Charters of Freedom and Law

U.S. Government and Law

What is the government of the United States and where does it come from? To answer these questions, we should look at the document on which our entire system of government is based – the Constitution.

But to understand the Constitution, we have to understand how it came into being. Before there was a Constitution, the United States was governed by the Articles of Confederation.

The Articles of Confederation

After winning its independence from Great Britain in the Revolutionary War, the new country situated on the eastern seaboard of North America needed to fashion some form of governmental system. The Articles of Confederation represent the first constitutional agreement made between the 13 original states.

The Articles of Confederation posed several challenges to the new nation:

• Congress (the central government) was made up of delegates chosen by the states and could conduct foreign affairs, make treaties, declare war, maintain an army and a navy, coin money, and establish post offices. However, measures passed by Congress had to be approved by 9 of the 13 states.
  
  
• Congress was severely limited in its powers. It could not raise money by collecting taxes; it had no control over foreign commerce; it could pass laws but could not force the colonies to comply with them. Thus, the government was dependent on the willingness of the various colonies to carry out its measures, and often the original states refused to cooperate.
  

• The articles were virtually impossible to amend, so problems could not be corrected.
  

In the words of George Washington, the government created by the Articles of the Confederation was "little more than the shadow without the substance."



The U.S. Constitution

The Articles of Confederation provided very little guidance to the 13 original states. In September of 1786 there was a meeting in Annapolis, Maryland. Representatives from New York, New Jersey, Delaware, Virginia, and Pennsylvania attended this "Annapolis Convention" to see what they could do about trade problems among the states. As time passed it became clear that changes to this system had to be made.

A convention of delegates from all the states except Rhode Island met in Philadelphia, Pennsylvania in May of 1787. George Washington was chosen president of the convention. By the end of the month it was decided that the best solution to the young country's problems was to set aside the Articles of Confederation and write a new constitution. This meeting later became known as the Constitutional Convention.

A big problem was to decide how the legislature would be structured. Some wanted representation to be based on population (Virginia Plan). Others wanted equal representation (New Jersey Plan). Roger Sherman from Connecticut proposed a legislature with two parts. States would have equal representation in the Senate. The population of states would determine representation in the House.

Three months later and after a lot of debate this "Great Compromise" was agreed upon. On September 17, 1787, the Constitution of the United States was finally accepted by the delegates. But their work was not done.

The Founding Fathers now had to get all the states to agree that this was a good document and that they should vote in favor of it. This was the first great political question that faced Americans. Nine states had to vote for the Constitution for it to be accepted. On December 3, 1787, Delaware was the first state to vote in favor of (ratify) it. New Hampshire became the ninth state to accept the Constitution on June 21, 1788, ending government under the Articles of Confederation. It was not until May 29, 1790 that the last state, Rhode Island, finally accepted the Constitution.

Signing of the Constitution
September 17, 1787

The Framework for a Nation

The Constitution of the United States is the cornerstone of our American government. In 4,543 words this document describes the structure of the government and the rights of the American people. No law may be passed that contradicts its principles and no person, or the government, is exempt from following it. This is why it is commonly called the "supreme law of the land".

The purpose of the government is found in the Preamble. For the government to be successful, the Founding Fathers established three main principles on which our Government is based:

• Inherent rights -- rights that anyone living in America has
  
• Self government -- government by the people
  
• Separation of powers -- branches with different powers
  

Through time this document has worked, it has only been amended 27 times. The document is known as a "living document" because it can be amended. The Constitution is a document strong enough for safety and at the same time it is flexible enough to allow for freedom.

The Constitution is organized into three parts:

• Preamble - describes the purpose of the document and government
  
• Articles - establish how the government is structured and how the Constitution can be changed. There are seven articles.
  
• Amendments - changes to the Constitution; the first ten are called the Bill of Rights
  

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.



The “Great Compromise” In-Depth

• A bicameral legislature made up of the Senate and the House of Representatives settled the debate over representation in the national government. Small states feared they would be ignored if representation was based on population. Large states, however, believed that their larger populations deserved more of a voice. Under the two house system, each party would be represented in a balance of power. Each state would be equally represented in the Senate, with two delegates, while representation in the House of Representatives would be based upon population.
  

• Commerce and slavery were two issues that divided the colonies between North and South. Southern states exported goods and raw materials and feared the Northern states would take unfair advantage. The South finally agreed not to require two-thirds passage in both houses to regulate commerce. The North agreed that the slave trade could continue until 1808. Slaves would be taxed at not more than $10 each when brought in. In addition, slaves would be counted as three-fifths of a person for representation in the House of Representatives.
  

• Nationality requirements and provisions for amending and ratifying the Constitution were also addressed. It was decided that Senators would have to be citizens for nine years, while Representatives only seven. The President must be native-born. A system was set up whereby changes, or amendments, could be made to the Constitution. Nine of the 13 states must vote to ratify the Constitution before it could become law.