The American government is based on the principles written down in the country’s leading document – the Constitution. Written more than 200 years ago, this document plays a central role in shaping American laws and traditions. Moreover, while other constitutions undergo constant changes, the American Constitution remains almost unchanged, with few amendments introduced over the years. The principles of government established in this document were elaborated in a bitter struggle between the Democratic Radicals and the Conservatives. The need for consensus and compromise helped to crystallize the essence of what was acceptable to both parties. Limited as it was, the American Constitution was a progressive document and determined the path of development for the country for years ahead.
The roots of the American government can be traced back to the aftermath of the American civil war and the results of the American War of Independence. The first governmental document adopted at that time was The Declaration of Independence. In the article found in the Interactive Constitution, “The Constitutional Convention of 1787: A Revolution in Government,” it is stated: “America’s Declaration of Independence, drafted by the young but rapidly-rising revolutionary leader Thomas Jefferson, and adopted by the revolutionary Continental Congress on July 4, 1776, marks the first attempt by the “United States” of America not only to justify their decision to separate themselves from the Empire of Great Britain but also to define some of the “unalienable rights” on which their revolutionary action was based” (Interactive Constitution. The Constitutional Convention of 1787: A Revolution in Government, para. 3). The Declaration’s adoption was a victory for the supporters of independence and a triumph of radical democratic views over conservative ones.
The Declaration of Independence differed significantly from the later, more moderate documents adopted by the Americans. It was an anti-feudal and anti-monarchist manifesto that proclaimed democratic freedoms: equality before the law, the people’s sovereignty, and their right to change the form of power. However, these proclaimed freedoms and equality did not mean the abolition of slavery; as Jeffrey Ostley states, “Some of those who sought independence aimed to protect the institution of slavery” (Ostley, 2021, para. 3). The true aim of this document was not to create equality in the literary sense but to finally separate the US from Great Britain, working on people’s feelings.
After the War of Independence, it became evident that the colonies could achieve independence only by uniting. The Second Continental Congress, held in the same year, was the central authority of the colonies throughout the war. The need for unity to oppose Great Britain overwhelmed the differences between Democratic Radicals and the Conservatives. The Articles of Confederation were adopted in 1781 as the first legal document of the USA.
Although the Confederation of American states did not have a unified government, some political foundations of American statehood were laid within its framework. Though Congress existed earlier, in this document, it was named a collective legislative organ, the tasks of which were to discuss the questions related to the whole territory of the USA. The fifth article of Confederation states: “For the most convenient management of the general interests of the United States, delegates shall be annually appointed in such manner as the legislatures of each State shall direct, to meet in Congress on the first Monday in November in every year” (Yale Law School. Articles of Confederation, para. 5). Thus, the need for deliberation between at that time independent states was recognized, and parties were getting ready for a compromise.
After the victorious end of the War of Independence, Congress adopted the landmark Northwest Ordinances, which created the legal basis for the territorial expansion of the United States and established the procedure for creating new states. However, when Congress tried to govern American states, it soon became clear that the restrictions imposed on this legislative body by the Articles of Confederation made the work of Congress inefficient. The All-American convention, held in Philadelphia from May to September 1787, was called upon to correct the situation and create a new constitution.
When the text of the Constitution was published, the split in American society reached its highest point. The radical Democrats accused the federalist Democrats of pushing through monarchical principles, indulging oligarchic tendencies, and forgetting the values of freedom (Interactive Constitution, The Federalists vs. the Anti-Federalists).
However, the federalists managed to convince the American society of the need for a closer union of the states. The federalists claimed that the united government would not curtail the states’ rights, and creating a single economic and political space would improve citizens’ quality of life. As a result, the state of New York, and other states, ratified the new Constitution, the first line of which says, “All legislative powers herein granted shall be vested in a Congress of the United States, which shall consist of a Senate and House of Representatives” (Yale Law School. US Constitution, para.1). In the latest version of the Constitution, the role allotted to the central government is strengthened due to several amendments introduced over the years. However, the essence of the main document is not changed.
American Constitution, elaborated in the heat of debates and sharp rhetoric, has recently celebrated more than 200 years of its existence. The differences, which accompanied the creation of this document, served to draw bridges between opposing views and find solutions acceptable for everyone. It can be inferred that the struggle between the Democratic Radicals and Conservatives led to the creation of a document, the principles of which remain unchanged due to their universal and genuinely democratic character.
References
Interactive Constitution. The Constitutional Convention of 1787: A Revolution in Government. Web.
Interactive Constitution. The Federalists vs. the Anti-Federalists. Web.
Ostler, J (2021). The shameful final grievance of the Declaration of independence. The Atlantic. Web.
Yale Law School. Lilian Goldman Law Library. Articles of Confederation: 1781. Web.
Yale Law School. Lilian Goldman Law Library. US Constitution. Web.