The Articles of Confederation (1777)
Even before achieving independence from Great Britain, the Colonies had begun the process of creating a government structure to replace British laws and governing system. The document that they finally chose reflected the independent nature and diversity of views of the individual states.
The final document was titled the "Articles of Confederation and Perpetual Union Between The States Of New Hampshire, Massachusetts Bays, Rhode Island, And Providence Plantations, Connecticut, New York, New Jersey, Pennsylvania, Delaware, Maryland, Virginia, North Carolina, South Carolina, and Georgia." With such long name, it is easy to understand why the final document is simply referred to as the Articles of Confederation. The Articles of Confederation was adopted in 1777 but was not ratified until March 1, 1781. and became the first constitution of the new nation. But almost immediately, it proved to be a weak and ineffective form of government. Each state had one representative in the Congress of the Confederation. Although there was technically a President, he did not have the authority or power that we now associate with the title. These are but two of the ways that the Articles of Confederation were weak. Frustration with the weak confederation proved too much for many Americans and it soon led to efforts to improve it. |
Source- Library of Congress
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The United States Constitution of 1789
The flaws with the Articles of Confederation became obvious even before it was ratified in 1781. Over time, people began to demand changes to improve the way that the government functioned and how it was structured.
The Constitutional Convention of 1787
The mounting criticism of the Articles of Confederation eventually led to the Constitutional Convention of 1787. It was held at the Pennsylvania State House in Philadelphia, the same place that the Declaration of Independence was signed. All of the states were represented by delegates except for Rhode Island.
One of the first tasks of the Constitution Convention was to select a leader. George Washington, a delegate from Virginia, was chosen to be the president of the Convention. Washington’s experiences during the Revolutionary War had taught him the need for reform. His underfunded army had oftentimes gone without food and warm clothing during the war- a result of states not contributing more funds to the war effort. The rest of the delegates were a mixture of prominent men from the various state legislatures or who men who had fought in the war. All of them came states that were at some stage of creating their own state constitutions.
The fifty-five delegates that came together on May 25, 1787 originally had the goal of improving the Articles of Confederation. But over time it became obvious to many delegates that they needed an entirely new constitution. Major problems involving taxation, currency, and conflicts between the states could not be addressed appropriately using the existing system.
One of the first tasks of the Constitution Convention was to select a leader. George Washington, a delegate from Virginia, was chosen to be the president of the Convention. Washington’s experiences during the Revolutionary War had taught him the need for reform. His underfunded army had oftentimes gone without food and warm clothing during the war- a result of states not contributing more funds to the war effort. The rest of the delegates were a mixture of prominent men from the various state legislatures or who men who had fought in the war. All of them came states that were at some stage of creating their own state constitutions.
The fifty-five delegates that came together on May 25, 1787 originally had the goal of improving the Articles of Confederation. But over time it became obvious to many delegates that they needed an entirely new constitution. Major problems involving taxation, currency, and conflicts between the states could not be addressed appropriately using the existing system.
Source - Library of Congress
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A variety of issues confronted the delegates. Large states, such as Virginia, wanted representation to be based on population. Smaller states such as New Jersey, Delaware, and Connecticut wanted equal representation for all states. Two different factions eventually dominated the Convention- Federalists and Anti-federalists. Antifederalists opposed adoption of the new US Constitution of 1787 because they felt it gave the federal government too much power and took away power from the states. Federalists supported adoption of the new US Constitution of 1787 and wanted a strong national government. One way that the Federalists attempted to gain support was by publishing a series of eighty-five articles in newspapers (referred to as the Federalist Papers). The authors of the articles used pseudonyms instead of their real names. The actual authors were James Madison, John Jay, and Alexander Hamilton.
The image to the left show Federalist Paper Number X. It was published in the New York Daily Advertiser and was authored by Publius (pseudonym for James Madison). Federalists and Antifederalists were so opposed to the other that it eventually resulted in a deadlock and proposals for compromises. The list below highlights a few of those compromises and describes each briefly. |
Virginia Plan - This proposal would have created two houses with seats based on population.
New Jersey Plan - This proposal would have created one house with state having one representative.
Great Compromise - This compromise created a House of Representatives based on state population and a Senate with two
representatives from each state.
Three-Fifths Compromise - This compromise allowed states to include three-fifths of their slave populations when determining
state populations.
New Jersey Plan - This proposal would have created one house with state having one representative.
Great Compromise - This compromise created a House of Representatives based on state population and a Senate with two
representatives from each state.
Three-Fifths Compromise - This compromise allowed states to include three-fifths of their slave populations when determining
state populations.
One delegate, James Madison of Virginia, would eventually become the principal author of the Constitution. His legacy as the principal writer has earned him the title of "Father of the Constitution." The new Constitution was signed in 1787 in Philadelphia, Pennsylvania. But, the Constitution had to be ratified by nine of the thirteen state legislatures before it could begin to be used. Delaware was the first state to ratify the Constitution in 1787. The other eight states needed to ratify the Constitution eventually voted in favor of it in 1788. The laws enacted under the Constitution have created the system that we use today.
The Preamble to the United States Constitution
The Constitution begins with a long sentence, called the preamble, that states exactly why the new government was formed.
Articles I Through VII of the US Constitution
The U.S. Constitution is divided into seven articles. The first three articles describe the separation of powers. The following is a brief summary of the seven articles.
