Original Lecture by : Mrs BLANCHET
Summary by : Ali Boumelit
The Birth of a New Nation (1783-1800)
1. History of the US Constitution:
After the Declaration of Independence in 1776, North American former colonies experienced
significant constitution writing, including state and national constitutions. The first American
national constitution, The Articles of Confederation and perpetual Union, lasted from 1781-
1798, and is the oldest written constitution in the world. The US Constitution is the basic
instrument of American government and the Supreme law of the land.
2. The Article of Confederation and Perpetual Union:
The thirteen American colonies formed the Articles of Confederation to establish a common
state, forming a "firm league of friendship" instead of a convenient union. Each state retained
its sovereignty, freedom, and independence, except for those not explicitly delegated to the
United States.
The central government was a unicameral congress, with no real power reserved. The Articles
ignored the executive branch and national courts except for piracy and disputes. Legislative
decisions required state approval, with amendments requiring unanimous consent.
3.The Failure of the Articles of Confederation:
The absence of an executive in the US government limited its ability to act, despite Congress
establishing executive departments in 1781, which were ineffective due to lack of central
guidance.
Congress's insufficient powers, including taxing and regulating commerce, led to states
reluctance to contribute to the central government.
The Articles of Confederation lack clear separation of powers between national and state
governments, allowing Congress to settle disputes between states without central agency, a
significant flaw in the constitutional system.
National laws cannot automatically apply to state citizens without state cooperation, unless
the states wish to have them applied to their respective citizens.
The Articles were challenging to amend, necessitating ratification by all thirteen states.
Virginia and Maryland called for a convention in 1786, which was unsuccessful due to
delegates' inactivity.
5. The Constitution:
5.1. The Philadelphia Convention
The 1778 Constitutional Convention, attended by delegates from 12 states, included
influential figures like George Washington, James Madison, Benjamin Franklin, James
Wilson, Gouverneur Morris, and Alexander Hamilton. The convention worked on the
Virginia Plan, which proposed a bicameral congress, a national executive, and a national
judiciary, but criticized for allocating too much power to the central government.
Moderate delegates proposed the New Jersey plan, which retained a unicameral congress and
federal laws as supreme law. The convention finalized a series of compromises, including the
Great Compromise between large and small states. The constitution provided equal
representation in the Senate and proportional representation in the House of Representatives.
The three-fifths compromise involved counting slaves for representation in the House of
Representatives.
5.2 . The Constitution at Work
a- The Separation of Powers Principle:
The 1787 US Constitution established three distinct branches of government, with the
president as law initiator, the president as law enforcer, and the Supreme Court as law
interpreter.
The principle of separation of powers is not explicitly defined, but it is evident in the first
sections of each article, where legislative powers are vested in the president and judicial
powers in the Supreme Court.
b- The Principle of Checks and Balances:
The fragmentation of power in the government necessitated additional control from each
branch, facilitated by the system of checks and balances. This system ensures that each branch
maintains its proper place, with the president having the power to legislate, Congress
overriding the president's veto, and judges appointing with Senate confirmation.
Despite its limitations, checks and balances have proven effective in countering the separation
of powers and promoting self-control and cooperation. The Federalist Papers, authored by
influential figures, advocated for a more perfect federal government.
c- Bill of Rights
After 1776, state constitutions included provisions to protect civil rights, known as Bills of
Rights. These protected freedoms like speech, press, jury trial, and property seizure.
Americans believed these rights were violated by Great Britain.
The Federal Constitution, without a Bill of Rights, was opposed due to individual liberties.
The first Congress passed a "Bill of Rights" in 1789, establishing a new government. The US
Constitution has been amended 26 times since 1789.
