Keith Mack
The 1787 Constitution of the United States was drafted in Philadelphia by 55 delegates, establishing a federal government with more specific powers, including the power to conduct foreign relations. The delegates aimed to create a government of limited powers, with the energy to fulfil the promises in the preamble: to form a perfect union, establish justice, insure domestic tranquility, provide for the common defence, promote the general welfare, and secure the blessings of liberty. The 1787 Constitution superseded the Articles of Confederation, which had no enforcement powers, and could not regulate commerce or print money. The 1787 Constitution's first three articles embody the doctrine of the separation of powers, dividing the federal government into three branches: the legislative, executive, and judicial. The delegates also debated how many representatives each state should have in Congress, and how they should be elected.
| Characteristics | Values |
|---|---|
| Date of drafting | Between May 25 and September 17, 1787 |
| Location of drafting | Independence Hall, Philadelphia |
| Number of pages | 4 |
| Number of articles | 7 |
| Number of delegates | 55 |
| Number of states represented | 12 |
| Number of states that refused to send delegates | 1 (Rhode Island) |
| Previous constitution | Articles of Confederation |
| Governmental powers | Legislative, Executive, and Judicial |
| Election of the President | By a group of "electors" chosen by state legislatures or the people of their states |
| Ratification | March 4, 1789 |
| Influence | European Enlightenment thinkers, like Montesquieu and John Locke |
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What You'll Learn
The US Constitution superseded the Articles of Confederation
The weaknesses of the Articles of Confederation became apparent, particularly after Shays' Rebellion, and prominent political thinkers like Alexander Hamilton advocated for changes to strengthen the central government. The Constitutional Convention of 1787 in Philadelphia was convened to address these issues and revise the Articles. However, the delegates ultimately rejected the Articles and drafted a new constitution, creating a federal government with more specific powers.
The US Constitution established a balance between maintaining public order and security and protecting personal liberty. It divided federal authority among the legislative, judicial, and executive branches, with checks and balances to ensure stability and civic responsibility. The Constitution also addressed issues arising from the Revolutionary War, such as debt repayment and territorial disputes, and provided a framework for conducting foreign relations.
The US Constitution came into effect in 1789, replacing the Articles of Confederation and serving as the basis of the United States Government ever since. The Constitution's success lies in its ability to strike a delicate balance between governmental power and personal liberty, a challenge faced by nations worldwide when drafting their constitutions.
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The Constitution established a federal government
The United States Constitution of 1787 established a federal government with more specific powers, including those related to conducting relations with foreign governments. The Constitution superseded the Articles of Confederation, which had previously governed the nation. The Articles of Confederation had proven ineffective in meeting the needs of the young nation, particularly in conducting foreign policy, as the federal government lacked the power to pass or enforce laws.
The Constitutional Convention of 1787 in Philadelphia addressed the problems of the weak central government that existed under the Articles of Confederation. The fifty-five delegates to the convention, chosen by the state legislatures of 12 of the 13 original states (Rhode Island refused to send delegates), debated and redrafted the articles of the new Constitution over the summer. The chief points at issue included the amount of power to grant the central government, the number of representatives in Congress for each state, and how these representatives should be elected.
The Constitution that emerged established a federal government with three branches: the legislative, the executive, and the judicial. The legislative branch consisted of a bicameral Congress, with the Senate handling important issues such as treaty ratification, while the House of Representatives dealt with routine matters. The executive branch, consisting of the President and subordinate officers, was given the authority to conduct foreign affairs, although important powers such as treaty ratification remained with the legislative branch. The judicial branch, consisting of the Supreme Court and other federal courts, was responsible for interpreting the laws and ensuring justice.
The framers of the Constitution created a model of government that relied on a series of checks and balances by dividing federal authority between the three branches. This system was designed to strike a balance between maintaining public order and security and nurturing and protecting personal liberty. The Constitution also enshrined the institution of slavery, even as it contradicted the core values of liberty and equality on which America had declared its independence.
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It outlined the separation of powers
The 1787 Constitution, also known as the United States Constitution, was drafted to address the problems of the weak central government that existed under the Articles of Confederation. It established a federal government with more specific powers, including those related to conducting relations with foreign governments.
The 1787 Constitution outlined the separation of powers, dividing the federal government's powers between three separate branches of government: the legislative, the executive, and the judiciary. This structure was designed to prevent tyranny by a single branch, lead to effective governance, and protect the liberty of US citizens. The Framers of the Constitution, influenced by their experiences with the British monarchy, believed that concentrating governmental powers in a single entity would lead to arbitrary and oppressive rule. James Madison, for instance, borrowed ideas from Montesquieu, a French noble and scholar who advocated for a separation of powers.
