September 17, 1787.
Who would have thought it? The first Constitution of the United States didn’t last very long (1781-1787) and was considered a rather dismal failure. These Articles of Confederation did little more than bring together a loose confederation of states that operated like independent sovereign countries. There appeared to be an abundance of apparent deficits:
• The president was considered a “presiding officer” without executive power.
• There was no national judicial branch.
• No way existed to enforce requests for raising money or calling up troops.
• The governance of foreign affairs, war conduction, or currency regulation was powerless.
• Commerce regulation among the states was not possible.
In 1786 anarchy seemed apparent if not inevitable among the13 states. A call came to amend the Articles of Confederation. That became doomed to failure so a decision was made to write an entirely new Constitution. Delegates numbering 74 were appointed to the Convention. Fifty-five showed up. Of the 13 states, Rhode Island refused to send delegates. The major debates centered on a strong national government (Federalist) over against the sovereign powers of each state (Anti-Federalist).
It got worse before it got better. The sessions of the Convention were held in secret. The debates and battles raged on for four months about the three possible divisions of a new federal government. General agreement slowly emerged that there should be checks and balances among the branches of government to prevent abuse and over-reaching of power.
Small and large states could not agree on how Legislative representation was to be determined. That dilemma was settled with a compromise for a bicameral legislative body with a lower House and an upper Senate. The people problem didn’t stop there and finally a slave was determined to be 3/5 of a person (science and humanity for that decision evades me).
Rampant and contentious fear ran amok that a president would bring monarchy and king-ship to the government because of the power of enforcement. Other delegates considered the president little more than a “desk clerk” for the legislative body actions.
The Articles of Confederation did not provide for a Judiciary. That task was established to “say what the law is” in judicial review. Alexander Hamilton indicated this branch was the “least dangerous” branch of government and that it had “neither force nor will but merely judgment.” Really? This shortest and least specific of the constitutional provisions has become one of the most controversial issues in American government.
Despite the confusion and rancor, the Great Compromise evolved with plans for the executive, legislative and judicial branches. It would take nine of the 13 states to ratify this new Constitution. Out of the continuing debates came the Federalist (strong central government) and the Anti-Federalist (strong state government). Ratification was touch and go with concerns that this would not pass muster with nine states. Had it not been for a list of amendments (proposed by Anti-Federalists) that eventually became the Bill of Rights, it is highly doubtful that ratification would have occurred.
Ratification happened and became effective on Sept. 17, 1787. The rest is our ongoing history as natural-born and naturalized citizens.
So, what is Constitution Day? This is a day to commemorate from whence we have come and the nature of our government. The day has morphed from Constitution Day (1911) to “I Am an American Day” (1939) to Citizenship Day and Constitution Day (2004). Since 2005, the U.S. Department of Education law provides that educational information about the Constitution be provided to all government-funded school and federal agencies.
What are we to do with this? The Preamble from our Constitution might suggest some starters:
“We the People of the United States, in Order to form a more perfect Union, establish Justice, insure domestic Tranquility, provide for the Blessing of Liberty to ourselves and our Posterity, do ordain and establish this Constitution for the United States of America.”
Some possibilities and challenges:
• Register to vote.
• Become informed about issues and candidates.
• Participate in voter engagement.
• Show up to vote.
• Learn about gerrymandering, voter education and engagement, Electoral College and elected officials.
If we do not do this, you may be assured there are those who will be happy to do this for us.
• carolyn V Brown is a resident of Douglas.
