American Constitution & It’s Main Features | History Optional for UPSC (Notes) PDF Download

The Articles of Confederation

• The Continental Congress approved the Articles of Confederation on November 15, 1777, marking the first constitution of the United States.
• The Articles laid down the initial framework for governing the 13 colonies united after the American Revolution, essentially forming the basis for the confederation of these new states.
• Drafted during a period of distrust towards a strong national government, the Articles established a loose alliance of independent states with a weak central authority.
• This arrangement ensured that most powers remained with the individual state governments, reflecting the contemporary apprehensions about centralized power.

Weaknesses in the Articles of Confederation

• Weak Central Government: The central government lacked the strength to establish a solid financial system, regulate trade, enforce treaties, or conduct military actions when necessary.
• Limited Power of Congress: The Continental Congress was given the power to make laws but lacked the authority to enforce them. This meant that states could ignore federal laws if they chose to.
• No National Court or Executive: Congress was the only branch of the national government. There was no national court to interpret laws and no executive branch to enforce them.
• Trade Issues with Britain: The newly independent states no longer received favorable treatment at British ports. The British refused to negotiate a commercial treaty in 1785 because the individual states could not agree to it.
• Lack of Direct Authority: Congress could not act directly on the states or individuals. It had no power to regulate foreign or interstate commerce.
• State Control: Each state had the authority to levy taxes and tariffs on other states, leading to potential conflicts and retaliation.
• Dispute Resolution: Congress could act as a mediator in state disputes, but states were not obligated to accept its decisions.
• Weakness in Foreign Affairs: The weak central government struggled to back its policies with military strength, which was embarrassing in international relations.
• The British did not withdraw their troops from the forts and trading posts in the Northwest Territory, as they had promised in the Treaty of Paris of 1783.
• British and Spanish officers supplied arms to Native American tribes, leading to attacks on American settlers.
• The Spanish denied western American farmers access to the port of New Orleans for shipping their produce.
• Congress sought revenues from each state, but none complied; Connecticut even refused to pay for two years.
• The Articles required supermajorities for amendments and important legislation, making it difficult to pass proposals.
• Congress's appeal for an amendment to tax for public debt was unsuccessful due to Rhode Island's refusal.
• Without taxes, the government couldn't pay its debts. States printed their own paper money, leading to unfair exchange rates.
• The Massachusetts legislature opposed paper money, imposing strict currency limits and high taxes.
• Veterans without cash lost their farms at tax auctions, triggering Shays' Rebellion against tax collectors and courts.
• The rebellion was suppressed, but nationalists like George Washington warned of potential unrest.
• The Articles of Confederation were too weak to manage the country, leading to the need for a stronger federal government and the Constitutional Convention in 1787.
• The Congress of the Confederation endorsed a revision plan on February 21, 1787, and the United States Constitution replaced the Articles on March 4, 1789.

Drafting of the American Constitution

• The Constitutional Convention, also known as the Philadelphia Convention, was called on February 21, 1787, due to dissatisfaction with the Articles of Confederation and the need for a stronger central government.
• After four months of secret discussions and numerous compromises, the delegates signed the United States Constitution on September 17, 1787, in Philadelphia, Pennsylvania. The document was then sent to the states for approval.
• The Constitution was eventually ratified, and the new federal government officially began in 1789. This Constitution laid the foundation for the U.S. government as it exists today.

Debates and Compromises

• The Virginia Plan was a proposal put forward by delegates from Virginia for a legislative branch with two houses (bicameral).
• It favored the interests of larger, more populous states.
• All powers from the Articles of Confederation were to be transferred to the new government.
• Congress would consist of two houses, with the House of Representatives apportioned by population. Congress would have the authority to enact laws affecting multiple states and to override a presidential veto.
• The President would be responsible for enforcing laws.
• The Supreme Court and lower courts would have the authority to rule on international law, U.S. law, and state law.
• The Constitution would be the supreme law, and all state officers would be required to swear to uphold it.

New Jersey Plan:

• The New Jersey Plan, also known as the Small State Plan, was designed to protect the interests of smaller, less populous states.
• This plan was a response to the Virginia Plan, as smaller states were concerned about the dominance of more populous states in a national government. The New Jersey Plan aimed to maintain equal representation for each state, similar to the Articles of Confederation.
• The New Jersey Plan was strictly federal, with authority deriving from the states, and it advocated for gradual changes to come from state initiatives.
• Although the Virginia Plan was ultimately adopted, some elements of the New Jersey Plan were incorporated into the Connecticut Compromise (Great Compromise of 1787). This compromise established a bicameral legislature with the U.S. House of Representatives apportioned by population (reflecting the Virginia Plan) and the Senate granting equal votes per state (reflecting the New Jersey Plan).

