Problems in the Creation of the US Constitution

Before the creation of the US constitution, the country was governed by a loose set of Articles of Confederation drafted in 1777. The creation of a constitution that would provide for an effective central government and independent states became essential. The long drafting process involved various challenges, as well as compromise and cooperation among the creators of the constitution. The result was a constitution that protects the rights of citizens and upholds federalism.
  1. Separation of Power

    • The separation of power between the national government and the states was one of the most problematic areas in creating a constitution. The contention was between federalists who wanted a strong national government and anti-federalists who were proposing stronger, more independent states. After a compromise between the opposing sides, the constitution allowed for a federal government with general powers. The federal government would be comprised of an executive, legislative and judiciary branch. Although states were left to largely govern themselves, the federal government was given the authority to overrule the states in some instances, such as with immigration policy.

    Slavery

    • The constitution does not mention slavery. But during the creation of the constitution, the slave trade and the status of slaves were contentious issues. The southern states supported the slave trade, while the northern states were against it. Notably, some northern states were allied to southern states, thus making it difficult to completely vote against the slave trade. Following a compromise, the southern states allowed the slave trade to come to end progressively after 20 years. In exchange, export taxes on slaves would be lifted before the trade came to an end. The slave trade prohibition was effective on January 1, 1808. However, slavery did not end in 1808, as certain states continued with illegal slave trade. Slavery was officially abolished in the US with the ratification of the 13th amendment on December 6, 1865.

    The Bill of Rights

    • Although the Bill of Rights is one of the most essential parts of the US Constitution, it did not appear in the early drafts. Some of the framers did not find it necessary, because every state had its own constitution and its own bill of rights. Other framers contended that the Bill of Rights be included as an integral part of the constitution. After much negotiation, the framers finally agreed to attach a formal Bill of Rights, protecting individual liberties, to the constitution in December 1791.

    The Executive

    • The method of choosing a president that would represent all the states was also challenging. The challenge was brought about by factors such as the presence of 13 states that were opposed to a central government. Political parties could also not be trusted to elect a representative president. Some framers proposed that Congress choose the president, while others preferred popular vote and still others supported state legislatures to choose a president. In the end the framers settled upon the Electoral College. In this system, a number of electors represent each state, and vote for the president on behalf of the other citizens of the state, who have participated in a popular vote.

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