Original Intent of the Constitution Writers

Introduction

• Writers of the Constitution did not foresee today's political system.
• They did not anticipate a democratic republic with two permanent political parties.
• Did not foresee current economic system or social values.
• Established amendment process to adapt to changes.

Understanding the Founders' World

• Knowledge of who the founders were, their problems, and intentions is crucial.
• Historical controversies and content of the Constitution highlight public knowledge gaps.
  • 46% unaware of Constitution’s original purpose.
  • Misunderstandings about the Bill of Rights and presidential powers.

Historical Context

• Constitution wasn’t the first U.S. government framework.
• Governed by Second Continental Congress, then Articles of Confederation (1781-1789).
• Articles viewed as a failure by late 19th-century historians.
• Early 20th-century historians like Charles Beard saw it as counter-revolutionary.
• Later interpretations view Constitution as a continuation of the Revolution.

Creation of Governments in the 1770s

• Colonial assemblies became state legislatures.
• Rejection of British balanced government in favor of legislative power.
• Transition to written constitutions to protect liberty.
• State assemblies became more representative.

Articles of Confederation

• Set up a weak central government.
• No executive, judiciary, or significant power without unanimous state support.
• States retained sovereignty.

Achievements Under the Articles

• Independence and peace treaty with favorable terms.
• State governments with social and political reforms.
• Northwest Ordinances established patterns for Western expansion.
• Trade opened with Europe and Asia.

Problems and Challenges

• Confederation Congress lacked power to tax, affecting military and debts.
• British and Spanish challenges post-Revolution.
• Economic depression and interstate issues.
• Shays’ Rebellion highlighted weaknesses.

Call for a New Government

• Fear of anarchy and European intervention.
• 1786 Annapolis meeting led to the Constitutional Convention.
• 55 men from 12 states met in Philadelphia in 1787.

Constitutional Convention

Delegates

• Notable absences: Patrick Henry, Sam Adams, Thomas Jefferson.
• Presence of figures like Franklin and Washington.
• Young delegates with national outlooks.

Ideological Background

• Conservative in property interests, revolutionary in government form.
• Aim: a strong republic preserving liberty.
• Innovated by creating a large republic.

Drafting the Constitution

• Ignored instructions to revise Articles, created new government.
• Secretive convention sessions, akin to a coup.

Balancing Government Power

• Dilemma: strong enough to preserve liberty, not tyrannical.
• James Madison's Federalist 51 highlights government control challenges.
• Introduction of checks and balances.
  • Separation of powers between branches.
  • Division of powers between national and state governments.

Separation and Division of Powers

Separation of Powers

• Combined monarchy, aristocracy, and democracy.
  • President as indirectly elected monarch.
  • Senate as aristocratic, House of Representatives democratic.
• Checks and balances between branches.

Division of Powers

• National and state governments to share power.
• Explicitly reaffirmed by the Tenth Amendment.

Disagreements and Compromises

• Disputes nearly wrecked the convention.
• Great Compromise resolved representation disputes.
• North-South compromises on trade, slavery.

Ratification Process

• Called for special state ratifying conventions.
• Federalist Papers advocated for ratification.
• Federalists agreed to add a Bill of Rights.

Unanswered Questions and Legacy

• Balance between state and national power.
• Liberty versus slavery in an expanding nation.
• Constitution succeeded in establishing a new government but left unresolved questions.
• Issues like state vs. national power remain relevant today.