History of the United States Constitution Facts for Kids

The history of the United States Constitution tells us how the government of the United States works. It explains the rule of law and the rights given to its citizens. Important leaders signed this document in Philadelphia on September 17, 1787. It replaced the Articles of Confederation, which was the new nation's first constitution. The government under the Articles was not strong enough. So, a meeting was called in Philadelphia on May 25, 1787. Most people there knew a new, stronger government was needed.

The First Constitution: The Articles of Confederation
- Why the First Constitution Was Weak
The Constitutional Convention
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The First Constitution: The Articles of Confederation

Before the U.S. Constitution, there was the Articles of Confederation. This was America's first attempt at a national government. The Articles created a loose group of thirteen independent states. These states mostly worked together on foreign policy. For everything else, they acted like separate countries.

The biggest problem with the Articles of Confederation was that it didn't connect directly to the people. It focused on the power of each state. Each state collected its own taxes and had its own army. They even printed their own money! The new government had a weak Congress. There was no president or executive branch. Leaders were worried about a strong central government because of their recent bad experience with King George III of Britain.

In Congress, each state had only one vote. This meant small states had the same voting power as much larger states. To change the Articles, every single state had to agree. This was almost impossible because each state had different interests.

Why the First Constitution Was Weak

The weaknesses of the Articles quickly became clear. Congress could not collect taxes. This meant it couldn't properly pay for a war or support the country. The central government also couldn't make trade agreements with other countries. It couldn't even settle arguments between states. American ships were being attacked by pirates, and the government couldn't protect them.

The states themselves faced big money problems. They printed too much paper money, which caused inflation. In some places, a pound of tea could cost $100! Farmers were in trouble. Many were losing their farms because they couldn't pay their debts or taxes.

There was an attempt to fix the Articles in 1786. A committee suggested several changes. These changes would give Congress more power over trade and taxes. They also suggested a national court system. However, these ideas were never voted on and didn't become law.

The Constitutional Convention

"Nothing spoken or written can be revealed to anyone — not even your family — until we have adjourned permanently. Gossip or misunderstanding can easily ruin all the hard work we shall have to do this summer." -George Washington, presiding officer.

Congress had asked the delegates to simply amend (change) the Articles of Confederation. But almost right away, they started talking about creating a completely new government. The debates lasted all summer in 1787. Sometimes, the arguments became so heated that it seemed the meeting might end early.

Who Attended the Convention?

Signing of the Constitution, a painting by Thomas Prichard Rossiter (1818-1871)

Seventy-four delegates were chosen for the convention, but only 55 actually attended. The state of Rhode Island refused to send anyone. They thought the convention was a secret plan to overthrow the current government. Patrick Henry of Virginia also refused to go, saying he "smelt a rat." He suspected James Madison wanted to create a new government. Henry believed states were best at protecting people's rights.

Many important leaders were not there. Thomas Jefferson and John Adams were on diplomatic missions in other countries. John Jay was in New York. Still, many famous people did attend. These included Benjamin Franklin, James Wilson, Alexander Hamilton, George Mason, John Dickinson, Gouverneur Morris, and George Washington. Many others became known as the "framers" of the Constitution.

The meetings were held in secret. Reporters and visitors were not allowed. There were even armed guards at the doors. This secrecy made some people even more suspicious. Many delegates had risked their lives fighting the British during the Revolution. Now, they worried about how their states would react to abandoning the Articles of Confederation.

The Virginia Plan

James Madison spent the winter of 1787 studying different types of governments from history. He arrived in Philadelphia with many ideas. His plan was presented by Edmund Randolph, the Governor of Virginia. This plan became the main idea for the new U.S. government.

Madison's plan suggested three branches of government. These branches would have checks and balances. This means each branch could limit the power of the others. This would stop any one branch from becoming too powerful. Madison's plan for the legislature (law-making body) had two parts, or houses. In one house, members would be elected by the people for three years. In the other, members would be chosen by state legislatures for seven years. The number of representatives for each state in both houses would depend on the state's population.

Other Ideas for the New Government

After discussing the Virginia Plan for two weeks, William Patterson offered his own idea, called the New Jersey Plan. This plan was more like the Articles of Confederation. It suggested a unicameral (one-house) legislature where all states had one vote. One important idea from Patterson's plan was kept: state laws that went against federal laws would be canceled.

Alexander Hamilton also offered a plan. It was based on the British Constitution. It also had two houses. Members of the upper house would serve as long as they behaved well.

Creating the New Constitution

Finally, the delegates reached a compromise between all the different plans. The new government would have two houses in its legislature. The upper house would have an equal number of representatives from each state. The lower house would have representation based on population.

The executive branch (led by the president) would handle most foreign affairs. Other important powers, like approving treaties, would belong to the legislative branch. After the states approved the new Constitution, it officially started in 1789.