The legislative power of the federal government was vested in Congress, while the executive power was given to the President. The judicial power was vested in the Supreme Court and any lower courts created by Congress. This separation of powers was further reinforced by the establishment of an executive branch to handle routine paperwork, while important issues such as treaty ratification were left to the Senate.
The 1787 Constitution also included provisions to maintain the separation of powers. For example, it prohibited members of Congress from serving in Presidential administrations, ensuring a clear division between the legislative and executive branches. Additionally, it was established that Congress could not encroach upon the President's power to remove an executive officer, and the President could not usurp Congress's lawmaking powers through executive orders.
The separation of powers in the 1787 Constitution was a significant departure from the previous system, where each state government had sovereignty, and the federal government had limited authority. The new structure created a stronger national government that could effectively govern the country and maintain the delicate balance between governmental power and personal liberty.
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The Constitution enshrined slavery
The 1787 Constitution was the first written constitution for any nation in the world. The document addressed the problems of the weak central government that existed under the Articles of Confederation. It established a federal government with more specific powers, including those related to conducting relations with foreign governments. The framers of the Constitution divided federal authority between the legislative, judicial, and executive branches of government.
The 1787 Constitution enshrined slavery. While the word "slave" does not appear in the Constitution, slavery received important protections in the document. The Three-Fifths Compromise, which counted three-fifths of a state's slave population in apportioning representation, gave the South extra representation in the House of Representatives and extra votes in the Electoral College. This created the "Slave Power" in the legislature, allowing bills favourable to the southern region to pass more easily in Congress. The delegates also agreed to a fugitive slave clause, which meant that enslaved people who ran away and sought freedom had to be returned to their enslavers, and that the federal government would enforce this rule. The delegates to the convention also reached a compromise about the slave trade and commerce, agreeing that there would be no restriction on the slave trade for 20 years until 1808. In return, the federal government could make laws requiring American ships to be used in all commerce to the benefit of shipbuilders and maritime men in the northeast region.
The framers of the Constitution believed that concessions on slavery were necessary to gain the support of southern delegates for a strong central government. They were convinced that if the Constitution restricted the slave trade, southern states such as South Carolina and Georgia would refuse to join the Union. Many of the framers harbored moral qualms about slavery, and some became members of anti-slavery societies. However, in their quest for "compromise," the delegates exacerbated the existing contradiction in their nation regarding the core values of liberty and equality on which America had declared its independence.
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It established a system of checks and balances
The 1787 Constitution established a system of checks and balances, dividing federal authority between the Legislative, Judicial, and Executive branches of government. The Framers of the Constitution aimed to create a system of government that provided sufficient power to govern while protecting the liberties of the governed. This was achieved through a separation of powers, with each branch having powers to check and balance the operations and power of the other two.
The Legislative Branch, consisting of the Senate and the House of Representatives, holds the power to pass legislation. The Executive Branch, led by the President, can veto this legislation, preventing its enactment into law. However, the President requires the Senate's consent to appoint executive officers and judges or enter into treaties.
The Vice President, who serves as the President of the Senate, can cast a tie-breaking vote in the Senate. While only Congress has the power to declare war, the President is the leader of the armed forces. The President also has the power to grant reprieves and pardons for federal offences, except in cases of impeachment.
The Judicial Branch, through judicial review, can check the actions of the other two branches. The impeachment power gives Congress the authority to address corruption and abuse of power in the other branches.
This system of checks and balances aimed to strike a balance between maintaining public order and security while nurturing and protecting personal liberty. It provided a framework for governing that allowed for stability and civic responsibility in a democratic context.
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Frequently asked questions
The 1787 Constitution aimed to establish a federal government with more specific powers, including the ability to conduct foreign relations. It superseded the Articles of Confederation, which lacked enforcement powers and could not regulate commerce.
The 1787 Constitution established a federal government with three branches: the legislative, executive, and judicial. It outlined the powers and responsibilities of each branch, with the legislative consisting of a bicameral Congress, the executive led by the President, and the judicial including the Supreme Court. The Constitution also addressed issues such as congressional representation, the role of the executive branch, and the regulation of commerce.
There were several challenges in drafting and ratifying the 1787 Constitution. Delegates had differing interests and views, and there were fierce debates over issues such as congressional representation, slavery, and the balance of power between the states and the central government. Anti-Federalists opposed the Constitution due to its creation of a powerful central government and lack of a bill of rights.
The 1787 Constitution has been successful in striking a balance between maintaining public order and security while protecting personal liberty. It has provided remarkable stability to popular democracy and served as a model for other constitutions worldwide. The Constitution's influence has waned in recent decades as countries have updated or replaced it with new constitutions.
