Q Describe in short the historical background of the USA. Constitution?
Q Give a brief historical background of the passing of American constitution?
Constitution:
a constitution is a set of fundamental principles or established precedents according to which a state or other organizations is governed. These rules together make up, i.e. constitute, what the entity is. When these principles are written down into a single documents, those documents may be said to comprise a written constitution. It is that body of rules and principles in accordance with which the powers of sovereignty are regularly exercised.
Following are some purpose of the constitution:
-To prescribe the permanent framework of a system of government
-To assign to the several departments their respective powers and duties
History of USA constitution:
In united states of America it was the peculiar set-up of the thirteen colonies which led to the evolution of the federation. These colonies, situated on the atlantic side largely peopled by English settlers, were of three different classes.
Firstly there were crown colonies each of which was ruled by a governor appointed by the British king.
The second class or proprietary colonies were under individuals who had been given the right to exercise the powers of government.
Lastly, there were the charter colonies in which the powers of government were conferred directly upon the freemen of the colony.
During the early part of the eighteenth century, the colonies had acquired a large means of self-governemnt means that they had the right to inititate legislation. The mother country however, controlled and regulated foregin trade that also to her own advantage. Naturally, the conflict between the colonies and the mother-country ensued. on one side the colonist did much to harass the representatives of the king while on the other hand there was a conflict over fundamental rights brought by early settlers of America in common law which resulted in enmity between them.
So long as the threat of French and Spaniard exited the colonies humbly submitted the mother country but with the passage of the French and indian war a new era began:
The French and Indian war: From 1754 to 1763 war fought over the land in America between the English and French. It was called the seven years war in Europe. the Indians helped the French in the war against the British. The british won, but at a cost of money.
Taxes: French and indian war cost a lot of money. Parliament decided to tax to colonies to help pay for it. The First tax was the stamp act of 1765, placed a tax on all printed material, such as newspapers. The sugar Act of 1764
No taxation without representation: The colonies claimed “no taxation without representation” because they were being taxed but had no vote in parliament.
A tax on tea: parliament began taxing the tea. Tea was the most important beverage in the colonies. The colonist decided to boycott all british tea
Boston tea party: on December 16, 1773 , 342 chests of tea belonging to the British East India Company were thrown from ships into Boston Harbor by American patriots disguised as Mohawk Indians.
Intolerable act: In retaliation parliament the law to punish the colonist for the Boston tea party. The port of Boston was closed and the quartering act was put into place which forced the colonists to quarter house and supply British soldiers.
Edenton tea party: The Edenton tea party was one of the earliest organized women’s political actions in United States history. The woman joined in boycott of British tea.
First continental congress: sept, 1774, a meeting in Philadelphia of delegates from all colonies except Georgia delgates halted trade with britian and alerted the colonial militia to prepare for war. Drefted declaration of rights that included the right to life, liberty and property. British leaders ordered their troops to seize the colonial militia’s weopons. Militias were set up. The first two battles of the American revolution were fought at Lexington and concord.
Second continental congress: the second continental congress met in Philadelphia to discuss the next move of the colonists. Delegates from 12 colonies met in Philadelphia in may 1775. Congress created the continental army and appointed George Washington as commander of the army. The French promised aid and ultimately the thirteen colonies declared war against England. War with great Britain was imminent.
Declaration of independence: the united states first needed to declare independence from great Britain. Thomas Jefferson, at the young age of 33, wrote the declaration of independence, signed on july 4, 1776. They are absolved from all allegiance to the british crown and free, and independent states have full power to declare war, conclude peace, contract alliances, and to do all other acts and things which independent states may of right do”
Articles of confederation: During the revolution the new united states needed a functioning government. After the colonies declared their independence in 1776 the leaders needed a government to oversee the operation of the war and if victorious help the country settle to peace. On july 11, 1776, a committee was appointed which drafted the articlaes of confederation. It was 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 were hardly anything more than conventions. They had no binding force the congress of the states was to control the affairs of the states but it had no real powers. The weakness of the confederation became apparent soon after the war. The britishers recognized the independence of the colonies by the treaty of Versailles in 1783. Soon after the victory, there was a crisis in the life of the infant nation. As soon as the common danger which brought th4e states together was over, inter-state jealousy began to develop. The trade suffered heavily. But soon luck favoured the united states of America. An opportunity presented itself and the leaders of th enation succeeded in retaining their union intact.
The constitutional convention (Philadelphia convention):. In order to consider the extension of the power of the confederation with regard to the commerce, in September 1786, a conference was called at Annapolis. Only five states attended the conference. Alexander Hamilton, one of the delegates, induced the conference to call upon the congress to summon a convention of delegates of all states to meet at Philadelphia to consider the question of amending the articles of the constitution and to revise articles of confederation. Accordingly, the congress summoned the famous, convention in Philadelphia, Pennsylvania at independence hall from May of 1787 to sept. 1787 where 55 delegates representing their states attended it except Rhode Island. George Washington, who’d become a national hero was selected as president of the convention by unanimous vote. They had two aims before them, to establish a stable central government to bring order and cohesion among the states and to preserve as much as possible the independence of states. following formulas was put forward during discussion:
Virginia plan: Virginia plan proposed by james Madison also called larger state plan establishes a national government with 3 branches. It establish a bicameral congress means, people elect 1 house and that house elects 2nd house. Representation in both houses based on state population.
New jersey plan: William Patterson proposed the new jersey plan came to be know as small states plan. It establish unicameral congress, each state to have 1 vote and equal representation.
After sixteen weeks of hot discussion, on September 17, 1787, brief document embodying the constitution of the new government of the united states was signed unanimously by the states as agreed upon in the Philadelphia convention and enforced on 4th march, 1789.
The constitution consisted of seven articles, it was designed to set up a federal government of limited power and to protect the rights of the states. Articles I-III focus on the power and authority belonging to the three branches of the federal government: the Legislature, the Executive, and the Judiciary. 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.
National powers: state level powers
Military – schools
Nations foreign policy – public health and safety
dealing with trades – criminal laws -marriage laws
Bill of right The Constitution, as ratified, did not provide for protection of civil liberties. These were established through the Constitution’s first ten Amendments, known as the Bill of Rights, in1789 by james Madison. .These amendments add to the Constitution specific guarantees of personal freedoms and rights, clear limitations on the government’s power in judicial and other proceedings.
THE CONSTITUTION TODAY
The constitution is still the supreme law of the land in the united states today and is the oldest, written constitution that has continuously remained in effect in the world.. it consisted of only 7 articles covering not more than 9 pages. it only provided a skeleton system It has been the nation through good times and times of conflict. Amendment to the constitution over the past two centuries have abolished slavery (13th), assured women of the right to vote (19th) and addressed other important issues in American life.
Everyday, courts at all levels refer to the rules and principles set out in the constitution as they settle cases, especially those involving the rights of American citizen. The us constitution has been called the miracles of Philadelphia. It did not make everyone a perfect citizen, or fix every injustice of that time or our own. The constitution did show how “we the people” could rule ourselves, without kings, dictators, or emperors to order us around.
