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A constitutional democracy is a form of government that is based on written laws and principles. It is designed to ensure that the power of the government is limited and checked through various mechanisms such as fragmentation, decentralization of power, and checks and balances. The United States transitioned to a constitutional democracy following the Declaration of Independence in 1776, which marked the separation of the American colonies from British control. The Articles of Confederation, which were adopted in 1781, served as the first constitution of the newly formed United States.
During the drafting of the Declaration of Independence in 1776, Richard Henry Lee of Virginia proposed a resolution in the Second Continental Congress calling for the establishment of a government for the United States.
Subsequently, Congress began working on the development of a formal government structure.
However, the urgent need to defend the United States against the powerful British military during the Revolutionary War led to a temporary halt in the government formation process.
Instead, Congress focused on raising and supporting the Army and Navy to combat the British forces.
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Additionally, individual states were preoccupied with creating and ratifying their own constitutions.
Throughout this period, Congress faced challenges such as having to evacuate Philadelphia multiple times to evade the British Army. In 1778, Congress presented the Articles of Confederation to the states with a three-year deadline for ratification. By 1781, the Articles were ratified, and the first constitution of the United States came into effect. This initial constitution allocated power primarily to the states, allowing them to retain their sovereignty without external interference.
The national government consisted of a Congress and a weak executive branch, with limited authority to impose taxes.
Following the end of the Revolutionary War in 1783, the deficiencies of the national government became more apparent.
While the states could unite to fight a common enemy, reaching a consensus on other matters proved challenging. By the mid-1780s, issues such as inter-state disputes, inflation of state-issued currency, and pressure from foreign nations for a stronger central government emerged. The prevailing concern among intellectuals was that excessive power in the hands of the people, through direct democracy, could pose a threat to the stability of the republic.
The Constitutional Convention convened in Philadelphia on May 14, 1787, with a limited number of delegates initially present. It took eleven days for enough delegates to arrive and establish a quorum. Seventy-four delegates were appointed by state legislatures, but only 55 attended the Convention, with around 30 to 40 delegates participating in most sessions. Notably, the delegates were tasked by their respective legislatures to propose amendments to the Articles of Confederation, which required approval from all thirteen states for any changes to be made.
However, Rhode Island's refusal to send delegates to the Convention hindered the possibility of amending the Articles. Despite this obstacle, the attending delegates decided to set aside the Articles and draft a new constitution, a decision that exceeded their original mandate. Although some delegates left the Convention and returned to their states, a quorum remained, allowing the work on the Constitution to progress. Debates during the Convention were intense, with little consensus reached on many issues.
Bargaining, conflict resolution, and compromise played crucial roles in advancing the Convention towards a final document. Many critical issues were resolved by narrow margins, with a simple majority often determining the outcome. It is important to note that the Founding Fathers did not always agree on every issue, and contentious topics like slavery were deferred for future deliberation. Similarly, debates over states' rights continue to be subjects of ongoing discussion and disagreement.
In conclusion, the transition to a constitutional democracy in the United States was a complex and challenging process that involved significant debate, negotiation, and compromise. The establishment of a system of government based on written laws and principles was essential in ensuring the protection of individual rights and the prevention of tyranny. While the Constitution created a framework for governance, the ongoing evolution of democracy in America reflects the dynamic nature of constitutional principles and the need for continuous adaptation to changing circumstances.
In What Way Is the Us Constitution Both Democratic and Undemocratic?. (2017, Feb 20). Retrieved from https://studymoose.com/in-what-way-is-the-us-constitution-both-democratic-and-undemocratic-essay
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