American Government

The Articles of Confederation were adopted by the Second Continental Congress on November 15, 1777, but did not become effective until March 1, 1781, when they were finally approved by all 13 states. Under the Articles, the national government consisted of a unicameral (one-house) legislature (often called the Confederation Congress); there was no national executive or judiciary. Delegates to Congress were appointed by the state legislatures, and each state had one vote. Congress had the authority to declare war, develop foreign policy, coin money, regulate Native American affairs in the territories, run the post office, borrow money, and appoint army and navy officers. Quite significantly, however, all powers not specifically delegated to Congress belonged to the states.

Congress did not have the direct power to tax or to regulate interstate and foreign trade. It could only ask the states for money with no means to compel payment, and the states had the right to impose their own duties on imports, which caused havoc with commerce. Congress had no authority to raise an army on its own and had to requisition troops from the states. All major policy issues — war and peace, treaties, the appropriation of funds — required the approval of nine states. The Articles reflected the nation's concern about executive power; however, the lack of an executive meant there was no effective leadership. A unanimous vote of the states, acting through their legislatures, was necessary to amend the Articles.

The need for a stronger national government was aired by the representatives of five states, including Alexander Hamilton and James Madison, at the Annapolis Convention (September 1786). The inability of Congress to deal with Shay's Rebellion (winter of 1786–1787), a revolt of debtor farmers in western Massachusetts, made the shortcomings of the Articles clear. In February 1787, Congress agreed to hold another meeting "for the sole and express purpose of revising the Articles of Confederation."

Fifty-five delegates from 12 states (Rhode Island did not participate) met in Philadelphia in May 1787. While authorized only to "revise" the Articles of Confederation, the participants moved quickly to develop a new structure for the government.

The early debates centered on a proposal by James Madison known as the Virginia Plan. Supported by the large states, it called for a bicameral (two-house) legislature empowered to make laws. The lower house was elected by voters in each state, and the upper house was chosen by the lower house from candidates nominated by the state legislatures. Representation in both houses was based on population. The executive was chosen by the legislature for one term and was responsible for executing all laws. The legislature also appointed the judges to one or more supreme courts and lower national courts. A Council of Revision made up of the executive and judges could veto laws passed by the legislature or the states; a vote by both houses was needed to override a veto by the Council.

The small states supported a less radical departure from the Articles of Confederation. The New Jersey Plan kept the one-house legislature, with its powers expanded to include raising revenue and regulating commerce. Each state had one vote, and the members were chosen by the state legislatures. A multiperson executive elected by the legislature was proposed. The executives, who were removable by action of the majority of the governors, also appointed judges to the Supreme Court. Laws passed by the legislature were binding on the states, and the multiperson executive was authorized to compel obedience to the law.

The New Jersey Plan was rejected, but the apportionment of representation in Congress continued to divide the Convention. The large states wanted proportional representation (by population), and the small states demanded equal representation (one state, one vote). The Great Compromise (also known as the Connecticut Compromise) provided that seats in the House of Representatives would be apportioned according to the population of each state, with members elected directly by the people. In the Senate, each state would have two senators, voting independently, chosen by their legislatures.

Slaves were a significant percentage of the population in the Southern states. The issue of whether or how to count slaves was resolved by a formula used by Congress in 1783. For purposes of representation in the House and assessing direct taxes to the states, population was determined by adding the "whole number of free persons" and "three-fifths of all other persons." The phrase "all other persons" meant slaves. In addition to adopting the Three-Fifths Compromise, the delegates to the Convention allowed the slave trade to continue by denying Congress the power to prohibit it before 1808 and agreed that fugitive slaves should be returned to their masters.

The Convention accepted a one-person executive but hotly debated how the president should be elected (by Congress or the people) and the term of office. The solution was the Electoral College. The legislatures of each state chose electors equal to their total number of representatives in Congress. The electors then voted for two people, one of whom could not be from their state. The individual who received the most votes became president and the person with the next highest total became vice president. In the event of a tie, the House of Representatives decided the election and each state had one vote. The president's term of office was set at four years, and no express limit was put on the number of terms.

The Constitution, which was approved by the delegates to the Convention on September 17, 1787, established a republican form of government, explained the organization of that government, and outlined the federal system.

The Constitution established the United States as a republic in which power ultimately is in the hands of the people and is exercised by their elected representatives. The Republic was not a democracy in the modern sense, however. The framers of the Constitution, many reluctantly, accepted slavery. There were property qualifications for voting, and some states denied the right to vote to religious minorities. Women did not get to vote in the national elections until 1920 (Nineteenth Amendment). The original draft of the Constitution did not include protection of basic civil liberties.

The government's functions are divided among three branches: the legislative branch that makes the laws (Congress), the executive branch that carries out the laws (president), and the judicial branch that interprets the laws (courts). This division is known as the separation of powers. In addition, under the system of checks and balances, the powers of one branch of government are limited by the powers given to another branch. Congress makes laws, but the president can veto legislation. Congress can override a president's veto with a two-thirds vote of both houses (a check on a check). While the president appoints judges to the Supreme Court, the Senate can reject an appointee through its power to give "advice and consent."

Federalism means the division of power between the national government and the states. The Constitution does not clearly define, however, the areas in which these powers are exercised. Keeping in mind that the framers were determined to strengthen the national government, it is not surprising that the powers belonging to the states were left vague.