State and Federal Constitutions

🫡State and Federal Constitutions Unit 3 – Articles of Confederation & Constitution

The Articles of Confederation and Constitution marked pivotal moments in early American governance. The Articles established a weak central government, while the Constitution created a stronger federal system with checks and balances. Key figures like Madison and Hamilton shaped these documents, influenced by Enlightenment thinkers. The Constitution addressed the Articles' shortcomings, balancing state and federal powers while protecting individual rights through the Bill of Rights.

Historical Context

  • American Revolution (1765-1783) led to the need for a new form of government for the newly independent colonies
  • Declaration of Independence (1776) asserted the colonies' right to self-governance and separation from British rule
  • Revolutionary War ended with the Treaty of Paris (1783), officially recognizing the United States as an independent nation
  • Challenges faced by the new nation included establishing a stable government, managing war debts, and maintaining unity among the states
  • Inadequacies of the Articles of Confederation, the nation's first governing document, became apparent in the post-war period
    • Weak central government lacked the power to effectively address national issues
    • Economic instability and interstate disputes highlighted the need for a stronger federal system

Key Players and Influences

  • Founding Fathers played crucial roles in shaping the Articles of Confederation and the Constitution
    • James Madison, often called the "Father of the Constitution," was a key figure in drafting the document
    • Alexander Hamilton advocated for a strong central government and played a significant role in the ratification process
  • Philosophers and political thinkers, such as John Locke and Baron de Montesquieu, influenced the Founders' ideas about government
    • Locke's concept of natural rights and the social contract theory shaped the Declaration of Independence and the Constitution
    • Montesquieu's ideas about the separation of powers and checks and balances influenced the structure of the federal government
  • Federalists, led by Hamilton and Madison, supported a strong central government and the Constitution
  • Anti-Federalists, such as Patrick Henry and George Mason, opposed the Constitution, fearing it would lead to a tyrannical central government
  • The Federalist Papers, a series of essays written by Hamilton, Madison, and John Jay, played a crucial role in the ratification debate

Articles of Confederation: Structure and Weaknesses

  • The Articles of Confederation, adopted in 1777 and ratified in 1781, served as the first constitution of the United States
  • Established a loose confederation of sovereign states with a weak central government
    • The national government consisted of a single legislative body, the Congress of the Confederation
    • No executive or judicial branches were established
  • Major weaknesses of the Articles included:
    • Inability to levy taxes or regulate commerce, relying on voluntary contributions from the states
    • Lack of a national currency or the power to coin money
    • No power to raise a national army, relying on state militias
    • Amendments required unanimous consent of all states, making changes difficult
  • Shays' Rebellion (1786-1787), an armed uprising in Massachusetts, highlighted the government's inability to maintain order and stability

Constitutional Convention: Debates and Compromises

  • The Constitutional Convention, held in Philadelphia from May to September 1787, aimed to revise the Articles of Confederation
  • Delegates, including James Madison, Alexander Hamilton, and Benjamin Franklin, ultimately decided to create a new constitution
  • Major debates and compromises at the Convention included:
    • The Virginia Plan, proposed by Madison, called for a strong central government with representation based on population
    • The New Jersey Plan, favored by smaller states, sought to maintain the structure of the Articles with equal representation for each state
    • The Great Compromise (Connecticut Compromise) established a bicameral legislature with proportional representation in the House and equal representation in the Senate
    • The Three-Fifths Compromise addressed the issue of slave representation, counting three-fifths of the slave population for determining representation and taxation
  • Delegates also debated the powers of the executive branch, the role of the judiciary, and the balance between state and federal authority

The Constitution: Structure and Principles

  • The U.S. Constitution, ratified in 1788, established a federal system of government with a stronger central government than under the Articles
  • The Constitution is organized into seven articles, outlining the structure and powers of the federal government
    • Article I establishes the legislative branch (Congress) and its powers
    • Article II creates the executive branch (the President) and defines its authority
    • Article III establishes the judicial branch (the Supreme Court and lower federal courts)
  • The Constitution incorporates key principles, such as:
    • Separation of powers: dividing the government into three distinct branches (legislative, executive, and judicial) to prevent the concentration of power
    • Checks and balances: each branch has the ability to limit the powers of the other branches, ensuring a balance of power
    • Federalism: dividing power between the federal government and the states, with the Constitution as the supreme law of the land
    • Individual rights: the Bill of Rights (first ten amendments) guarantees specific freedoms and protections for citizens
  • The amendment process, outlined in Article V, allows for changes to the Constitution to adapt to changing times and needs

Ratification Process and Debates

  • The Constitution required ratification by nine out of the thirteen states to be enacted
  • Federalists, who supported the Constitution, argued that a strong central government was necessary for the nation's stability and prosperity
    • The Federalist Papers, written by Hamilton, Madison, and Jay, made a compelling case for ratification
    • Federalists believed that the Constitution provided sufficient checks and balances to prevent tyranny
  • Anti-Federalists opposed the Constitution, fearing that it would lead to a powerful and oppressive central government
    • They argued that the Constitution lacked sufficient protections for individual rights and state sovereignty
    • Anti-Federalists pushed for the inclusion of a Bill of Rights to safeguard individual liberties
  • The ratification process sparked intense debates in state conventions, with close votes in several key states (Massachusetts, Virginia, New York)
  • Ultimately, the Constitution was ratified by all thirteen states, with Rhode Island being the last to ratify in 1790

Comparison: Articles vs. Constitution

  • The Articles of Confederation and the Constitution represented different approaches to governance in the early United States
  • Key differences between the two documents include:
    • Central government: the Articles created a weak central government, while the Constitution established a stronger federal government with more powers
    • Branches of government: the Articles had only a legislative branch, while the Constitution created three separate branches (legislative, executive, judicial)
    • Taxation and commerce: the Articles did not give the central government the power to tax or regulate commerce, while the Constitution granted these powers to Congress
    • Amendment process: the Articles required unanimous consent of all states for amendments, while the Constitution requires a two-thirds majority in both houses of Congress and ratification by three-fourths of the states
  • The Constitution addressed many of the weaknesses of the Articles, creating a more effective and stable system of government
    • The Constitution's balance of power, checks and balances, and federalism provided a foundation for the nation's growth and development

Legacy and Modern Relevance

  • The Constitution has served as the supreme law of the United States for over 230 years, guiding the nation through significant challenges and changes
  • The Constitution's adaptability, through the amendment process, has allowed it to remain relevant and responsive to the needs of a growing nation
    • 27 amendments have been ratified since the Constitution's adoption, addressing issues such as civil rights, voting rights, and presidential succession
  • The Constitution's principles, such as separation of powers and federalism, continue to shape American politics and government
    • Debates over the proper balance between federal and state power, as well as the scope of individual rights, often reference the Constitution and its interpretation
  • The U.S. Constitution has influenced the constitutions of other nations, serving as a model for democratic governance and the protection of individual rights
  • Ongoing debates about constitutional interpretation, such as originalism vs. living constitutionalism, reflect the document's enduring significance in American legal and political discourse


© 2024 Fiveable Inc. All rights reserved.
AP® and SAT® are trademarks registered by the College Board, which is not affiliated with, and does not endorse this website.

© 2024 Fiveable Inc. All rights reserved.
AP® and SAT® are trademarks registered by the College Board, which is not affiliated with, and does not endorse this website.