Democracy in America
The founding fathers of the United States were tasked with the responsibility of creating a brand-new government. The Constitution of the United States established America’s national government and fundamental laws and guaranteed certain basic rights for its citizens. It was signed on September 17, 1787, by delegates to the Constitutional Convention in Philadelphia. Under America’s first governing document, the Articles of Confederation, the national government was weak, and states operated like independent countries. At the 1787 convention, delegates devised a plan for a stronger federal government with three branches—executive, legislative and judicial—along with a system of checks and balances to ensure no single branch would have too much power. The Bill of Rights were 10 amendments guaranteeing basic individual protections, such as freedom of speech and religion, that became part of the Constitution in 1791. To date, there are 27 constitutional amendments. (15)(16)
America’s first constitution, the Articles of Confederation, was ratified in 1781, a time when the nation was a loose confederation of states, each operating like independent countries. The national government was comprised of a single legislature, the Congress of the Confederation; there was no president or judicial branch. The Articles of Confederation gave Congress the power to govern foreign affairs, conduct war and regulate currency; however, in reality these powers were sharply limited because Congress had no authority to enforce its requests to the states for money or troops.
Soon after America won its independence from Great Britain with its 1783 victory in the American Revolution, it became increasingly evident that the young republic needed a stronger central government in order to remain stable. (17)
In 1786, Alexander Hamilton, a lawyer and politician from New York, called for a constitutional convention to discuss the matter. The Confederation Congress, which in February 1787 endorsed the idea, invited all 13 states to send delegates to a meeting in Philadelphia.(18)
On May 25, 1787, the Constitutional Convention opened in Philadelphia at the Pennsylvania State House, now known as Independence Hall, where the Declaration of Independence had been adopted 11 years earlier. There were 55 delegates in attendance, representing all 13 states except Rhode Island, which refused to send representatives because it did not want a powerful central government interfering in its economic business. George Washington, who’d become a national hero after leading the Continental Army to victory during the American Revolution, was selected as president of the convention by unanimous vote. (19)
The delegates (who also became known as the “framers” of the Constitution) were a well-educated group that included merchants, farmers, bankers and lawyers. Many had served in the Continental Army, colonial legislatures or the Continental Congress (known as the Congress of the Confederation as of 1781). In terms of religious affiliation, most were Protestants. Eight delegates were signers of the Declaration of Independence, while six had signed the Articles of Confederation. (20)
At age 81, Pennsylvania’s Benjamin Franklin (1706-90) was the oldest delegate, while the majority of the delegates were in their 30s and 40s. Political leaders not in attendance at the convention included Thomas Jefferson (1743-1826) and John Adams (1735-1826), who were serving as U.S. ambassadors in Europe. John Jay (1745-1829), Samuel Adams (1722-1803) and John Hancock (1737-93) were also absent from the convention. Virginia’s Patrick Henry (1736-99) was chosen to be a delegate but refused to attend the convention because he didn’t want to give the central government more power, fearing it would endanger the rights of states and individuals. (21)
Reporters and other visitors were barred from the convention sessions, which were held in secret to avoid outside pressures. However, Virginia’s James Madison (1751-1836) kept a detailed account of what transpired behind closed doors. (In 1837, Madison’s widow Dolley sold some of his papers, including his notes from the convention debates, to the federal government for $30,000.) (22)
The delegates had been tasked by Congress with amending the Articles of Confederation; however, they soon began deliberating proposals for an entirely new form of government. After intensive debate, which continued throughout the summer of 1787 and at times threatened to upset the proceedings, they developed a plan that established three branches of national government–executive, legislative and judicial. A system of checks and balances was put into place so that no single branch would have too much authority. The specific powers and responsibilities of each branch were also laid out. (23)
Among the more difficult issues was the question of state representation in the national legislature. Delegates from larger states wanted population to determine how many representatives a state could send to Congress, while small states called for equal representation. The issue was resolved by the Connecticut Compromise, which proposed a bicameral legislature with proportional representation of the states in the lower house (House of Representatives) and equal representation in the upper house (Senate). (24)
Another controversial topic was slavery. Although some northern states had already started to outlaw the practice, they went along with the southern states’ insistence that slavery was an issue for individual states to decide and should be kept out of the Constitution. Many northern delegates believed that without agreeing to this, the South wouldn’t join the Union. For the purposes of taxation and determining how many representatives a state could send to Congress, it was decided that slaves would be counted as three-fifths of a person. Additionally, it was agreed that Congress wouldn’t be allowed to prohibit the slave trade before 1808, and states were required to return fugitive slaves to their owners. (25)
The children became excited to learn that their guide in the park, Mrs. Quinn, is a retired federal judge who just happens to love to garden and volunteers to manage the flower beds. She led them along a path to learn an appreciation for the democratic system by letting them “live” the experience. They had now reached a point that they understood that what they were missing was liberty, one of our “inalienable rights to the pursuit of happiness,” she tells them. “When we have equal opportunities to choose from instead of guaranteeing equal results like communism, we are seeking the same freedoms as the founder of this great country.” (26)
Preamble of the Constitution
The children had reached a consensus and found a better way to share the park - the freedom to choose what is best for each. Their plan reflected their core values, combining individual choice with equal opportunity, striving for the common good and choosing representatives to guide the process. Mrs. Quinn shared that she had learned from the experience in the park with the children that, like gardening, democracy has to be chosen and nurtured for it flourish and thrive. (27)
“We the People of the United States in order to form a more perfect Union, establish Justice, insure domestic Tranquility, provide for the common defence, promote the general Welfare, and secure the Blessings of Liberty to ourselves and our Posterity, do ordain and establish this Constitution for the United States of America.” (28)
Preamble: The first part of something; an introduction
We the people of the United States: All the people in our country including kids
In order to form a more perfect union: To come together and make things better for everyone who lives in our country
Establish justice: To make things fair and honest for everyone
Insure domestic tranquility: To make sure we can all have a nice life and get along with one another
Provide for the common defense: To protect us from other people or countries who might try to harm us, as in a war and to help us if we have been harmed
Promote the general welfare: To help make life good for everybody. Having enough to eat, a place to live, being safe, and having friends and fun times are some of the things that make our lives good.
And secure the blessings of liberty: To protect our rights and freedoms and not let anyone take them away. Being able to choose our religion, to say what we think, and to get together with friends, family and other people are some of the freedoms we have.
To ourselves and our posterity: For kids, parents other grown-ups and all the people born in our country after we are
Do ordain and establish this constitution: To write down, and then to live by a list of rules and promise for our government to keep and our people to obey
For the United States of America: Our country – where we live
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