Constitutional Convention 1787

The events of the American Revolution affirmed the colonists’ anxieties over an inordinately centralized government that infringed on their natural rights and autonomy. Such rights were inalienable since they belonged to each individual on account of the laws of nature, and could not be taken away without consent. After the Revolution, the colonists adopted the Articles of Confederation to grant the states considerable sovereignty. Unfortunately, the Articles precipitated a new set of problems in creating a weak federal government with a limited role in enforcing the law and maintaining unity between the states. The Constitutional Convention of 1787 addressed these and other issues by establishing a new government that asserted the Constitution

They contend that a longer and more flexible one is more effective in preserving the government’s authority by establishing it with more specific powers. In addition, they argue it is more responsive to contemporary political issues via frequent amendments. At first glance, it may make sense to delineate certain political matters as a basis for future decisions. However, this fails to consider how a constitution cannot by itself account for every single public policy. The debates at the Maryland Constitutional Convention from 1967 to 1968 reflect this reality. Given the “ample power” the legislature already possesses, the constitution should not require policy-based provisions that do little to redefine the legislature’s role. Providing the legislature too much guidance in proposing bills weakens the ability to modify the law over time. Additionally, through the people’s role in electing representatives who support their interests, the legislature already accounts for shifts in public attitude. Any complaints over how a state’s constitution does not sufficiently account for changes over time overlook how the main outline of the constitution should be written to address questions regarding governmental power, not political issues reserved to the people. As Madison wrote in his letter to Thomas Jefferson in 1790, a constitution strives to stabilize the political system “without subverting

These intentions disclose the structure of government it aims to articulate and subsequently protect over time. In doing so, it lists only governmental powers that are necessary to maintain its enduring political system, which reflects the state’s identity and indirectly promotes civic virtue. Powers regarding various policy areas are not included as they are instead determined by the people via the legislature. As an extension to this, in order to preserve its fundamental ramifications, the constitution must be drafted in a manner that makes it difficult to amend. By retaining a rigid amendment process, it protects the people from the passions of small factions that threaten to sabotage its original meaning. It must utilize this procedure in order to firmly establish its role as the chief law of the state. In essence, a new constitution must be drafted with thorough deliberation by considering primarily how it can maintain its legitimacy with the consent of the governed for generations to