As time went on, it became more and more clear that the Central government did not possess the strength it needed to establish a firm financial system, regulate trade, enforce treaties, or to apply military force against foreign enemies when needed. Internal divisions between families and merchants, debtors and creditors, and among the states themselves were growing more and more brutal. The sense of disaster, and the strong need for change infused the Constitutional convention. All of the delegates were convinced that an effective central government with a variety of enforceable powers, must replace the impotent congress that was the product of the Articles of Confederation.
In February of 1787, the Legislative Body of the Republic, also referred to as the Continental Congress, called for the states to send their delegates to Philadelphia, Pennsylvania where they would revise the Articles of Confederation. The Constitutional Convention assembled their meeting on May 25, 1787 in the Independence Hall, where the Declaration of Independence had previously been put into effect eleven years prior on July 4, 1776.
Although the delegates were originally sanctioned to alter only the Articles of Confederation, they decided to move further, in that creating a completely new draft for a more centralized form of Government. The document that was an outcome of their revisions came to be known as The Constitution of the United States of America. The primary goal of the Constitution was to elect a strong Government that was mainly concerned with the will of the people. The new document was completed on September 17, 1787 and was officially adopted on March 4, 1789.
Early on, the delegates decided unanimously that the new government would consist of three branches, those of which included the legislative, judicial, and executive, each with distinct powers to balance those of the other two branches. It was also agreed that the legislative branch would consist of two houses.
Up until this point conflict regarding agreements was not yet a problem. This began to change in a matter of time. Differences of opinion lead to a very frustrated group of individuals. Meetings were being called off or cut short and therefore the adoption of a revised guideline was also postponed. Smaller states were competing with larger states and vice versa for rules to be passed in one state and not in the other. The reasons for conflict were all due to the difference of population among each state. Some people from larger states felt as though their laws should be different from those of people from a smaller state. The issue came to be settled by the “Great Compromise,” which gave each state equal representation in one house of Congress and proportional representation in the other. The decisions of equal representation entitled that every state would have two seats in the Senate, and the number of seats in the House of Representatives would be based on the population of the state. The House of Representatives was given power to develop all legislation dealing with the Federal budget and revenues. But throughout the next few months that followed, the delegates worked out a number of other compromises. Some delegates that were fearful of distributing to much power to the people, argued for indirect election of all federal officials; others wanted as broad of an electoral base as possible. Some wanted to exclude the Western territories of eventual statehood; others saw the future strength of
the nation in the virgin lands beyond the Appalachians. There were many different views to be reconciled such as the terms, powers, and method of selection process for the Presidents, as well as conflicting ideas on the role of the Federal judiciary. The high caliber of the delegates relieved the way of the compromise.
Few of the great leaders of the American Revolution were absent, these included Thomas Jefferson and John Adams. John Jay as well as a handful of others including Samuel Adams and Patrick Henry also did not make it to the meeting in which our Constitution would eventually be established. George Washington was there along with Benjamin Franklin, James Madison, Governor Morris, and Alexander Hamilton.
Some of the ideas that were gathered together to be added to the Constitution were either new, or taken from the British governmental tradition. Also, the experience of self-governing was an advantage that these individuals had, because past experiences of self-governing assisted in establishing the pros and cons of each addition to the document. The Declaration was an extremely important guide that helped the group to provide a sort of framework, it also kept the ideas of self-governing and human rights close in consideration during the preparation. Another aid that helped were the writings of great European philosophers. These writings included the works of Montesquieu and John Locke.
In late July, a committee was developed in order to draft a document based on the agreements that were reached by the group. After about a month, and a second committee, headed by Governor Morris, a final version was produced. This version was submitted for signing on September 17th. There was not one single mutual agreement for
all of the segments of the document. Some agreed partially, whereas others did not agree at all. As the meeting progressed a few individuals had exited before the signing, while some remained and refused to sign. These people included Edmund Randolph, George Mason, and Elbridge Gerry. The 39 people that remained signed the document, some of which may not have agreed entirely with the complete text. Their feelings were summed up by the words of Benjamin Franklin who said, “There are several parts of this Constitution which I do not at present approve, but I am not sure I shall never approve them.” He would accept the Constitution “because I expect no better and I am not sure that it is not the best.”
