Framing the Constitution

The liberal program of the American Revolution was consolidated by the federal Constitution, the Bill of Rights, and the creation of a national republic. Assembling in Philadelphia in the summer of 1787, the delegates to the Constitutional Convention were determined to end the period of economic depression, social uncertainty, and leadership under a weak central government that had followed independence. The delegates thus decided to grant the federal, or central, government important powers: regulation of domestic and foreign trade, the right to tax, and the means to enforce its laws.

Strong rule would be placed squarely in the context of representative self-government. Senators and congressmen would be the lawmaking delegates of the voters, and the president of the republic would be an elected official. The central government would operate in Montesquieu’s framework of checks and balances, under which authority was distributed across three different branches — the executive, legislative, and judicial branches — that would prevent one interest from gaining too much power. The power of the federal government would in turn be checked by that of the individual states.

The American Revolution

1765 Britain passes the Stamp Act
1773 Britain passes the Tea Act
1774 Britain passes the Coercive Acts in response to the Tea Party in the colonies; the First Continental Congress refuses concessions to the English crown
April 1775 Fighting begins between colonial and British troops
July 4, 1776 Second Continental Congress adopts the Declaration of Independence
1777–1780 The French, Spanish, and Dutch side with the colonists against Britain
1783 Treaty of Paris recognizes the independence of the American colonies
1787 U.S. Constitution is signed
1791 The first ten amendments to the Constitution (the Bill of Rights) are ratified

When the results of the Constitutional Convention were presented to the states for ratification, a great public debate began. The opponents of the proposed Constitution — the Antifederalists — charged that the framers of the new document had taken too much power from the individual states and made the federal government too strong. Moreover, many Antifederalists feared for the individual freedoms for which they had fought. To overcome these objections, the Federalists promised to spell out these basic freedoms as soon as the new Constitution was adopted. The result was the first ten amendments to the Constitution, which the first Congress passed shortly after it met in New York in March 1789. These amendments, ratified in 1791, formed an effective Bill of Rights to safeguard the individual. Most of them — trial by jury, due process of law, the right to assemble, freedom from unreasonable search — had their origins in English law and the English Bill of Rights of 1689. Other rights — the freedoms of speech, the press, and religion — reflected natural-law theory and the strong value colonists had placed on independence from the start.