Hamilton's Plan:

• A lexander Hamilton, admiring the British government as the best in the world, proposed a plan featuring an executive with veto power, a Senate, and a legislature capable of passing "all laws whatsoever." Despite these ideas, he struggled to gain support.

Slavery in Debate:

• The issue of how to count slaves for taxation and representation sparked a division between the North and South.

The Three-Fifths Compromise (1787)

• Under this compromise, slaves would be counted as three-fifths of a person when determining the number of Representatives, Presidential electors, and the apportionment of taxes.
• Essentially, the formula was:1 slave = 3/5 of a man.

Great Compromise or Connecticut Compromise:

• The Great Compromise, also known as the Connecticut Compromise, was a pivotal agreement reached during the Constitutional Convention of 1787.
• This compromise aimed to balance the interests of both large and small states in the newly proposed legislative structure.
• It blended the Virginia Plan, favoring larger states with population-based representation, and the New Jersey Plan, which favored smaller states with equal representation.
• The compromise established a bicameral legislature consisting of two houses:
• House of Representatives: Representation based on state population, satisfying larger states.
• Senate: Equal representation with two senators from each state, satisfying smaller states.
• This compromise was crucial in shaping the United States Congress and ensuring that both population size and state sovereignty were considered in the legislative process.
• The Great Compromise played a significant role in the overall acceptance of the Constitution by addressing the concerns of both large and small states, fostering a sense of unity and fairness in the new government structure.

The Debate Between Federalists and Anti-Federalists:

•  The Federalists aimed to strengthen the central government by amending the Articles of Confederation, leading to the Constitutional Convention. 
•  They labeled their opponents as Anti-Federalists. 
•  The Anti-Federalists were a diverse group with varying concerns: 
•  Some believed a stronger government would undermine the sovereignty and authority of states, localities, and individuals. 
•  Others feared a new centralized power that resembled a monarchy, replacing British despotism with a different form of tyranny. 
•  There were also those who worried about personal liberties being threatened and the possibility of the President becoming a king. 
•  Prominent revolutionary figures like Patrick Henry and Thomas Jefferson publicly opposed the Constitution, fearing it would create an overly powerful national government. 
•  In several states, opposition to the Constitution was strong. 
•  In North Carolina and Rhode Island, ratification was delayed until the new government was effectively established, which pressured these states into compliance. 
•  Individualism was a significant aspect of the opposition. 
•  There was a widespread belief in the necessity or desirability of a Bill of Rights to protect individual liberties. 
• In Rhode Island, opposition to the Constitution was so intense that it nearly led to civil conflict on July 4, 1788. 
•  Anti-Federalist members marched into Providence with over 1,000 armed protesters, demonstrating the level of resistance. 
•  The Anti-Federalists were also strong during the ratification convention in Massachusetts. 
•  While five states had ratified the Constitution relatively easily, the Massachusetts convention was marked by bitter and contentious debate. 

The Massachusetts Compromise:

• After extensive debate, a compromise known as the “Massachusetts compromise” was reached. 
• Massachusetts would ratify the Constitution with the recommendation that it be amended to include a Bill of Rights. 
• Following the Massachusetts compromise, the state voted to ratify the Constitution on February 6, 1788. 
• Five additional states subsequently voted for ratification, with four of them following the Massachusetts model of recommending amendments alongside their ratification. 
• The Massachusetts compromise played a crucial role in garnering sufficient support for the Constitution. 
• It helped ensure ratification and paved the way for the adoption of the first ten amendments, known as the Bill of Rights. 

Main Features of the US Constitution

• Written Constitution: The US Constitution is a written document that was created during the Philadelphia Convention in 1789. It comprises seven articles.
• Brief Constitution: The US Constitution is one of the shortest constitutions in the world. It contains seven articles with a total of fewer than seven thousand words.
• Rigid Constitution: The American Constitution is considered rigid because the process for amending it is quite complex. Amendments require a proposal by a two-thirds majority in Congress or by state legislatures, followed by ratification by three-fourths of the states. There have been only twenty-six amendments in over two hundred years.
• Sovereignty of the People: The Constitution emphasizes the sovereignty of the people right from the beginning, stating, "We the People of the United States establish this Constitution for the USA."
• Federalism: The Constitution establishes a federal system of government where powers are divided between the central authority and the states. In case of conflict, central powers prevail.
• Separation of Powers: The Constitution is based on the principle of separation of powers among the three branches of government: Executive, Legislative, and Judicial. Each branch operates independently without interfering in the others' affairs.
• Checks and Balances: There is a system of checks and balances where each branch of government has the authority to monitor and limit the actions of the others. For example, the Executive checks the Judiciary and Legislature, while the Judiciary checks the Legislature and Executive, and vice versa.
• Bicameralism: Article One of the Constitution describes Congress, which is the legislative branch of the federal government. Congress consists of a Senate and a House of Representatives. Each state has two Senators, while the number of Representatives from each state is based on its population.
• Executive Branch: Article Two outlines the office of the President of the United States, who is the head of the executive branch, as well as the head of state and government. This article also establishes the office of the Vice President, who, along with the President, is elected for a four-year term.
• Dual Citizenship: The Constitution provides for dual citizenship, where individuals are citizens of both the United States and their respective states.
• Independence of the Judiciary: The judiciary is independent and not subject to the authority of any other branch of government.

