U.S. Constitution: Foundations, Compromises, and Reforms

Introduction

The U.S. Constitution addressed a number of complaints listed in the Declaration of Independence against Great Britain's King. In addition, the Constitution cured a number of weaknesses in the Articles of Confederation by granting powers, rights, and divisions to the federal government, as well as providing a different method of amending the Constitution. At times, the Constitution was developed through compromises such as the Great Compromise, which established the bicameral federal legislature and determined the manner of each state's representation in both the Senate and the House of Representatives. Through these historical documents and others, we can trace the ideas and early development of the United States of America.

The Declaration of Independence, finalized on July 4, 1776, was the American colonists' announcement to Great Britain and to the world of their freedom from British rule. In the document's third section, the colonists present a long list of specific complaints, or grievances, against Great Britain and particularly its King, explaining the reasons for rejecting British authority over them (United States of America, 1776). The United States Constitution, ratified on March 4, 1789, addressed those specific complaints in its Articles and Bill of Rights (United States of America, 1789) to ensure that the new government and its citizens would be free from those oppressive practices.

How the Constitution Addressed the Complaints in the Declaration of Independence

For example, the Declaration of Independence states that the King forced the colonists to quarter British troops (United States of America, 1776); therefore, the Constitution's Third Amendment and its ban on using troops to carry out civilian law would prevent that practice in the United States. For another example, the Declaration of Independence complained that the King imposed taxes on the colonists without their consent (United States of America, 1776); therefore, Article I of the Constitution establishes the circumstances and process for taxation by Congress, preventing taxation without representation (United States of America, 1789).

For a third example, the Declaration of Independence complained that the King repeatedly dissolved the colonists' representative houses (United States of America, 1776); therefore, Article I of the Constitution created Congress and enumerated its powers in Section 8 (United States of America, 1789). For a fourth example, the Declaration of Independence complained that the King "has refused his Assent to Laws, the most wholesome and necessary for the public good" (United States of America, 1776); therefore, Article I, Section 7 of the Constitution specifically explains how laws will be passed, how each house of Congress and the President will participate in that process, the requirement that laws must be passed by both houses of Congress, and the procedure for the President's signing of those laws (United States of America, 1789). The Constitution, as the supreme law of the United States, thus addressed and remedied each of the King's actions that the colonists had complained about in the Declaration of Independence.

The Articles of Confederation were ratified on March 1, 1781, serving essentially as the first constitution of the United States (United States of America, 1781). They contained many weaknesses in that they did not grant sufficient powers to the federal government. These weaknesses were addressed and resolved by the U.S. Constitution, ratified on March 4, 1789.

For example, the Articles did not establish an executive branch; therefore, Article II, Section 1 of the Constitution created the offices of the President and Vice President, specifying that each would hold office for a term of four years (United States of America, 1789). For another example, the Articles did not give the government power to tax or regulate commerce; therefore, Article I, Section 8 of the Constitution granted Congress the power to set and collect taxes and to regulate commerce among the states and with foreign nations (United States of America, 1789). For a third example, the Articles did not establish federal courts; therefore, Article III, Sections 1 and 2 of the Constitution created a federal court system consisting of the Supreme Court and "inferior" courts (United States of America, 1789).

For a fourth example, the Articles required a unanimous vote to be amended; therefore, Article V of the Constitution established the amendment process, requiring a two-thirds vote of approval by both houses of Congress to propose an amendment and a three-fourths vote of approval by state legislatures to ratify one (United States of America, 1789). For a fifth example, the Articles did not grant the federal government power to control the military; therefore, Article I, Section 8 of the Constitution gave Congress the power to create, support, and make rules for an army and navy (United States of America, 1789). In sum, the Constitution "cured" the weaknesses of the Articles of Confederation by establishing specific powers, rights, and divisions within the federal government.

How the Constitution Addressed the Weaknesses in the Articles of Confederation

The Great Compromise, also known as the Connecticut Compromise, was approved on July 16, 1787, during the Constitutional Convention. It resolved a dispute between larger and smaller states over how each state's representation in Congress would be determined. The Virginia Plan, backed by states with larger populations, proposed that the number of a state's representatives in the federal government should be proportional to its population. The New Jersey Plan, backed by states with smaller populations, proposed that each state should have the same number of representatives regardless of population.

Two Connecticut delegates, Roger Sherman and Oliver Ellsworth, proposed a compromise: the federal legislature would consist of two houses — the Senate and the House of Representatives. The Senate would have two representatives from each state, regardless of population. The House of Representatives, however, would allocate seats based on each state's population, with more populous states receiving more representatives than less populous ones (Winkler, 2000, pp. 521, 543, 883).

The U.S. Constitution was written at a specific place and time; however, the Founding Fathers conceived of it as a living document for a nation that could endure far into the future. They could not foresee all future circumstances that might affect the nation, but they needed to provide for them; therefore, they included provisions for amending the Constitution to adapt to changing conditions. Article V of the Constitution sets out the amendment process.

Amendments can be proposed either by a two-thirds vote of approval by both houses of Congress or by a convention for proposing amendments called by two-thirds of the state legislatures. Proposed amendments are then ratified by either a three-fourths vote of approval by state legislatures or by three-fourths of state ratifying conventions, depending on whichever method Congress specifies. Upon ratification, amendments become part of the Constitution. A ratified amendment can be removed or altered only by the ratification of a subsequent amendment.

Conclusion

United States of America. (1789, March 4). Constitution of the United States. Retrieved April 11, 2013 from www.archives.gov Web site: http://www.archives.gov/exhibits/charters/constitution_transcript.html

Winkler, A. (2000). Encyclopedia of the American Constitution, Volume 2. New York, NY: MacMillan Reference USA.