American Constitution & Its Main Features
The U.S. Constitution did not emerge in a vacuum — it was drafted precisely because the young nation’s first governing document, the Articles of Confederation, proved too weak to hold the states together. This article traces that failure, the debates and compromises that produced the Constitution at Philadelphia, its main structural features, and the long-running historical debate over whether it was, at bottom, an economic document — a key theme in the UPSC History Optional syllabus on the American constitutional experiment.
The Articles of Confederation
- The Continental Congress adopted the Articles of Confederation, the first constitution of the United States, on 15 November 1777.
- The Articles established the first governmental structure unifying the 13 colonies that had fought in the American Revolution, effectively creating the structure for the confederation of these newly formed 13 states.
- Written at a time when Americans feared strong national government, the Articles created a loose confederation of sovereign states and a weak central government, leaving most power with the state governments.
Weaknesses in the Articles of Confederation
- The confederation’s central government was not strong enough to establish a sound financial system, regulate trade, enforce treaties, or go to war when needed.
- The lack of power given to the Continental Congress strangled the federal government: the Articles gave Congress the power to pass laws, but no power to enforce them — if a state did not support a federal law, it could simply ignore it.
- Congress was the sole organ of the national government, with no national court to interpret law, nor an executive branch to enforce it.
- These newly independent states, having separated from Britain, no longer received favoured treatment at British ports; the British refused to negotiate a commercial treaty in 1785, since the individual American states would not be bound by it.
- Congress could not act directly upon the states, nor upon individuals, and had no authority to regulate foreign or interstate commerce.
- Every act of government was left to the individual states — each levied taxes and tariffs on other states at will, inviting retaliation.
- Congress could vote itself mediator and judge in state disputes, but states did not have to accept its decisions.
- The weak central government could not back its policies with military strength, embarrassing it in foreign affairs.
- The British refused to withdraw their troops from the forts and trading posts in the new nation’s Northwest Territory, as they had agreed to do under the Treaty of Paris of 1783.
- British officers on the northern boundaries, and Spanish officers to the south, supplied arms to Native American tribes, allowing them to attack American settlers.
- The Spanish refused to allow western American farmers to use their port of New Orleans to ship produce.
- Revenues were requisitioned by Congressional petition to each state, but none paid what they were asked — Connecticut declared it would not pay at all for two years.
- The Articles required super-majorities: amendment proposals required ratification by all thirteen states, while important legislation needed 70% approval (at least nine states). Repeatedly, one or two states defeated legislative proposals of major importance.
- Congress appealed to the thirteen states for an amendment allowing it to tax enough to pay the public debt — twelve states agreed, but Rhode Island did not, so the proposal failed.
- Without taxes, the government could not pay its debts. Seven of the thirteen states printed large quantities of their own paper money — backed by gold, land, or nothing at all — so there was no fair exchange rate among them.
- Massachusetts was one of the five states against paper money, imposing a tightly limited currency and high taxes instead. Without paper money, veterans without cash lost their farms at sheriff’s auctions for unpaid taxes.
- This triggered Shays’ Rebellion, aimed at stopping tax collectors and closing the courts until proceedings were dropped. Troops quickly suppressed the rebellion, but nationalists like George Washington warned: “There are combustibles in every state which a spark might set fire to.”
- Hence, the Articles of Confederation proved too weak to manage the affairs of the United States, and the remedy lay in the ratification of a new Constitution.
- The need for a stronger federal government eventually led to the Constitutional Convention (Philadelphia Convention) in 1787.
- The Congress of the Confederation endorsed a plan to revise the Articles on 21 February 1787.
- The present United States Constitution replaced the Articles of Confederation on 4 March 1789.
Drafting of the American Constitution
- The Constitutional Convention (Philadelphia Convention) was convened on 21 February 1787, in response to dissatisfaction with the Articles of Confederation and the need for a strong centralised government.
- After four months of secret debate and many compromises, members of the Convention signed the United States Constitution on 17 September 1787, in Philadelphia, Pennsylvania, and submitted it to the states for approval.
- The Constitution was eventually ratified, and the new federal government came into existence in 1789 — establishing the U.S. government essentially as it exists today.
Debates and Compromises
The Virginia Plan
- Proposed by Virginia delegates, this plan favoured a bicameral legislative branch, weighted toward the interests of the larger, more populous states.
- All powers under the Articles were to be transferred to the new government. Congress would have two houses, with the “House” apportioned by population; it could enact laws affecting more than one state, and Congress could override a veto.
- The President could enforce the law, and the Supreme Court and inferior courts would rule on international, U.S., and state law — with the Constitution as the supreme law, and all state officers sworn to uphold it.
The New Jersey Plan
- Also known as the Small State Plan, this favoured the interests of the smaller, less populous states, created in response to the Virginia Plan.
- The less populous states adamantly opposed giving most control of the national government to the more populous states, proposing instead an alternative that retained one-vote-per-state representation under a single legislative body, as under the Articles of Confederation.