Bill of Rights: The Bill of Rights refers to the first ten amendments to the United States Constitution. These amendments guarantee various personal freedoms, limit the government's power in judicial and other matters, and reserve certain powers for the states and the public. 

• First Amendment: Protects rights such as freedom of speech, press, assembly, and religion. It also prevents the government from establishing or favoring a religion. 
• Second Amendment: Safeguards the right to keep and bear arms. 
• Third Amendment: Prohibits the government from forcing homeowners to house soldiers in their homes without consent. 
• Fourth Amendment: Protects against unreasonable searches and seizures of individuals and their property. 
• Fifth Amendment: Provides protections for individuals accused of crimes, including protection against double jeopardy, self-incrimination, and ensures due process of law. 
• Sixth Amendment: Guarantees rights to individuals accused of crimes, such as the right to a speedy and public trial, an impartial jury, and being informed of charges. 
• Seventh Amendment: Extends the right to a jury trial in federal civil cases. 
• Eighth Amendment: Prohibits excessive bail and fines, as well as cruel and unusual punishments. 
• Ninth Amendment: Clarifies that the enumeration of specific rights in the Constitution does not mean that people do not have other rights not explicitly listed. 
• Tenth Amendment: States that the federal government only has powers delegated to it by the Constitution. Powers not listed belong to the states. 

American Constitution as an Economic Document

Arguments in Favor of the Constitution as an Economic Document:

• Personal Financial Interests: Beard argues that the structure of the Constitution was driven by the personal financial interests of the Founding Fathers. He believes that they wanted to protect their own wealth and property, especially their bonds.
• Property Rights: The Constitution prioritized fundamental rights to property over the power of government. This emphasis on property rights reflected the economic interests of the framers.
• Cohesive Elite: The Constitutional Convention was attended by a cohesive elite seeking to protect its personal property and economic standing. Beard argues that the occupations and property holdings of the convention members influenced the Constitution's provisions.
• Historical Evidence: Beard cites tax and census records, news accounts, and biographical sources to show how convention members stood to benefit from various Constitutional provisions. For example, George Washington's wealth and his role in funding the Revolution influenced the Constitution's focus on debt repayment.
• Opponents of the Constitution: Beard suggests that those who opposed the Constitution were either patriots unwilling to change or people lacking an understanding of economics. He argues that the uneducated and poor class did not grasp the Constitution's significance.
• Counter-Revolution: Beard views the Constitution as a counter-revolution set up by rich bondholders in opposition to farmers and planters. He believes it aimed to reverse the democratic tendencies unleashed by the Revolution among common people, particularly farmers and debtors.

Criticism of Beard's View

• Revisionist Historians: Starting in the 1950s, revisionist historians argued that Beard's interpretation was factually incorrect.
• Forrest McDonald: McDonald contended that Beard misunderstood the economic interests involved in writing the Constitution. He argued that there were not just two conflicting interests (landed and mercantile) but numerous identifiable interests at play during the Constitution's creation.

Justification of Economic Clauses in the Constitution:

• Need for Taxation and Borrowing Powers: The lack of taxation and borrowing powers during the Revolutionary War nearly led to its failure. Therefore, the writers of the Constitution established Congress' powers to tax and borrow.
• Basis for a Sound Economy: Large portions of the Constitution were designed to create the foundation for a strong economy, which was essential for building a robust nation. It aimed to unify the states into a cohesive nation.
• Balancing Economic Benefits and Costs: The Founders recognized both the potential economic benefits and costs of government actions. They aimed to design a document that would enhance benefits and reduce costs.

Non-Economic Aspects of the Constitution:

• Bill of Rights: The Constitution included important non-economic clauses, such as the Bill of Rights, which protected individual liberties.
• Property Qualifications for Voting: The Constitution did not impose property qualifications for voting, although individual states established such requirements.
• Property Requirement to Hold Office: There was no property requirement to hold office under the Constitution, although many states had their own requirements.

Conclusion: While Beard argued that the Constitution was primarily an economic document driven by the interests of the Founding Fathers, later historians challenged this view and highlighted the complexity of interests involved in its creation. The Constitution aimed to balance economic considerations with fundamental rights and principles, making it a document of significant historical and political importance.