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History of the Constitution

The Thirteen ColoniesDuring the Revolutionary War, the 13 colonies united to free themselves from England’s 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 Constitution’s 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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