Bill of Rights consisted of the Constitutions first 10 amendments
and included freedom of speech, religion, the press, peaceful assembly,
and rights to jury trials.
Amendments to the Constitution
Since the original 10 amendments, the Bill of
Rights as they are collectively known, 17 more amendments have been
passed. The most recent, Amendment XXVII, was ratified May 2, 1992.
Interestingly, it was originally proposed on September 25, 1789 and
was one of the two that were not passed as part of the Bill of Rights.
Amendment XXVII has to do with the compensation, or paying of a salary,
to members of the Senate and House of Representatives.
Other amendments have included:
- Amendment XIII, ratified on December 6, 1865,
abolished slavery.
- Amendment XV, ratified on February 3, 1870,
wherein "the right of the citizens
to vote shall not be
denied or abridged by the United States or by any State on account
of race, color, or previous condition or servitude."
- Amendment XIX, ratified on August 8, 1920,
which did much the same thing as Amendment XV, but was based on sex,
basically giving women the right to vote.
Only one amendment, Amendment XVIII, ratified
on January 6, 1919, prohibiting "the manufacture, sale, or transportation
of intoxicating liquors" was ever repealed. Amendment XXI, ratified
on December 5, 1933, was the amendment that repealed Amendment XVIII.
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