Origin and Evolution of the Federal Constitution

Key Insight

The thirteen colonies, after throwing off English rule, shared common religion, language, mores, and laws, and faced a common enemy, suggesting strong reasons for unity. Despite this, each colony's long-standing separate existence and local government had fostered distinct interests and customs, leading to a reluctance to enter a solid union that would diminish individual state importance. This created conflicting tendencies: one toward unity and another toward division among the Anglo-Americans.

Necessity maintained the principle of union during the war with the mother country, even though the laws governing this union were defective. However, once peace was concluded, the flaws in the initial legislation became acutely apparent. The federal government, inherently weak and no longer sustained by the threat of public danger, found its flag disrespected by European nations, struggled against Indian nations, and failed to pay debts from the War for Independence. Facing collapse, it officially declared its impotence in February 1787 and appealed to the constituent power for a fundamental change.

America's distinct achievement during this crisis was to calmly and fearlessly assess its government's failure, seeking a remedy for two years without conflict or bloodshed. An assembly, consisting of 55 members including prominent figures like George Washington (who presided), Madison, and Hamilton, drafted a new body of organic laws. This Constitution was then ratified by the states, one after another, leading to the new federal government beginning its functions in 1789, marking the end of the American Revolution with a peaceful transition of power.