Article I - Article I defines the structure and responsibilities of the Legislative Branch of the government (Congress). The primary responsibility of Congress is to make the laws of the nation.
Article II - Article II of the Constitution defines the Executive Branch and the duties of the President. The President’s responsibility is to enforce the laws of the nation. The Constitution directs the President to "take Care that the Laws be faithfully executed..." The President also has the power to sign or veto legislation that has been passed by Congress.
Article III - Article III of the Constitution defines the responsibilities of the judicial branch of government. The judicial branch consists of the U.S. Supreme Court and Federal Courts. Nine justices are appointed to the U.S. Supreme Court. They are nominated by the President and must be confirmed by the U.S. Senate. If nominees are approved by the Senate, they could potentially serve for life. The Supreme Court's primary responsibility is to ensure that the nation's laws are constitutional.
Article IV - Article IV deals with a wide range of issues related to states and creation of territories.
Article V - Article V describes how the methods of amending the U.S. Constitution.
Article VI - Article VI states that the Constitution, the laws of the United States, and U.S. treaties shall be the supreme Law of the Land.
Article VII - Article VII deals with the procedures for ratification of the U.S. Constitution.
The conclusion of the U.S. Constitution ends with the signatures of the thirty-nine delegates.
Article I - Article I defines the structure and responsibilities of the Legislative Branch of the government (Congress). The primary responsibility of Congress is to make the laws of the nation.
Article II - Article II of the Constitution defines the Executive Branch and the duties of the President. The President’s responsibility is to enforce the laws of the nation. The Constitution directs the President to "take Care that the Laws be faithfully executed..." The President also has the power to sign or veto legislation that has been passed by Congress.
Article III - Article III of the Constitution defines the responsibilities of the judicial branch of government. The judicial branch consists of the U.S. Supreme Court and Federal Courts. Nine justices are appointed to the U.S. Supreme Court. They are nominated by the President and must be confirmed by the U.S. Senate. If nominees are approved by the Senate, they could potentially serve for life. The Supreme Court's primary responsibility is to ensure that the nation's laws are constitutional.
Article IV - Article IV deals with a wide range of issues related to states and creation of territories.
Article V - Article V describes how the methods of amending the U.S. Constitution.
Article VI - Article VI states that the Constitution, the laws of the United States, and U.S. treaties shall be the supreme Law of the Land.
Article VII - Article VII deals with the procedures for ratification of the U.S. Constitution.
The conclusion of the U.S. Constitution ends with the signatures of the thirty-nine delegates.
The Twenty-Seven Amendments to the U.S. Constitution
The U.S. Constitution is sometimes referred to as a "living document." It was designed to change as the country grew and to allow for future generations to modify it as necessary. Modifications to the U.S. Constitution come in the form of amendments. Amendments can be added to protect the rights of citizens, and amendments can be added to repeal previous amendments. For example, the 18th Amendment to the U.S. Constitution was ratified in 1919. It banned the "manufacture, sale, or transportation of intoxicating liquors..." The opinion of the nation later changed and the 21st Amendment was ratified in 1933. The 21st Amendment repealed the earlier 18th Amendment.
Bill of RightsThe Bill of Rights refers to the first ten amendments to the U.S. Constitution. Although the original bill described twelve amendments, only amendments three through twelve were passed. The amendments then went to the states for ratification. The required three-fourths approval by the State Legislatures finally came on December 15, 1791.
The importance of the Bill of Rights can not be overstated. It represented the fulfillment of the agreement made by the delegates to the Constitutional Convention. More importantly, it enshrined the basic rights that all Americans hold dear. 1st Amendment to the U.S. Constitution "Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances." |
This is the original 1789 bill that proposed twelve amendments to the U.S. Constitution.
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2nd Amendment to the U.S. Constitution - "A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed."
3rd Amendment to the U.S. Constitution - "No Soldier shall, in time of peace be quartered in any house, without the consent of the Owner, nor in time of war, but in a manner to be prescribed by law."
4th Amendment to the U.S. Constitution - "The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized."
5th Amendment to the U.S. Constitution - "No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation."
6th Amendment to the U.S. Constitution - " In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the Assistance of Counsel for his defence."
7th Amendment to the U.S. Constitution - "In suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved, and no fact tried by a jury, shall be otherwise re-examined in any Court of the United States, than according to the rules of the common law."
8th Amendment to the U.S. Constitution - "Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted."
9th Amendment to the U.S. Constitution - "The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people."
10th Amendment to the U.S. Constitution - "The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people."
3rd Amendment to the U.S. Constitution - "No Soldier shall, in time of peace be quartered in any house, without the consent of the Owner, nor in time of war, but in a manner to be prescribed by law."
4th Amendment to the U.S. Constitution - "The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized."
5th Amendment to the U.S. Constitution - "No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation."
6th Amendment to the U.S. Constitution - " In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the Assistance of Counsel for his defence."
7th Amendment to the U.S. Constitution - "In suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved, and no fact tried by a jury, shall be otherwise re-examined in any Court of the United States, than according to the rules of the common law."
8th Amendment to the U.S. Constitution - "Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted."
9th Amendment to the U.S. Constitution - "The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people."
10th Amendment to the U.S. Constitution - "The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people."