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The Constitution of the United States of America (1787)

March 2012

The Constitution of the United States is a legal text adopted by the Constitutional Convention in Philadelphia, Pennsylvania, on September 17, 1787. It is the supreme law of the United States of America, establishing the form of national government and defining the rights and liberties of the American people. It is the oldest charter of supreme law in continuous use and a great influence in the establishment of other national constitutions around the world. After obtaining independence from Great Britain (War of Independence or Revolutionary War, 1775-1783), the States had to face the same problems than any other country in times of peace. They needed to impose law and order, levy taxes and pay a huge debt. Before the war ended, the colonies had ratified the Articles of Confederation (1781), which provided a common framework for the union, but an extremely weak and fragile one. There were no national military forces, no common currency, no national taxes system and no centralized control over foreign policy. There was a need for a strong national government under a new constitution. Thus, Alexander Hamilton organized a Constitutional Convention in Philadelphia to revise the Articles of Confederation. The 55 delegates that gathered in May 1787 were experienced in colonial and state government, including some of the most notable Americans at the time. George Washington, highly respected for his leading role during the war, presided over the Convention. Benjamin Franklin, Alexander Hamilton, James Madison and Gouverneur Morris were some of the most remarkable men who participated in the meeting. Other important personalities of the time did not attend, like John Adams and Thomas Jefferson, who were representing their nation as ambassadors in London and Paris, respectively. The task was not easy, since there were many details that proved difficult to reach consensus. The topics that raised greater discussion were those related to the strength national government versus the preservation of the state authority, the proportion of the representation of each state or slavery. The draft Constitution needed four months of deliberation to be signed by the majority of the delegates on September 17, 1787, and it was agreed that it would become law when nine of the thirteen states had ratified it. This happened on June 21, 1787, with the ratification of New Hampshire, but a powerful opposition to the Constitution was being organized in some important states such as New York and Virginia, endangering its general acceptance. They were called Anti-federalists, opposed to the Federalists, who supported the ratification. The Anti-federalists objected that a Bill of Rights had not been included and feared that the authority of the national government could be excessive. These groups would eventually give birth to the first American political parties. It is likely that some important states would have never ratified the Constitution if the Federalists had not committed to include the rights of the individuals. James Madison led the new Congress to propose the amendments and on December 15, 1791, ten of them became a part of the Constitution as the Bill of

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The Constitution of the United States of America (1787)

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Rights. Other 17 amendments have been included during the following years, the last one ratified 202 years later. The Constitution begins with a Preamble, an introduction where the Founding Fathers expressed what their intentions were regarding the text: to form a more perfect Union, establish Justice, insure domestic Tranquility, provide for the common defence, promote the general Welfare, and secure the Blessings of Liberty to ourselves and our Posterity. It is important to note that the Preamble begins with the words We the People of the United States. The nation had just won independence from Great Britain, mainly because they deemed that they were being treated tyrannically and unfairly. The People of the United States were willing to create their own rules, for themselves and by themselves. The first three articles refer to the structure of the National Government and the separation of powers in three different branches, which intended to prevent any of them from becoming too powerful. The legislative branch resides in the Congress, formed by two houses: the House of Representatives and the Senate. The reason for the bicameral nature of the Congress was one of the compromises that were necessary to reach an agreement when the Constitution was discussed. Each house responds to the interests either of bigger states (wanting to be represented proportionally) or smaller states (demanding equal representation for all). Their task is To make all laws which shall be necessary and proper for carrying into execution the foregoing Powers (Article I, Section 8) The executive power is vested in a President for a term of four years. The President must take an oath to preserve and defend the Constitution. It is noticeable the influence of the precedent English Bill of Rights (1689), in which for the first time a contract is established between the nation and its ruler, obliged to respect a legal framework. The judicial branch sets an independent court system, based on the Supreme Court and other lower courts. It was important to guarantee the independence of the judges to avoid any kind of political influence. The fourth article regulates the relationship of the states among themselves and with the federation. This point turned out to be crucial in that moment, when the new nation was being structured and there were tensions for matters such as the territory or commercial exchanges. The Constitution requires the mutual respect of the laws, the protocols and the judicial decisions of different states. The fourth article also lays down the basis for the creation or addition of new states or the freedom of movement of citizens. The fifth article provides for amending the Constitution, which can be proposed when two thirds of both Houses shall deem it necessary and shall be valid to all Intents and Purposes, as part of this Constitution, when ratified by the Legislatures of three fourths of the several States, or by Conventions in three

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The Constitution of the United States of America (1787)

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fourths thereof, as the one or the other Mode of Ratification may be proposed by the Congress The sixth article contains a key part of the Constitution, known as the supremacy clause: This Constitution () shall be the supreme Law of the Land; and the Judges in every State shall be bound thereby, any Thing in the Constitution or Laws of any State to the Contrary notwithstanding . This clause guarantees the union of the states, since it states that state laws are subject to national laws. The seventh article is the last one of the original text and it establishes that the Constitution would become law when ratified by nine of the thirteen states. It also includes the names of the deputies who signed it. A total of 27 amendments have been approved since 1791, when the first 10 became the Bill of Rights. One of the claims of the anti-federalists was attended by declaring some important civil rights. The first amendment is a solid assertion of liberty and has shaped the core essence of the American personality, the quest for freedom and the unquestionable defense of individualism: Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble(). The nation had been born with thousands of people who had arrived from Europe, many of them escaping from religious persecution and there was a strong will to build a free country. The second amendment talks about the right to bear arms. Nowadays, this is a real matter of discussion and a very controversial topic, especially outside the United States. In fact, the Constitution says that the right of the people to keep and bear Arms, shall not be infringed and many interpret that it only refers to the right of the states to have their own Militia. Amendments four to eight refer to the judicial rights of the individuals and intend to avoid outrage, abuse and arbitrary behaviour from the authorities. It was an important topic in order to create a trustworthy system to serve the individuals. The right to have a just trial (Amendment VI: the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State) or the prohibition of cruel and unusual punishments (Amendment VIII) set the basis for a modern judiciary system. It is appropriate to mention again the analogy with the English Bill of Rights (1689), in which the Parliament denounced the illegal and cruel punishments inflicted by the absolute monarchy. During the following decades other 17 Amendments have been proposed and ratified. Some referred to mere electoral procedures, such as the election of the President and Vice-President (Amendment XII, 1804) or Senators (Amendment XVII, 1913), but there were still others that regulated crucial aspects of civil rights. Slavery, that was a matter of discussion during the Constitutional Convention of Philadelphia could finally be abolished through Amendment XVIII in 1865. Amendmen XV established in 1870 that The right of citizens of the

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The Constitution of the United States of America (1787)

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United States to vote shall not be denied or abridged by the United States or by any State on account of race, color, or previous condition of servitude . Women would have to wait until 1920 when Amendment XIX prohibited to deny the right of suffrage on account of sex. The Constitution was written, according to James Madisons own words, with the aim to last a long time. It was planned to serve the interests of the American people and it has been interpreted under the perspective of the changing needs of the nation. We should note that it actually served the interests of white male landowners and that the extension of the rights to other social spheres needed to wait for latter amendments. The original flaws can be understood because of the historical moment in which it was written and great efforts have been made in order to adapt the text to the new times. Nowadays, many Americans complain about their government system, but there seems to be a general consensus about the Constitution and it is clear that Madison achieved his goal: the text the Founding Fathers wrote is currently in force and has had a wide influence worldwide.