1

Tabel of Content
The History of the Framing and Making of the U.S. Constitution
No Summary Page No
1 Introduction 2

2 Background 2

3 Waging War and Adoption of the Constitution 3

4 Weak Central Government 3

5 Framing the Constitution 4

6 Ratification 4

7 Articles of the Constitution

8 Conclusion 6

9 Bibliography 7
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1. Introduction

The Constitution of the United States stands as one of the most influential legal documents in the
history of political governance. It not only laid the foundation for the U.S. federal government
but also inspired constitutional movements across the globe. The path to its creation was neither
short nor simple. It was rooted in colonial discontent, Enlightenment ideals, wartime necessities,
and compromises born of political realism. Philosophers such as Montesquieu and Rousseau
helped spark revolutionary thinking about governance, liberty, and rights.1

This assignment seeks to explore the origin and evolution of the U.S. Constitution by analyzing
its background, the war that catalyzed change, the weaknesses of the Articles of Confederation,
the process of constitutional drafting, the ratification debate, and the key contents of the
Constitution.

2. Background

The American colonies, initially under British rule, were subject to increasing economic and
political control from the Crown, particularly following the Seven Years' War. The imposition of
taxes such as the Stamp Act (1765) and the Townshend Acts (1767) without colonial
representation sparked resistance based on the principle of "no taxation without representation."
Enlightenment thinkers like John Locke and Montesquieu greatly influenced colonial
intellectuals, emphasizing ideas like natural rights, separation of powers, and social contract. 2

These ideologies inspired colonial demands for self-governance. The First Continental Congress
(1774) and subsequently the Second Continental Congress (1775) laid the groundwork for united
colonial action. The Declaration of Independence in 1776, authored primarily by Thomas
Jefferson, declared the colonies' intention to break away from British rule and marked the
beginning of a long journey toward forming a new system of governance based on democratic
principles.3

1
Jean-Jacques Rousseau, The Social Contract, trans. Maurice Cranston (Penguin Books, 1968).
2
John Locke, Two Treatises of Government, ed. Peter Laslett (Cambridge University Press, 1988).
3
Bernard Bailyn, The Ideological Origins of the American Revolution (Harvard University Press, 1967).
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3. Waging War and Adoption of the Constitution

The Revolutionary War (1775–1783) played a significant role in shaping the need for a unifying
legal document. During the war, the Second Continental Congress functioned as a de facto
national government, but it lacked formal authority and structure. In 1777, the Articles of
Confederation were drafted and adopted by the Congress as the first constitution of the United
States, though they were not ratified by all thirteen states until 1781.4

While the Articles provided a framework for unity during the war, they failed to empower the
central government sufficiently. The federal authority lacked power to tax, regulate commerce, or
enforce laws directly upon the citizens. These weaknesses became more evident after the war,
during the economic crises and interstate conflicts that ensued.5

The Treaty of Paris (1783), which formally ended the war, left the U.S. in a fragile state,
struggling to maintain unity and establish global credibility.6

4. Weak Central Government

Under the Articles of Confederation, the federal government consisted of a single-chamber

The inability of Congress to raise revenue and maintain a standing army demonstrated the urgent
need for reform. These challenges led to the Annapolis Convention (1786), which called for a
broader constitutional convention. The weaknesses in the Articles highlighted that a more robust
and adaptable framework was necessary for the survival of the young republic.8

5. Framing the Constitution

4
Richard B. Morris, The Forging of the Union, 1781–1789 (Harper & Row, 1987), pp. 112–140.
5
Jack N. Rakove, Original Meanings: Politics and Ideas in the Making of the Constitution (Knopf, 1996), pp. 31–57.
6
Gordon S. Wood, The Creation of the American Republic, 1776–1787 (University of North Carolina Press, 1969),
pp. 322–347.
7
Max M. Edling, A Revolution in Favor of Government (Oxford University Press, 2003), p. 199.
8
Akhil Reed Amar, America’s Constitution: A Biography (Random House, 2005), p. 93.
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In May 1787, delegates from twelve states (except Rhode Island) gathered at the Philadelphia
Convention. Though initially convened to revise the Articles, the delegates, led by figures such
as James Madison, Alexander Hamilton, and George Washington, decided to draft a completely
new document. The framers drew heavily from Enlightenment philosophy and practical
experience. Madison, often dubbed the "Father of the Constitution," advocated for a system of
checks and balances and a strong federal government. The Virginia Plan proposed a bicameral
legislature based on population, while the New Jersey Plan called for equal representation. The
resulting Connecticut Compromise merged the two ideas, creating a Senate with equal
representation and a House based on population.9

Other compromises included the Three-Fifths Compromise, allowing states to count three-fifths
of their enslaved population for representation and taxation, and the Commerce Compromise,
which limited congressional regulation of slave trade for 20 years. The framers emphasized
federalism, separation of powers, and a system of checks and balances to prevent tyranny.10

These principles reflected the deep mistrust of centralized authority borne out of colonial
experience.

