What were the factors that worked in the drafting of the American Constitution?

The American Revolution and the US Constitution drafter after the defeat of imperial Britain at the hands of thirteen colonies constitute epoch making events in the political history of the world and in the constitutional development of modern times.

Several factors worked in the drafting of the American constitution.

In drafting the constitution of America, the representatives of the 13 colonies met at the Congress in Philadelphia on July 4, 1776 and made a declaration. In the declaration, the representatives affirmed that “in course of human events, it becomes necessary for the people to dissolve political bands and to assure among the powers of the earth, the separate and equal situation to which the Laws of Nature and of Nature’s God entitle them a decent respect to the opinions of the Mankind”. It was further asserted that all Men are created equal, with certain inalienable natural rights like those of life, liberty and Le pursuit of happiness.

In the constitutional convention at Philadelphia, the very fact that the thirteen colonies had been exploited by the mother country in variety of ways acted as the primary spur with the representatives undertaking upon themselves the task of creating a new order free of exploitation.

The colonists had fought a long draw n war to overthrow British control to achieve lull liberty had its reflection in the American Constitution. Thus, Liberty was the primary driving force. The colonists wanted to devise a system of government free from suppression and intrusion in their private life. This found ample expression in the Articles of Confederation, which linked central authority to certain well-defined fields. Thus, a constitutionally wanted government was envisaged by the delegates.

The Constitution’s drafting has also influenced by the principle of checks and balances. This principle first enunciated by Montesquieu. This implied the separation of powers of the government in three branches of executive, legislature and the judiciary. The post of American President elected by Electoral College and not responsible to the House of Representatives epitomized the incorporation of this principle.

Under the British sovereignty the colonists had been negated liberty and the fact that the American colonists by historical reasons had been lovers of liberty, the fathers of American Constitution wanted liberty as the supreme ideal of the Constitution. The liberty thus found in the American Constitution has the widest meaning including personal, religions and socio-cultural.

Further, the Colonists also cherished highly the deals of political freedom system and its corporation of the same in drafting of American constitution. It led to the formation of an ideal federation with units having admissible autonomy and equal representation in the Senate.

The negative aspect of a monarchical form of government as it existed in the counterturning Britain and in continental Europe was the driving force that made the Constitution republican both in letter and in spirit. The colonists were fully seized of the denial of rights under the British colonial rule and hence incorporated the Bill of Rights in the Constitution. Further, by incorporating judicial review the founding fathers wanted to ensure that the ideals incorporated in the Declaration of Rights and in the Constitution are not eroded in course of time.

The Constitution prepared under such circumstances was signed in 1787 and was ratified in June 1788 creating the United States of America. Thus, the historical, intellectual and the socio-economic currents of the time were factors working behind the drafting of the US Constitution.

Charles Beard in his classic “An Economic Interpretation of the Constitution” created a sensation when it was published. He called into question the motives of the markers of the Constitution. He called them to be guided by vested self interest than by lofty pedestals. He argued that the delegates to the constitutional convention, though having diverse interests belonged to two economic categories of self interest.

Mercantile and Land ownership. Those with huge property assets and investments in trade unanimously lent support to the fledgling constitution. While the debtors happened to be the ones who disliked and opposed the constitution, by placing the delegates, class status, Beard pointed out that none of the framers were from farming or occupational artisan group. This coupled with the fact that many of the delegates were land speculators; Beard argued with force that the Articles of Federation suppressed Land values.

Beard went on to intimate that the creation of a constitutional government was in effect a “coup”. The Authority granted to delegates was used by them to create a legal document. Moreover, as Beard argues that in the process of ratification of the Constitution, three-fourth of the qualified voters were excluded by some means or other thus aiding the rest who stood to benefit from the passage of the Constitution. The Constitution was therefore not created by the people but by those motivated by monetary interests.

However, Beard’s hypothesis, however thoroughly and well-researched it may have been, however is basically flawed. This attempt to analyse the social and economic standing of the delegates is commendable, but it has to be kept in mind that the US Constitution was prepared in tune with the historical developments in the American colonies in the 18^th century. It is true that the majority of delegates were from wealthy corporate class, but it cannot reduce the noble ideals and visions put forward in the constitution. Among these ideals, liberty is the most significant ideal. Further, the emphasis on individual rights also goes against Charles Beard’s hypothesis.