Background of the Constitution of the United States of America

Constitution of the United States of America

Background of the Constitution of the United States of America:

The Declaration of Independence:

The Declaration of Independence is the first formal American state paper. It is not judicially enforceable, and it establishes no legal rights or duties. But the Declaration has had a decisive effect on the development of governmental system. It sets forth the ideals and reflects the standards of what might be called the American creed. This creed, with its stress on the rights of people, equality under the law, limited government, and government by consent of the governed, infuses the structures and practices of the Constitution. The Declaration of Independence remains the American conscience, a constant challenge to those who would subvert democratic processes or deny persons their inalienable rights. So long as the menace of the French and the Spaniards existed in North America these colonies meekly submitted to the dictates of the mother-country, but with the extinction of the French and Spanish power in the Seven Year's War, things took a new turn. A historian remarks that with the triumph of Wolfe on the Heights of Abraham, began the history of United States. With the removal of the French holdings and pressure of the Spaniards, the colonists' dependence over Britain came to an end. Now they could freely demand the right of self-taxation. When this was denied, the colonies began to prepare for war. A Congress of Representatives of the State was called at Philadelphia in 1775. The Congress appointed George Washington, as Commander-in-Chief of the army. The French promised aid and ultimately the thirteen colonies declared war against England. On 4th July, 1776 was published the Declaration of Independence. It was declared that colonics "are free and independent Sates. They are absolved from all allegiance to the British Crown and as free and independent States have full power war, conclude peace, contract alliance, and to do all other acts and things which independent States may have right to do."

The Articles of Confederation:

The Articles of confederation did not materially alter the structure of powers of the government that had been governing the United States - unofficially but effectively- since 1775. They established a league of friendship, a "perpetual Union" of States, resting expressly on state sovereignty. The State legislatures promised to treat each other's citizens without discrimination, to give full faith and credit to each other's legal acts and public proceedings, and to extradite fugitives wanted in another state.

The structure of the central government was quite simple. There was only a single-chamber Congress. There was no executive, although a congressional committee consisting of one delegate from each state managed affairs when Congress was not assembled. There was no judiciary, although Congress acted as a court to resolve disputes among the states. With the Declaration of Independence begins the independent history of the United States. The colonies as a consequence of the declaration became independent of the Crown and politically independent of others. Thus the first thing to engage their attention after the Declaration of Independence was to prosecute the war unitedly. On 11 July, 1975 a Committee was appointed which drafted the Articles of the Confederation. These Articles were approved by the Congress of the States on 15th November, 1777. The first of these Articles named the Confederation of the United States of America. The second Article stated that each State retained its sovereignty, freedom, independence and every power, jurisdiction and right, which was not by this Confederation expressly delegated to the Congress.

The Philadelphia Convention leading to the Adoption of the Constitution:

The Congress summoned the famous Confederation Convention at Philadelphia in 1787. Seventy delegates were sent by twelve States as Rhode Island did not participate. Fifty five delegates attended at some times or the other, the average attendance being 35. At the end constitutional document was signed by only 39 delegates. The delegates to the Convention were all experienced persons. George Washington, James Madison, Alexander Hamilton, Benjamin Franklin and James Wilson were some of the highly talented and distinguished personalities. Almost to a man the delegates were drawn from professional and propertied classes. This was a brief document embodying the constitution of the new government of the United States was signed unanimously by the States present. It was ratified by conventions in nine States agreed upon in the Philadelphia Convention and enforced on 4th March, 1789.

The constitution radically changed the character of the United States. It established a federal government allowing maximum liberty to the States. At the time of adoption of the constitution, some of the States kept out of the new federation, but later joined it. The number of States gradually rose from the original 13 to the present 50. The U.S.A. thus today is a federation of 50 States.

The Constitution in original consisted of only 7 Articles covering not more than 9 pages. It only provided a skeleton system. Since the Constitution was made under an atmosphere of fear and suspicion among the joining states, every detail of its working was not provided for. Despite its brevity, the Constitution laid down a pattern of government which for more than two centuries has served the people very well. Its basic elements were so soundly construed as to apply to the relatively simple needs of the 13 original States as also to the complex and varied requirements of the present day United States with some 300 million people and 50 states.

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