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DEVISING A CONSTITUTION

The 13 colonies were now "free and independent states"—but not yet one united nation. Since 1781, they had been governed by the Articles of Confederation, a constitution that set up a very weak central government. The American people had just rebelled against a parliament in distant London, and they did not want to replace it with a tyrannical central authority at home. Under the Articles of Confederation, congress, comprised of representatives of the people, could not make laws or raise taxes. There was no federal judiciary and no permanent executive. The individual states were almost independent: they could even set up their own tax barriers.

In May 1787, a convention met in Philadelphia with instructions to revise the articles of Confederation. The delegates— among whom were George Washington, Benjamin Franklin and James Madison— went beyond their mandate and drafted a new and more workable Constitution. It established a stronger federal government empowered to collect taxes, conduct diplo­macy, maintain armed forces, and regulate foreign trade and commerce among the states. It provided for a Supreme Court and lesser federal courts, and it gave executive power to an elected president. Most importantly, it established the principle of a 'balance of power" to be maintained among the three branches of government—the executive, the legislative and the judicial.

The Constitution was accepted in 1788, but only after much bitter debate. Many Americans feared that a powerful central government would trample on the liberties of the people, and in 1791, 10 amendments—the Bill of Rights—were added to the Constitution. This document guaranteed freedom of religion, a free press, free speech, the right of citizens to bear arms, protection against illegal house searches, the right to a fair trial by jury and protection against "cruel and unusual punishments."

The Constitution and the Bill of Rights thus struck a balance between two conflicting but fundamental aspects of American politics—the need for a strong, efficient central authority and the need to ensure individual liberties. America's first two political parties divided along those ideological lines. The Federalists favored a strong president and central government; the Democratic Republicans defended the rights of the individual states, because this seemed to guarantee more "local" control and accountability. This party appealed to small farmers; the Federalist party was the party of the prosperous classes, and it would die out by 1820.

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