6. Ratification

Once the Constitution was signed on September 17, 1787, it required ratification by at least nine
states to become effective. This process sparked intense debate between Federalists, who
supported the new Constitution, and Anti-Federalists, who feared it gave too much power to the
central government and lacked individual protections. To gain broader support, Federalists,
including Madison, Hamilton, and John Jay, wrote the Federalist Papers, a series of 85 essays
defending the Constitution.11

In response to Anti-Federalist concerns, the Federalists promised to add a Bill of Rights, leading
to the Constitution’s eventual ratification in 1788. The first ten amendments, collectively known

9
Catherine Drinker Bowen, Miracle at Philadelphia (Atlantic Monthly Press, 1966), pp. 178–189.
10
Forrest McDonald, Novus Ordo Seclorum (University Press of Kansas, 1985), pp. 256–273.
11
Alexander Hamilton, James Madison, and John Jay, The Federalist Papers, ed. Clinton Rossiter (Signet Classic,
2003).
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as the Bill of Rights, were ratified in 1791, guaranteeing civil liberties such as freedom of
speech, religion, and due process.12

7. Articles of the Constitution

The U.S. Constitution is divided into a preamble and seven articles:

Article I establishes the legislative branch, granting Congress its powers and limitations.

Article II creates the executive branch, defining the roles and powers of the President.

Article III sets up the judicial branch, including the Supreme Court.

Article IV addresses states’ powers and interactions.

Article V outlines the amendment process.

Article VI establishes the Constitution as the supreme law of the land.

Article VII details the procedure for ratification.

These articles reflect the framers’ intent to create a balanced system of governance where powers
are shared and regulated through institutions. The Constitution’s brevity and flexibility have
allowed it to endure for over two centuries, adapting to social and political changes. The
inclusion of the amendment process (Article V) has proven crucial in updating the document to
reflect changing societal values.13

8. Conclusion

12
Pauline Maier, Ratification: The People Debate the Constitution, 1787–1788 (Simon & Schuster, 2010).
13
Bruce Ackerman, We the People: Foundations (Harvard University Press, 1991), p. 114.
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The making of the U.S. Constitution was a product of historical necessity, intellectual brilliance,
and political compromise. Emerging from the failures of the Articles of Confederation, shaped by
Enlightenment ideals, and guided by the pragmatic wisdom of the founding fathers, the
Constitution provided a durable framework for democratic governance. Its ratification marked
the birth of a new political order—one that balanced authority and liberty, unity and diversity,
and state and federal interests. To this day, the U.S. Constitution continues to be a living
document, inspiring movements for justice and democratic reform around the world.14

14
David Brian Robertson, The Original Compromise (Oxford University Press, 2013).
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Bibliography
Ackerman, Bruce, The Failure of the Founding Fathers: Jefferson, Marshall, and the Rise of Presidential
Democracy (Harvard University Press, 2005).

Amar, Akhil Reed, America's Constitution: A Biography (Random House, 2005).

Beeman, Richard, Plain, Honest Men: The Making of the American Constitution (Random House, 2009).

Chowdhury, M. Jashim Ali, Comparative Constitutional Law: Issues, Debates and Stories from the US, UK
and Indian Jurisdictions (Shrabon Prokashoni, 2020).

Ellis, Joseph J., Founding Brothers: The Revolutionary Generation (Vintage Books, 2000).

Hossain, Kamal, Bangladesh: Quest for Freedom and Justice (University Press Limited, 2013).

Islam, Mahmudul, Constitutional Law of Bangladesh (Mullick Brothers, 2012).

Maier, Pauline, Ratification: The People Debate the Constitution, 1787–1788 (Simon & Schuster, 2010).

Rakove, Jack N., Original Meanings: Politics and Ideas in the Making of the Constitution (Vintage Books,
1996).

Wood, Gordon S., The Creation of the American Republic, 1776–1787 (University of North Carolina Press,
1998).