4 The Constitution and the Founding Debates

The first national government

Adopted by the Continental Congress in 1777 and in effect from 1781, the Articles of Confederation formed the first national government of the United States. They created a “league of friendship” among states, which retained most governing authority. Each state had one vote in Congress, regardless of population.

Congress could conduct diplomacy, make treaties, and oversee national defense. However, it could not directly tax people or regulate interstate commerce, and it depended on states to provide money and carry out many of its decisions. Changing the Articles required approval from every state, making reform difficult.

The arrangement reflected Americans’ fear of concentrated power after their experience under British rule. Its weaknesses became increasingly clear: Congress struggled to pay debts, states disagreed over trade and borders, and there was no national executive or court system to consistently enforce laws or settle disputes. These problems encouraged calls for a stronger union, rather than simply a return to centralized rule.

The debate over national power

The central debate was how to create a government strong enough to act effectively while limiting its power. Supporters argued that the country needed national authority to raise revenue, regulate commerce, and respond to shared problems. Critics feared distant officials might threaten liberty and overwhelm state governments. They wanted clear protections for individual rights and worried that a large republic would be less responsive to ordinary people.

Supporters of a stronger national government became known as Federalists. Opponents, including those who wanted substantial changes before accepting the Constitution, were called Anti-Federalists. These names described positions in a heated debate, not two fully organized modern political parties.

Designing the Constitution

Delegates met in Philadelphia in May 1787, officially to revise the Articles of Confederation. They soon chose to design a new framework. A major challenge was balancing the interests of large and small states. The Great Compromise created a two-chamber Congress: representation in the House of Representatives would be based on population, while every state would have equal representation in the Senate.

The Constitution divided authority among three branches. Congress would make laws, the president would execute them, and the federal courts would interpret them. Checks and balances gave each branch ways to limit the others. Federalism divided governing powers between the national government and the states; for example, Congress could regulate trade between states, while states retained authority over many local matters.

Slavery and the constitutional compromises

The Convention’s compromises also protected slavery. Enslaved people were counted as three-fifths of a person for purposes of representation in Congress and certain direct taxes, increasing the political power of slaveholding states. The Constitution also barred Congress from prohibiting the international importation of enslaved people before 1808. These arrangements were political concessions to slaveholding interests, not protections of enslaved people’s rights.

The delegates approved the Constitution on September 17, 1787. It would create a stronger national government if enough states agreed to ratify it.

Ratification and individual liberties

The Constitution established a new Ratification rule: approval by special conventions in nine states would establish the government among the states that ratified it. This bypassed state legislatures and avoided the Articles of Confederation’s requirement of unanimous approval. Delaware ratified first, and New Hampshire became the ninth state to ratify on June 21, 1788.

Ratification did not end the debate. Several states had called for amendments, and opponents continued to press for explicit protections of individual liberties. To help secure support, Constitution advocates in some states promised that a bill of rights would be considered.

In 1789, Representative James Madison helped guide amendments through Congress. Congress sent 12 proposed amendments to the states; 10 were ratified on December 15, 1791, and became the Bill of Rights. They protect liberties such as freedom of religion, speech, press, assembly, and petition, and establish safeguards in criminal proceedings. The amendments addressed a central Anti-Federalist concern while leaving the Constitution’s basic structure intact.

From confederation to constitutional government

The Articles of Confederation preserved strong state authority but left the national government without essential powers and enforcement tools. The Constitution replaced that system with a stronger federal government, divided power among branches and between national and state governments, and used compromises to win agreement. Its ratification depended on sustained debate, and the Bill of Rights became a key assurance that the new government would protect individual liberties.