Constitutions - An Introduction

 "A constitution is a code of rules laying down both the framework and powers of the government and the relationship between the government and the governed". 

                                                                                                                             (AJ Bennett, 'British and American constitutions compared'. Politics Review.)

 What Does a Constitution Do?

• Lays down the powers of office holders
• Establishes the procedures by which they are chosen
• Establishes the period for which they serve
• Specifies the relationship between the branches of government
• Establishes citizens' rights

Background to the US Constitution

The 13 original British colonies (1776), Georgina, S Carolina, N Carolina, Virginia, Maryland, Pennsylvania, New York, New Hampshire, Massachusetts, Rhode Island, Connecticut, New Jersey and Delaware, were situated along the eastern seaboard of the US from Maine in the north to Georgia in the south. Some were the creations of commercial interests, others of religious groups. 

All the colonies had written charters setting out their form of government and the rights of colonists. Democracy was limited, while each colony had a governor, a legislature and a judiciary. However, each also had a property qualification for voting, from which women and blacks were excluded. (Was not a democratic system until Great Reform Act 1832). 

The British view by 1775 (with King George III on the throne) was that the American colonies existed mainly to the economic benefit of the UK. While the colonists had to pay taxes to the British government, they had no representation in Parliament. 

In 1775, the American colonies revolted and on 4 July 1776, they issued the Declaration of Independence, penned by Thomas Jefferson (a Virginia delegate). 

In 1781, following the war of independence, the 13 American states agreed upon the Articles of Confederation.

These Articles established a system of national government but it was a weak confederation and the states were largely autonomous. There was a legislature, or Congress, but its powers were limited. There was no executive branch to administer and direct the application of policies. 

Many of the leaders of the revolutionary war, including George Washington, called a constitutional convention. This was held in Philadelphia in 1787. 12 states sent delegates and they became known as the 'founding fathers'. 

The Philadelphia Convention spent four months thrashing out a new system of government, one that had a strong centre while still preserving states' and individual's rights. 

The convention initially considered two plans:

1. The New Jersey Plan, favoured by states with smaller populations - was designed merely to strengthen the Articles of Confederation.
2. The Virginia Plan, favoured by states with larger populations - was much more radical e.g. wanting more centralised authority, accountable directly to the people.

In the end, a compromise was reached and the framers decided that the national government should have much stronger powers than those provided for in the Articles of Confederation, although there would be provisions to ensure it didn't become too over-powerful. At the same time, the states would be assured of their rights.

This became known as the Connecticut Compromise.

The "stroke of genius" was in the plan's recommendation that the new national legislature should be made up of two chambers:

• The lower house - the House of Representatives

• The upper house - the Senate