Summary
Highlights
Following the ineffective federal government under the Articles of Confederation, exemplified by Shay's Rebellion, 55 delegates met in Philadelphia in 1787 for the Constitutional Convention. Initially, most aimed to revise the Articles, but a strong minority persuaded them to draft an entirely new constitution to strengthen the federal government without creating tyranny.
To prevent federal tyranny, the new government was designed with a separation of powers into three branches: the legislative (Congress) to create laws, the executive (President) to enforce laws, and the judicial (Supreme Court) to interpret laws' constitutionality.
Each branch was given powers to check and balance the others, ensuring no single branch became too powerful. Examples include the President's veto power, Congress's ability to approve appointments, and the Supreme Court's power of judicial review (though established later).
Federalism established a system where power is shared between the federal and state governments. Powers not explicitly granted to the federal government were reserved for the states (10th Amendment). Some powers, like taxation, are concurrent, shared by both.
A major debate concerned representation in Congress. The Virginia Plan proposed proportional representation based on population, favoring larger states. The New Jersey Plan advocated for equal representation for all states. The Great Compromise (Connecticut Compromise) created a bicameral legislature: the House of Representatives with population-based representation and the Senate with equal representation (two senators per state), initially elected by state legislatures.
The method of electing the president was also debated. The Electoral College was established, where each state chooses electors corresponding to its total number of congressional representatives, and these electors then vote for the president.
Two compromises addressed slavery: The Three-Fifths Compromise allowed 3/5 of the enslaved population to count towards a state's representation in the House. Additionally, Congress agreed not to prohibit the international slave trade for 20 years after ratification, after which it would be abolished.
For the Constitution to replace the Articles, nine out of thirteen states needed to ratify it. This led to a fierce debate between Federalists and Anti-Federalists. Federalists, like Hamilton, Jay, and Madison (authors of The Federalist Papers), argued for a strong federal government for the nation's survival and prosperity, believing diverse interests would prevent tyranny.
Anti-Federalists feared a strong central government would revert to tyranny and couldn't effectively serve diverse regions. Their primary concern was the absence of a Bill of Rights to explicitly protect individual liberties. While Federalists initially argued it was unnecessary, they ultimately promised to add one to secure ratification.
By June 1788, enough states ratified the Constitution, making it the law of the land. This was achieved largely due to the Federalists' promise to include a Bill of Rights, which addressed Anti-Federalist fears and secured the adoption of the new federal government.