The Revolution and the Constitution
This chapter deals with the establishment of an independent political order in the area of the North American continent called the United States of America. Colonial disaffection was high regarding the perceived British encroachment on individual and colonial liberties through such endeavors as the Stamp Act, the Declaratory Act, and the Intolerable Acts. Americans began to offer organized resistance through such conglomerations as the Stamp Act Congress, the Boston Tea Party and Massacre, as well as the two Continental Congresses, which ultimately led to the Revolutionary War and its Declaration of Independence on July 4, 1776.
After the war the first national government, the Confederate Congress under the Articles of Confederation, was deemed ineffective and inefficient as a governing body. The Confederate Congress lacked an ability to tax, regulate interstate commerce, have control over foreign relations or finance, and even the power to create an army and navy, among other shortcomings. This was especially true in the critical period of the 1780s, which saw Daniel Shays’s Rebellion against the propertied interests in Massachusetts. The Annapolis Convention of 1786 called for a Constitutional Convention to strengthen the central government. The Convention went far beyond that, crafting a new political order typified by limited government through separation of powers in a system of checks and balances. Crucial compromises were made regarding representation in the Congress, presidential selection, and socio-economic regional interests, thus assuring the creation of a Constitution of the United States, which has remained in place since its ratification in 1788 and implementation in 1789.
The Constitution itself delineated powers through a series of articles, creating and empowering the three branches of government as the legislative (Congress in Article I), the executive (the presidency in Article II), and the judiciary (the Supreme Court in Article III). These powers were both enumerated (such as Congress’ power to tax) and implied in content (such as the “take care clause” for executive power). Meanwhile, Articles IV and VI deal with federal relations such as interstate reciprocity, admission of new states, republican guarantees, and protections against domestic violence. Likewise, Article V outlines the amendment process requiring supermajorities of Congress and state legislatures/state constitutional conventions to propose and ratify, respectively, each proposed change to the document.
Finally, the struggle for the Constitution’s ratification divided elites and masses alike between Federalists (those supporting ratification) and Anti-Federalists (those opposing ratification). The Federalists ultimately triumphed and the Constitution has served as the major founding document of the American government ever since.
Quizzes
Critical Thinking Exercises
The Constitution
Let’s think critically about what it means to accept as fundamental the existence of individual rights. First, take a look at the following amendments to the U.S. Constitution (you will find the Constitution in Appendix C of your textbook):
- The first 10 amendments, which compose the Bill of Rights
- 13th Amendment
- 14th Amendment
- 15th Amendment
- 19th Amendment
These amendments were successfully proposed and ratified for inclusion as part of the Constitution. Their intent was to recognize and secure particular, individual rights of liberty.
However, not all proposed amendments to secure other perceived rights have been as successful in the nation’s history. Some rights amendments remain unratified. Unratified amendments are those proposed by Congress, but not approved by the three-fourths majority of states necessary for it to be added to the Constitution. For example, the Equal Rights Amendment, first proposed in 1972, is a proposed but unratified amendment.
Lively and often acrimonious political debates ensued between those in favor and those opposed to ratification of the Equal Rights Amendment (ERA) in the 1970s. These debates provide a fascinating case study of the nature of individual rights by focusing on their intent and limits as well as the perceived impact and ramifications on American society if the ERA had been successful or fallen short in being ratified.
Google News has archived primary documents from the public debate over the ERA in the 1970s. Click on this link to investigate the pro and con arguments surrounding the amendment:
While the ERA did not pass in the 1970s, current supporters, such as former Congresswoman Carolyn Maloney Campaigns for Federal and New York State ERA at New York State Bar Association Women in Law Event:
Once you’ve acquainted yourself with the pro and con arguments for the ERA, both in the 1970s and today, consider the following questions:
- Is the ERA similar to or different from the existence of individual rights in the ratified amendments to the Constitution?
- In contemporary America, do we need the ERA? Why or why not?
Finally, prepare a written statement that advocates your position on the ERA while answering the questions above. You can present your positions in front of the class who can then vote to see if they favor or oppose ratification of the ERA.
Useful Links
Links to further content exploring the themes covered in this chapter
The National Archives
General- important documents (1776- 1965)
DOCSTeach
Document supplement (includes audio, video, data, images, maps, writing, etc.)
Constitution, Declaration of Independence, and Articles of Confederation
This site offers full texts of these documents as well as various notes on the activities of the Continental Congresses.
Revolutionary War Timeline
This is an interactive site that offers a complete timeline of the major events preceding and during the Revolutionary War.
U.S. Constitution–Library of Congress’ Congressional Research Service
On this site you can get scholarly analysis of the Constitution and issues emanating from it by the professional researchers at the Library of Congress’ Congressional Research Service.
American Historical Documents
This site provides access to the major political documents in American history including the Articles of Confederation, the Declaration of Independence, the U.S. Constitution, and the Bill of Rights, as well as many others of historical interest.
The National Archives
This is the main website for the National Archives, containing numerous access points to key archival records from American national political, social, and military history. This is an excellent starting point for general research into the American character.
The Declaration of Independence
In this site, there is a copy of the full text of the Declaration as well as analytical articles that examine the various premises, assertions, and omissions of the document.
Colonial History
At this site, the History Channel provides vivid descriptions and information about the colonial period in American history in general.
The Constitute Project
This site provides links to other countries’ constitutions and is a good resource for comparative studies regarding government institutional research.
PBS “Liberty” Series
This site is a companion site to the PBS documentary on the Revolutionary War and contains a brief but useful timeline for the major events before, during, and immediately after the war. This is a general resource for background regarding the events that culminate in the debates over the Constitution.
Constitutional Sources
This site contains access points to various digitized archives that deal with issues related to the Constitution, its Convention, and the ratification debate.
Constitution Society
This is the website for an organization dedicated to placing present-day issues in broader constitutional arguments. It is a right-leaning organization that promotes the Constitution as a limited government document.
Early America
This site provides access to a series of films dedicated to various topics in early American political history, it is a sound general resource for contextualizing single events like the Constitutional Convention in a larger historical milieu.
The Anti-Federalists
[http://teachingamericanhistory.org/fed-antifed/antifederalist/]
Provides documentary and other history of the Anti-Federalists during the fight over ratification of the Constitution.
National Constitution Center
Provides educational resources concerning the U.S. Constitution, writings regarding the American founding and American politics.
National Park Service
Provides a detailed account of the 1787 Federal Convention in Philadelphia.