by Conroy
In just a few days, September 17 to be exact, the
U.S. Constitution turns 225-years-old
1. It was on that date in 1787 that the
Constitutional Convention adopted the document and passed it along to each of
the then thirteen states for ratification. Within a year the Constitution
became the law of the land. It was, at the time, a remarkable, original product,
and it remains, two-and-a-quarter centuries later, one of man’s great
documents.
Here’s the famous Preamble, whose language (misspellings and
all) embodies what I term the pragmatic idealism of early America:
“
We the People of the United States, in Order to form a more
perfect Union, establish Justice, insure domestic Tranquility, provide for the
common defence, promote the general Welfare, and secure the Blessings of
Liberty to ourselves and our Posterity, do ordain and establish the
Constitution for the United States of America.” (
sic)
That’s it, a brief 52 words, just one sentence, that
announces the broad vision of American government.
At the time of its writing, these sentiments
were the hopes for a new nation. And in an 18
th century world of
monarchies, rigid social hierarchies, and limited freedoms, it was
revolutionary. Looking back from the present it reads like a promise largely
fulfilled. And on this anniversary it’s worth thinking a little more about this
cornerstone of American government and society.
A Short History of
How the Constitution Came to Be
The Constitution was a desperately needed solution to a growing
crisis. After the hard fight for independence was won, the United States was
not really a country. Rather, it was a loosely bound confederation of thirteen
separate states. The central government, as much as there was one, operated
under the weak
Articles of Confederation.
A quick refresher. The American colonies fought a
long war of independence from Britain starting in 1775. A year later, after the Continental
Congress formally declared American independence, the Revolution’s leaders
realized that in order to prosecute the war effectively a national government of
some sort was needed. The Articles of Confederation became the framework of
this government. This initial “constitution” was meant as a wartime measure to
bind the thirteen rebelling colonies together and create a government to act as
an agent for advocating the American cause and soliciting international
support. And considering that the U.S. won the war, and to a large extent that outcome
was a result of maintaining an army in the field and recruiting the French (and
Spanish) into the war on America’s side, the Articles worked. But it was ad
hoc, and once the United States became a nation, utterly inadequate.
The Articles created a Congress, but it had difficulty
raising money as it couldn’t tax and relied on financial contributions from
each state. It could print money, but that soon became worthless. America was
on the verge of defaulting on the huge debts incurred during the war. There was
no President or Executive Branch. The government couldn’t exercise a coherent
foreign policy, with each state pursuing its own goals vis-à-vis Great Britain and
other nations. The country had virtually no military and was unable to protect
itself against raiding pirates or even the British soldiers still occupying
frontier forts.
Shay’s Rebellion in Massachusetts revealed the inherent
impotence of American government, national and state alike. Commercial rule and
legal rights were haphazard. Just a few years after becoming a nation, the
United States was headed toward dissolution.
The nation’s leaders, the famed
Founding Fathers, recognized
the growing crisis and convened the
Constitutional Convention in Philadelphia
during the warm summer of 1787. The Convention, one of the most important
events in early American history, was led by George Washington
2
and included such leading lights as Benjamin Franklin, Alexander Hamilton, and
James Madison. In total, 55 men from twelve states
3 took the next four
months to outline the shape of a new national government.
4
Making a Constitution
 |
| A depiction of the Constitutional Convention |
What the Convention ultimately approved is known to every
American schoolchild, an Executive Branch headed by a President with broad
powers, a bicameral legislature divided into a House of Representatives (seats
based on population) and Senate (two per state), and a separate judiciary and
Supreme Court. That’s the basic structure, but what I appreciate most about the
Constitution is how it’s written to “secure the Blessings of Liberty to
ourselves and our Posterity.”
The men who wrote the Constitution were products of the Age
of Reason, but they were also intelligent and savvy, and realistic about the
nature of man. They understood that governmental powers, if unchecked, accrete
and corrupt. The recent war had been fought against just that (as they believed
5).
And so the Constitution is based on the ideas of the consent of the governed
(representative democracy), divided powers (separate Executive, Legislative,
and Judicial branches with checks and balances on the powers of each), and
civil liberties (most obviously embodied in the Bill of Rights).
And the Convention recognized the need for amendments, for
the Constitution to evolve as events warranted. One of the key agreements that
greatly aided ratification was that the ten amendments of the Bill of Rights
would be added to the Constitution almost immediately. The Constitution was
sent to the states for ratification, two-thirds needed to approve for it to
become law (meaning nine states needed to ratify it). Delaware
6,
Pennsylvania, and New Jersey ratified it by the end of the year. Georgia,
Connecticut, Massachusetts, Maryland, and South Carolina followed in the first
five months of 1788, and when New Hampshire approved in June the Constitution
became official. Virginia and New York approved that summer and stubborn
holdouts North Carolina and Rhode Island, recognizing the futility of continued
obstruction, followed in 1789 and 1790, respectively.
As defined in the Constitution, a President (Washington) was
elected
7,
an embryonic Executive Branch was formed, a formal Congress took office, and a
federal judiciary established. Government hasn’t grown into Hobbes’
Leviathan,
but it has flourished since the experimental beginnings (into a needed social
bulwark or bloated inefficiency, or something in between, depending on your own
particular political views).
The Constitution was amended with the
Bill of Rights in
1789, which guaranteed the civil liberties that so many wanted clearly defined.
Since then 17 additional amendments (27 total) have been ratified, though the
twenty-first amendment repealed the eighteenth (Prohibition). There hasn’t been
a new amendment since 1992 (and that one about Congressional salaries seems
rather picayune when compared to the Bill of Rights or abolition of slavery).
Before that the last amendment was in 1971 (voting age of 18). The total number
of amendments isn’t likely to grow anytime soon, there aren’t any floating around
that appear to have the broad support needed for ratification.
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