Constitutional
Convention
Most of the delegates at the CONSTITUTIONAL CONVENTION had
already risked being hanged as traitors by the British. No wonder that they
worried about their states' reactions to their decision to abandon the ARTICLES OF CONFEDERATION and
create a whole new document.
Persuading the states to accept the
Constitution was every bit as difficult as they predicted. It took two years
for all thirteen states to ratify it. But their product was a blueprint for a
new kind of government based on the principles of separation of powers, checks
and balances, and federalism.
Separation of
Powers
The CONSTITUTION provided for the
structure and powers of Congress in ARTICLE
I. It created a LEGISLATURE,
set qualifications for holding office in each house, and provided for methods
of selecting representatives and senators. It carefully enumerated powers, such
as regulating interstate commerce and declaring wars. ARTICLE II vested the power to execute laws in a president of the
United States. It set the president's term at four years, stated qualifications
for office, and provided a mechanism to remove him from office.
The constitutional powers are very
modest, but they include commander-in-chief of the armed forces, negotiator of
foreign treaties, and appointer of ambassadors, judges, and other
"officers of the United States." ARTICLE III established a Supreme Court and defines its
jurisdiction. The Founders disagreed on how much power to give the JUDGES, but they ultimately gave
judges appointments for life and forbid Congress to lower their salaries while
they hold office.
Checks and
Balances
The Founders were ever mindful of the
dangers of TYRANNICAL GOVERNMENT.
So they built a system in which the powers of each branch would be used to
check the powers of the other two branches. Additionally, each house of the
legislature could check one another. For example, both houses of CONGRESS must vote to enact laws, the
president can veto legislation, and the Supreme Court can rule laws
unconstitutional. Congress can override presidential vetoes. The president
nominates Supreme Court justices, but the Senate can refuse to confirm the
nominees. The Congress can impeach and remove the president or a member of the
Supreme Court. As a result, a "balance" was created among the three
branches.
Wide differences of opinion existed even
among the 55 delegates concerning the proper balance between liberty and order.
ALEXANDER HAMILTON, for example,
valued order more than liberty and supported the creation of a very strong
executive. James Madison, influenced by his mentor Thomas Jefferson, conceded
that an executive was necessary, but he saw the legislature as the preserver of
liberty and an important check on the power of the executive. George
Washington's experience as the head of the CONTINENTAL ARMY during the revolution convinced him that the
chaotic government needed more structure. Thomas Jefferson did not attend the
convention because he was serving as ambassador to France, but his belief that
"a little rebellion now and then" was a good thing tilted his balance
more toward liberty.
Federalism
ARTICLE IV
defined the relationship between the federal government and the states in a
system FEDERALISM, which divides
the power of government between national and state governments. This federal system
was meant to correct the chaos of the country during the Articles of
Confederation. However, it was still mindful of the threat of a tyrannical
central government. This article included mechanisms for admitting new states
to the Union
The relationship between national and
state governments was defined in many other parts of the Constitution. For
example, Article 1, Section 10 forbids the states to form alliances or enter
with foreign countries or to coin their own money. Federalism was further
defined in Article VI in which the constitution was declared "the Supreme
Law of the Land." This SUPREMACY
CLAUSE, as well as the "ELASTIC"
CLAUSE (Article I, Section 8) tilts the federalist balance toward
national law.
ARTICLE V
provides methods of amending the Constitution. Only 27 AMENDMENTS have been added to the constitution since the RATIFICATION in 1789.
The Founders acted boldly in 1787 when
they threw out the Articles of Confederation and created the Constitution. The
document they created has survived for more than 200 years. The risks that they
took resulted in the longest lasting written constitution in world history.
1. What is
the purpose of amending the Constitution and when is it appropriate? What other
means exist for reaching the goals of a proposed amendment?
2. In the
last several years, amendments permitting prayer in public schools, requiring a
balanced federal budget, limiting terms of members of Congress, and banning
flag burning have been advocated by various groups. Are these amendments
necessary? What impact might they have on government and/or on rights
guaranteed in other parts of the Constitution?
