The US Constitutions Foundation History

Table of Contents

Introduction
Comparison
Drafting Process
Federalists vs. Anti-Federalists
Conclusion
References

Introduction

In the years following American independence, the country had to undergo a complex process of forming a republic. The inherent nature of democracy, as it is known today, was challenged as the Founding Fathers explored various possibilities for creating the law of the land. Eventually, these substantial differences led to a divide that resulted in two distinct political parties with distinct ideologies. The document known as the Constitution was arrived at after much trial and error with the Articles of Confederation and public debate afterward. The fundamentals of American politics, which are based on the Constitution, were established through an intricate process of negotiation and compromise that serve as principles of modern Democracy.

Comparison

The Articles of Confederation officially became a government document in 1781. The document kept the federal government weak and greatly empowered the states and their sovereignty. It was a direct contrast to the oppressive rule of the British monarch and reflected the public opinion that centralized power would lead to abuse that the states had already experienced. In 1787, after much debate amongst states and representatives, the U.S. Constitution became the primary governing document of the United States (Office of the Historian, 2017).

There were significant differences between the Articles of Confederation and the Constitution. The Articles exemplified political uncertainty since there was no leading figure or any structure of a traditional federal government, rendering it ineffective to fulfill essential governing functions or obligations. The federal government could not impose taxes or control commerce, leading to economic degradation and accumulating national debts. There was no judicial branch on a federal level that could protect rights or rule on the national law. A unicameral legislative body was formed called the Confederation Congress, but it was limited in practice all of its actions and gave only one vote to each state representation. The Constitution guaranteed a bicameral type of legislation. The House of Representatives ensured population-based representation. The Senate gave two votes to each state representative (The Library of Congress, 2017).

Under the Articles of Confederation, the federal government could not deal with various national security issues. Border protection was critical at a time when the country was weak. The Spanish were threatening invasion from Florida while the remnants of British forces were gathering in the North. However, Western territories were creating the most issues. States were attempting to claim land for their possession, while Congress wanted to secure property ownership rights and conduct sales as a means to raise income. Native American tribes, sponsored by foreign powers, created barriers to expansion and engaged in conflicts which the country could not afford. The Constitution sought to address domestic and foreign threats by forming a central authority with the ability to conduct diplomacy or strategic military operations through the use of specifically designated agencies. Federal courts were created as a balance to keep the executive branch in check and guarantee state and citizen rights (Ablavsky, 2014). The original Constitution document was incomplete and, as the Founding Fathers predicted, showed many legal shortcomings. It failed at solving some critical issues of economics, slavery, and other political challenges over the centuries. However, it was designed with the purpose to be amended in order to become a fluid document which would be changing with time, based on social realities.

Drafting Process

The Philadelphia Constitutional Convention was the first of many meetings to write the new Constitution. There was still extensive debate and uncertainty about how to create an effective government. Public opinion was not considered as only wealthy legislators participated in the process. Western territories were not represented adequately. Therefore, the drafting process itself became trivial from the beginning. Representation in Congress remained perhaps the central issue to the debate. James Madison outlined the Virginia Plan, which suggested creating the branches of government and a bicameral Congress that used population as the basis for the number of representatives. Meanwhile, William Paterson proposed the New Jersey Plan, which would keep Congress in its current format, give it more powers, and equal representation from all states. Guided by Robert Sherman of Connecticut, a compromise was reached. For the most part, the Virginia Plan was used to establish the structure of the federal government, including a bicameral Congress. However, the Senate offered all states equal representation. This became the Connecticut Great Compromise and Article Five of the Constitution, which ensured that the representation in Senate would remain equal under any circumstance (US Senate, 2017).

Slavery was a widely debated topic between the states during the drafting process. The Articles, as with most factors, left such regulation to state governments. Agrarian-based economies of Southern states forced them to perpetuate slavery while also including them as part of the population in order to inflate Congress representation (despite slaves having no voice in any decision-making). A majority of Northern states opposed slavery and created legislative barriers to their trade or import. Additionally, the smaller size of Northern states meant significantly more representation based on population, and they sought to politically undermine Southern states, which had a radically different ideology. Eventually, an agreement was reached known as the Three-Fifths Compromise. It allowed states to mark each slave as 3/5ths of a citizen during a census. The North saw slavery as a failed institution, therefore willing to have the South any demands to ratify the Constitution (Constitutional Rights Foundation, 2017).

Federalists vs. Anti-Federalists

Two distinct political groups emerged during the ratification process. The Federalists supported the new document and a stable central government. Meanwhile, the Anti-Federalists continued to fear the abuse of central power by the newly established branches. They wanted to delegate more control to the states in order to preserve sovereignty and protect private citizens who would be taken away by unfair representation and inadequate system of taxation (Anti-Federalists, 2014).

James Madison and Alexander Hamilton publicly released The Federalist Papers which argued for the benefits of central government. In essay 10 of the publication, Madison argued that the weak federal control under the Articles as well as the presence of factionalism was detrimental to the country. Meanwhile, in another essay, Hamilton established precedents for the constitutional law by introducing judicial review and a competently developed network of federal courts. John Hancock which led the Massachusetts Ratification Convention of 1788 led the sides to a compromise. The Bill of Rights would be introduced as the first amendments to the Constitution, protecting various citizen rights which worried the Anti-Federalists. States could undertake further action to protect their sovereignty or challenge legal authority of the federal government (Constitution of the United States Federalists versus Anti-federalists government, Madison, national, and papers, n.d.).

Conclusion

It is evident that the Constitution was formed through many political challenges and compromises. However, it stands as the foundation and governing document of the United States democratic republic. The document is still widely debated and continues to evolve as does our society. These lessons can be used to determine the best path forward for cooperation in the complex political climate of modern times.