- The New Jersey Plan was purely federal in character — authority flowed from the states, and gradual change was to come from the states.
- Ultimately, the Virginia Plan was adopted, though some ideas from the New Jersey Plan were incorporated through the Connecticut Compromise (Great Compromise of 1787), establishing a bicameral legislature with the House of Representatives apportioned by population (as the Virginia Plan wanted) and the Senate granted equal votes per state (as the New Jersey Plan wanted).
Hamilton’s Plan
- Calling the British government “the best in the world,” Alexander Hamilton proposed a model with few similarities to either plan: an executive with veto power over all laws, a senate, and a legislature empowered to pass “all laws whatsoever.” He failed to win a following.
Slavery in the Debate: The Three-Fifths Compromise (1787)
- There was a North-South division over the method by which slaves were to be counted for purposes of taxation and representation.
- Under the Three-Fifths Compromise, the population of slaves would be counted as three-fifths of their total number when apportioning Representatives, as well as presidential electors and taxes (1 slave = 3/5 of a man).
The Great Compromise (Connecticut Compromise)
- The Connecticut Compromise (Great Compromise of 1787) was an agreement reached between large and small states during the Constitutional Convention, defining, in part, the legislative structure and representation each state would have under the Constitution.
- It blended the Virginia (large-state) and New Jersey (small-state) proposals on congressional apportionment, retaining a bicameral legislature with proportional representation in the lower house, while requiring the upper house to be weighted equally between states — each state receiving two representatives in the upper house.
The Federalists and the Anti-Federalists Debate
- As the Federalists moved to amend the Articles in favour of a stronger centralised government — eventually leading to the Constitutional Convention — they applied the term “Anti-Federalist” to their opposition.
- The Anti-Federalists were composed of diverse elements, including:
- Those opposed to the Constitution because they believed a stronger government threatened the sovereignty and prestige of the states, localities, or individuals.
- Those who claimed the new, centralised power was a disguised “monarchic” power that would merely replace the cast-off despotism of Great Britain with the proposed government.
- Those who simply feared the new government threatened their personal liberties, and that the President would become a king.
- Some Anti-Federalists believed the national government under the Constitution would be too strong — famous revolutionary figures such as Patrick Henry and Thomas Jefferson came out publicly against the Constitution.
- In many states, opposition to the Constitution was strong, and in two states — North Carolina and Rhode Island — it prevented ratification until the definite establishment of the new government practically forced their adherence.
- Individualism was the strongest element of opposition; the necessity, or at least the desirability, of a bill of rights was almost universally acknowledged.
- In Rhode Island, resistance was so strong that civil war nearly broke out on 4 July 1788, when Anti-Federalist members marched into Providence with over 1,000 armed protesters.
The Massachusetts Compromise
- The Anti-Federalists’ opposition was also strong during the ratification convention in Massachusetts.
- By this point, five states had ratified the Constitution with relative ease, but the Massachusetts convention proved far more bitter and contentious.
- Finally, after long debate, a compromise — known as the “Massachusetts Compromise” — was reached: Massachusetts would ratify the Constitution, with recommended provisions in the ratifying instrument that the Constitution be amended with a Bill of Rights.
- Following this compromise, Massachusetts voted to ratify the Constitution on 6 February 1788.
- Five states subsequently voted for ratification, four of which followed the Massachusetts model of recommending amendments alongside their ratification.
- The Massachusetts Compromise helped garner sufficient support to ensure the Constitution’s ratification, and led to the adoption of the first ten amendments — the Bill of Rights.
Main Features of the US Constitution
Written
- The USA Constitution is a written constitution, drafted at the Philadelphia Convention, consisting of seven articles.
Brief Constitution
- The USA Constitution is one of the briefest constitutions in the world — its seven articles run to no more than about seven thousand words.
Rigid Constitution
- The American Constitution is a rigid constitution, since the amendment process is complex: an amendment must be proposed by a two-thirds majority in Congress (or by the states) and ratified by a three-fourths majority of the states.
- As a result, only twenty-six amendments have been made to the Constitution over the course of some two hundred years.
Sovereignty of the People
- The USA Constitution reflects the sovereignty of the people from its very opening words: “We the People of the United States… do ordain and establish this Constitution for the United States of America.”
Federalism
- The Constitution established a federal form of government, in which powers are divided between the centre and the states; where conflict arises between the centre and a state, the central powers dominate.
Separation of Power
- The Constitution is based on the doctrine of separation of powers, with the three pillars of government — legislative, executive, and judicial — not interfering in one another’s affairs.
Checks and Balances
- The Constitution also embodies a system of checks and balances, in which the executive checks the judiciary and the legislature, the judiciary checks the legislature and the executive, and so on.
Bicameralism
- Article One describes Congress, the legislative branch of the federal government: “All legislative powers herein granted shall be vested in a Congress of the United States, which shall consist of a Senate and House of Representatives.”
