Writing the Constitution

Writing the Constitution – the weaknesses of the Articles of Confederation along with incidents such as Shays’ Rebellion highlighted the need for writing a new constitution; at the Philadelphia Convention in 1787 delegates from the states met to write a new constitution where division between Anti‑Federalist vs. Federalist characterized the process; the delegates agreed to the Great Compromise and Three-Fifths Compromise and to the addition of a Bill of Rights in their efforts to complete a constitution and have it ratified by the states.

Writing the Constitution – the Weaknesses of the Articles of Confederation

The Articles of Confederation, adopted in 1781, served as the first constitution of the newly formed United States of America. However, it soon became apparent that the Articles had several weaknesses that hindered the effective functioning of the government.

One of the main weaknesses of the Articles of Confederation was the lack of a strong central government. Under the Articles, the states held most of the power, while the central government had limited authority. This led to a lack of cohesion and coordination among the states, making it difficult for the government to address national issues and enforce laws.

Furthermore, the Articles did not provide for a national judiciary or executive branch. This meant that there was no system in place to interpret laws or enforce them. Additionally, the central government had no power to levy taxes, which made it difficult to fund necessary programs and services.

Incidents such as Shays' Rebellion further highlighted the weaknesses of the Articles of Confederation. In 1786, a group of farmers in Massachusetts, led by Daniel Shays, rebelled against the state government due to high taxes and economic hardships. The rebellion exposed the inability of the central government to maintain law and order, as it lacked the authority and resources to respond effectively.

The Philadelphia Convention in 1787

In response to the weaknesses of the Articles of Confederation, delegates from the states convened at the Philadelphia Convention in 1787 to draft a new constitution. The goal was to create a stronger central government that could effectively address the challenges facing the nation.

The delegates at the Philadelphia Convention were divided into two main groups: the Anti-Federalists and the Federalists. The Anti-Federalists were concerned about granting too much power to a central government, fearing it would infringe upon the rights of the states and individuals. On the other hand, the Federalists believed that a strong central government was necessary to maintain order and protect the interests of the nation as a whole.

The Great Compromise and Three-Fifths Compromise

During the convention, the delegates engaged in intense debates and negotiations to reach a consensus. One of the most significant compromises was the Great Compromise, also known as the Connecticut Compromise. It resolved the dispute between large and small states over representation in the legislative branch.

Under the Great Compromise, the Congress would consist of two houses: the Senate and the House of Representatives. Each state would have equal representation in the Senate, while representation in the House of Representatives would be based on the population of each state. This compromise balanced the interests of both large and small states, ensuring their participation in the legislative process.

Another crucial compromise was the Three-Fifths Compromise, which addressed the issue of counting enslaved individuals for representation and taxation purposes. It was agreed that enslaved individuals would be counted as three-fifths of a person for these purposes. While this compromise was deeply flawed and perpetuated the institution of slavery, it was a necessary compromise to secure the support of Southern states for the new constitution.

The Addition of a Bill of Rights

To address concerns about individual rights and limit the power of the central government, the delegates agreed to add a Bill of Rights to the new constitution. The Bill of Rights would protect fundamental freedoms such as freedom of speech, religion, and the right to a fair trial. It was a crucial inclusion that helped gain the support of those who were skeptical of a strong central government.

Ratification and Legacy

After months of deliberation and compromise, the delegates finally completed the drafting of the United States Constitution. However, the work was not done yet. The constitution needed to be ratified by the states in order to come into effect.

The process of ratification was not without its challenges. Both the Federalists and the Anti-Federalists campaigned vigorously to sway public opinion in their favor. Ultimately, the constitution was ratified by the necessary nine out of thirteen states, and it came into effect in 1789.

The writing of the Constitution marked a crucial turning point in American history. It established a stronger central government while still preserving the rights and autonomy of the states. The compromises made during the Philadelphia Convention laid the foundation for the political and legal system that continues to shape the United States today.