Now that the Articles of Confederation had been revised into a new document known as the Constitution, the next step was ratification. This meant that at least 9 of the 13 states must accept the document and agree with its terms. The first state to act on the ratification of the Constitution was Delaware. Followed promptly by New Jersey and Georgia. The majority of people in Pennsylvania and Connecticut approved the document, whereas a debate took place in Massachusetts. The people of this state only wanted to accept the Constitution under certain conditions. With the addition of ten other amendments Massachusetts would accept. The state of Massachusetts wanted a guarantee that these amendments would include Freedom of Religion, Speech, Press, and Assembly, as well as the right to trial by jury, and prohibition of unreasonable searches or arrests. A number of other states added similar changes to the document and the 10 amendments that were added in 1791 came to be known as the Bill of Rights.
By late June 1788, Maryland, South Carolina, and New Hampshire had given their consent to the new Constitution completing the ratification requirements by nine states. New York, Virginia, Rhode Island, and North Carolina all remained undecided. It was clear though, that the Constitution would not be stable until New York and Virginia had given their consent. Virginia was influenced by George Washington to accept the document, and finally agreed on June 26, 1788. Alexander Hamilton, James Madison, and John Jay produced a document of written arguments to be given to New York in attempt to gain their approval. These arguments came to be a success, and New York gave their approval on July 26th. That following November, North Carolina approved the Constitution, while Rhode Island put off signing the document until 1790 when they finally realized that they were a weak, undersized state that needed to adopt this source of government rather than what they were currently using, which would eventually lead to tribulations if they did not make some changes.
After the ratification by New York and Virginia, the process of organizing a government began on September 13th, 1788. Following, Congress declared New York as the seat of the new government.
The schedule of events that took place following the ratification process, and the development of the new government, were scheduled to occur on the first Wednesday of each month starting in January 1789 and ending in March of the same year. The first event was the day selected for choosing the presidential electors. In February, on the first Wednesday, a meeting was held for the electors to select a President. Finally, on the first Wednesday in March, the opening session of the new Congress took place.
Under the Constitution, each state legislature had the power to decide how the presidential electors, representatives, and Senators would be chosen. Some states wanted direct elections by the people; others wanted the election to be made by the Legislature, while a small group preferred a combination of both the people and the legislature to make their choices for the election.
The final execution was set for March 4th, 1789. Only 13 representatives out of 59, and 8 Senators out of 22 had arrived at the meeting that was being held in New York City. The seats that were not taken were those of the representatives and senators from the states that had not yet ratified the Constitution. Eventually, the houses met in order to count the votes of the Presidential election. The result was unanimous George Washington became our first President of The United States of America, while John Adams was elected as Vice President. The two men were sworn into office on April 30th, 1789, therefore completing the new government.
The United States Constitution refers to itself as the “Supreme law of the Land.” This also means that the constitutional supremacy refers to when state constitutions or laws passed by state legislatures or by the national congress conflict with the federal constitution, and then these laws have no force. Final authority is found in the Americans themselves. These people can change the constitution by amending it, or even drafting a new one. However, although the American people have authority to an extent, if they wish to draft a new constitution or amend it, the procedure for doing so includes the elected officials. It is not an easy process, many people that have been appointed the position that grants them the authority to make any changes, must gather together and
discuss the new ideas, as well as pros and cons that may come along with them, and seriously consider the American people’s wishes. Generally, the American people discuss their opinions or ideas through a ballot box.
The authors of the Constitution made sure to remember that the document should have the power to regulate the people and laws not only then, but in future years yet to come as well. When preparing the document, the authors also took into consideration that from time to time changes may be needed as the economy progressed, and as the world changed. They also wanted to make certain that if a majority of people held similar opinions, then those opinions should not be disregarded in any way. Their solution was to develop a dual process by which the Constitution could be revised. This solution stated that the Congress, by a two-thirds vote in each house, has the power initiate an amendment. The legislatures, however, of two thirds of the states may ask Congress to call a national convention to discuss and draft amendments. In either of these circumstances, all amendments must have the approval of three-fourths of the states before they declare the revision to be complete and enforced.
Although the process for changes to the Constitution seem as though they may be somewhat of an inconvenience, we are fortunate as Americans to have a Constitution that entitles us to our own rights. We follow the Bill of Rights, and we have the opportunity and freedom for much more than some could even wish. The revisions that have been made to the Articles of Confederation have had a dramatic impact on the Americans lack of restrictions, and today and forever I will be grateful to have had the opportunity to experience such a formal sort of government.