- The Senate has two members from every state, while members of the House of Representatives are apportioned according to population.
Executive Branch
- Article Two describes the office of the President of the United States.
- The President is head of the executive branch of the federal government, as well as the nation’s head of state and head of government. Article Two also establishes the office of the Vice President.
- The President and Vice President are both elected to serve an identical four-year term.
Dual Citizenship
- The American Constitution gives every citizen a dual domicile — citizenship of both the United States and of their individual state.
Independence of the Judiciary
- The judiciary is independent and does not function under any other authority.
Bill of Rights
- The Bill of Rights is the collective name for the first ten amendments to the U.S. Constitution. These amendments guarantee a number of personal freedoms, limit the government’s power in judicial and other proceedings, and reserve some powers to the states and the public.
The First Ten Amendments:
- First Amendment: Provides several rights protections — to express ideas through speech and the press; to assemble or gather with a group to protest or for other reasons; and to ask the government to fix problems.
- It also protects the right to religious beliefs and practices, and prevents the government from creating or favouring a religion.
- Second Amendment: Protects the right to keep and bear arms.
- Third Amendment: Prevents the government from forcing homeowners to allow soldiers to use their homes.
- Before the Revolutionary War, laws had given British soldiers the right to take over private property.
- Fourth Amendment: Bars the government from unreasonable search and seizure of an individual or their private property.
- Fifth Amendment: Provides several protections for people accused of crimes.
- A person cannot be tried twice for the same offence (double jeopardy), or have property taken away without just compensation.
- People have the right against self-incrimination, and cannot be imprisoned without due process of law (fair procedures and trials).
- Sixth Amendment: Provides additional protections to people accused of crimes, such as the right to a speedy and public trial, trial by an impartial jury in criminal cases, and the right to be informed of criminal charges.
- Seventh Amendment: Extends the right to a jury trial in Federal civil cases.
- Eighth Amendment: Bars excessive bail and fines, and cruel and unusual punishment.
- Ninth Amendment: States that listing specific rights in the Constitution does not mean people lack other rights that have not been spelled out.
- Tenth Amendment: States that the Federal Government has only those powers delegated in the Constitution — if a power isn’t listed, it belongs to the states.
American Constitution as an Economic Document
- An Economic Interpretation of the Constitution of the United States is a 1913 book by the American historian Charles Beard, in which he considered the U.S. Constitution to be, at bottom, an economic document.
Arguments in Favour of the Constitution as an Economic Document
- The structure of the Constitution was, in Beard’s view, motivated primarily by the personal financial interests of the Founding Fathers.
- The Constitution was an economic document because it made fundamental rights to property more important than government itself.
- The Constitutional Convention was attended by — and the Constitution therefore written by — a “cohesive” elite seeking to protect its personal property (especially bonds) and economic standing.
- The occupations and property holdings of the convention’s members can be traced through tax and census records, contemporaneous news accounts, and biographical sources, demonstrating how much each stood to benefit from various constitutional provisions.
- For example, George Washington was the wealthiest landowner in the country, and had provided significant funding toward the Revolution; the Constitution’s guarantee that the newly formed nation would pay its debts suited the desire of Washington and similarly situated lenders to have their costs refunded.
- Those who opposed the Constitution were, in this view, either patriots unwilling to change what they had fought for, or people who had not learned the facts of economics.
- For example, the uneducated and poor classes did not attend the convention, and did not understand what the Constitution was about — so, it is argued, they opposed it.
- The Constitution was, in this view, a counter-revolution, set up by rich bondholders (bonds being “personal property”) in opposition to farmers and planters (land being “real property”).
- It was designed to reverse the radical democratic tendencies unleashed by the Revolution among common people — especially farmers and debtors (people who owed money to the rich).
Criticism of Beard’s View
- Beginning around 1950, revisionist historians argued that Beard’s interpretation was factually incorrect.
- Forrest McDonald argued that Beard had misinterpreted the economic interests involved in writing the Constitution. Instead of two conflicting interests — landed and mercantile — McDonald asserted that there were dozens of identifiable interests involved in the bargaining during the Constitution’s making.
- The economic clauses in the Constitution can be justified on other grounds:
- The Continental Congress’s lack of taxation and borrowing powers had nearly lost the Revolutionary War, so the Constitution’s writers immediately established Congress’s power to do both.
- Large portions of the Constitution were designed to create the basis for a sound economy, necessary to build a strong country — creating the basis for a true unification of the states into a nation.
- The Founders clearly recognised both the potential economic benefits and costs of government actions, and sought to design a document that would enhance the former and reduce the latter.
- The Constitution, moreover, contained many important non-economic clauses, such as the Bill of Rights (though it also contained some economic clauses, such as the right to property).
- The Constitution did not itself add property qualifications for voting (though individual states established these).
- There was no property requirement to hold office under the Constitution (though many states required one).
- These facts suggest that the Constitution was not merely an economic document.
