The U.S. Constitution – Part One

We the people of the United States, in order to form a more perfect Union, establish justice, insure domestic tranquility, provide for the common defense, promote the general welfare, and secure the blessings of liberty to ourselves and our posterity, do ordain and establish this Constitution for the United States of America.”

You will recognize this as the preamble to the document our country has regarded as its guiding light for over 235 years. Today’s article and those that follow in this series will explore how this document-the U.S. Constitution-came to exist.

In January, 1784, the Treaty of Paris was ratified by the Continental Congress, officially ending the Revolutionary War. At that time, the U.S. government was operating under the Articles of Confederation. The Articles, ratified during the war, gave Congress the power to direct the war, conduct foreign affairs with Europe, and deal with territorial issues. Under the Articles, Congress was the sole authority of the loose confederation of thirteen states, each of which essentially operated as an independent country. There was no federal executive branch to enforce laws nor a judicial branch to interpret laws. Congress was virtually powerless to back its policies with any degree of military prowess.

The states, meanwhile, seemed to be headed toward economic disaster. Taxes from the individual states were very unevenly paid-some paid some, some paid none, but no state paid all its taxes. Half the states printed their own paper money, backed by gold, land, or by nothing, so there was no fair exchange rate between states. Inflation was rampant. Small farmers, caught in a depressed economy, were being jailed, unable to pay their debts, while their property was being confiscated and sold for taxes, creating widespread unrest.

It was becoming glaringly evident that a stronger government was needed to bring stability. George Washington warned that “there are combustibles in every state which a spark might set fire to.” The Founders’ dreams for a “respectable nation” seemed to be fading.

But help was on the way. At the urging of James Madison and Edmund Randolph, on February 21, 1787, the Articles of Congress called for a convention of state delegates to propose a plan of government. Unlike earlier failed attempts such as the Annapolis Convention of 1786, this convention was for the “sole and express purpose of revising the Articles of Confederation” and intended to “render the federal constitution adequate to the exigencies of government and the preservation of the Union.”

On May 25, 1787, the Constitutional Convention got underway inside Philadelphia’s Independence Hall, where only eleven years earlier, the Declaration of Independence had been signed. Fifty-five delegates were now present, representing twelve of the thirteen states (Rhode Island was the only holdout). George Washington was unanimously selected as president of the convention. The delegates, mostly in their thirties and forties, were well-educated lawyers, bankers, merchants, and farmers. Benjamin Franklin, at the age of 81, was the oldest delegate.

Several well-known statesmen were not in attendance. Thomas Jefferson and John Adams were serving as U.S. ambassadors in Europe. John Jay, Samuel Adams, and John Hancock were not present. Patrick Henry refused to attend, declaring that he “smelt a rat” that would jeopardize the rights of the states.

Interestingly, James Madison was only twenty-six years old at the time. Years earlier, Thomas Jefferson had sent him books on various systems of government, which he had studied in great detail. Based on his extensive research, Madison authored the Virginia Plan, which was offered at the beginning of the convention and became the template which eventually led to the formation of the Constitution. He is rightly considered the “Father of the Constitution” and the chief advocate of the Bill of Rights.

With guards at the doors and windows to bar the press and public and keep their “secrets from flying out,” the delegates began deliberations. A vote was taken to keep the debates secret so that every delegate was able to speak freely and, if appropriate, to change his opinion. The daunting task before them was to strengthen the national government while also limiting its power. Little did the participants know that it would take over four exhausting months to laboriously work out the details of compromises which would establish an extraordinary system of government flexible enough to withstand over two centuries of change.

Next: More debate on the Constitution and its ratification.

Tim Lewis may be reached at timlewis1@windstream.net.

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