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From May to September 1787, delegates to the Constitutional Convention hammered out the U.S. Constitution in Philadelphia. Constitutional Convention delegates kept deliberations secretThe meeting, over which George Washington presided, rested on the reasoned dialogue and compromise of 55 representatives from the 13 original states, except Rhode Island. To encourage delegates to make arguments without fear of recrimination and to discourage mob action in the city, those in attendance kept their deliberations secret during their lifetimes and did not inform the public of the resulting document until September 17, after most of the delegates had signed on to it. Articles of Confederation gave too much power to the statesAt the time of the convention, the Articles of Confederation, under which states wielded primary power, was the nation’s governing document. Article 2 specifically recognized the sovereignty of the states, and the federal government’s powers were mostly limited to foreign affairs and did not include control of interstate commerce. If Congress needed taxes or military forces, it could request but not coerce state compliance. Although this alliance proved adequate for winning the Revolutionary War and providing government for new territories, it made it difficult to promote domestic prosperity and for the United States to assume equal status among other nations. Delegates from five states who met in Annapolis in September 1786 to treat problems of interstate commerce called for a broader convention the following May. Partly prodded by the threat of Shay’s rebellion — an uprising of economically depressed farmers in Massachusetts that winter — the states responded affirmatively. New constitution provided for three branches of government, rather than oneAlthough many of the delegates arrived in Philadelphia expecting to revise the Articles of Confederation, some had grander ideas. With the help of James Madison, fellow delegates from Virginia offered a new plan that set the stage for a fundamental transformation of the government. It proposed three branches, rather than one, and dividing Congress into two houses, both of which would be represented according to population rather than equally as in the unicameral Congress under the Articles of Confederation. The Virginia Plan encountered opposition in the form of the New Jersey Plan, whose proponents were less devoted to a strong national government and more concerned with maintaining states’ existing equality in Congress. In time, the Connecticut Compromise resolved this issue by allocating representation according to population in the U.S. House of Representation while retaining equal state representation in the Senate. The convention adopted other compromises, including one that essentially left slavery in place where it existed, allowed the slave trade to continue for 20 years, and provided for representation of slaves by designating each one as three-fifths a free person. Delegates also devised the electoral college for selecting the president and adopted a much more extensive list of powers for Congress than that body held under the Articles of Confederation. Constitution addresses issues later covered in First AmendmentA few provisions of the Constitution addressed issues related to religion and other subjects later covered by the First Amendment.
On Aug. 20, Charles Pinckney of South Carolina introduced proposals to the Committee of Detail that included a provision for liberty of the press similar to that later found in the First Amendment, but the convention did not positively act on it. Five days before delegates signed the Constitution, Virginia’s George Mason, who had helped author the Virginia Declaration of Rights, proposed to preface the Constitution with similar provisions. This motion failed, as did one two days later by Charles Pinckney and Elbridge Gerry of Massachusetts proposing “that the liberty of the Press should be inviolably observed” (Farrand 1966: 2:617). Later, Connecticut’s Roger Sherman argued that no need existed for such a prohibition because “the power of Congress does not extend to the Press” (Ibid.: 618). Hamilton argued that Constitution created system to protect rightsThe Constitution created a governmental structure designed to protect rights through a separation of powers, checks and balances, federalism, and other mechanisms. Hence, in Federalist no. 84, Alexander Hamilton argues that “the Constitution is itself, in every rational sense, and to every useful purpose a Bill of Rights.” The document also lists a number of restrictions on state and national governments, chiefly in Article 1, sections 8 and 9, where, for example, it prohibits bills of attainder (legislative punishments without benefit of trial) and ex post facto laws (retroactive criminal laws). In the closing days of the convention, however, George Mason cited the omission of a separate bill of rights to protect the people against the new national government as one of his reasons for opposing the new document. This quickly became a rallying point for those who opposed ratification. Federalist supporters of the Constitution initially argued against the necessity for a bill of rights because the convention had not delegated powers to the new national government to stem individual liberties. Federalists agreed work on Bill of Rights for ConstitutionSome further argued that listing specific rights might imply that rights omitted were therefore subject to governmental control. This position was undercut by the fact that the Constitution did list some governmental restrictions within its text and by arguments, supported by Thomas Jefferson, that even if such guarantees were not foolproof, they would be better than nothing. In time, leading Federalists, including Madison, agreed to work toward a bill of rights if the Constitution were adopted, thereby helping to head off the threat of a second convention. Madison led the fight that resulted in the first ten amendments, earning him the moniker “Father of the Bill of Rights.” John Vile is professor of political science and dean of the Honors College at Middle Tennessee State University. He is co-editor of the Encyclopedia of the First Amendment. This article was originally published in 2009. Send Feedback on this article
Mural of the The Constitutional Convention at the United States Capitol Topics on the PageOverview of the Convention Focus Question: Who were the various leaders at the Constitutional Convention and what were their major debates?Overview of the Convention
U.S. Constitution Primary Source Set, Library of Congress
Click here for a SchoolHouse Rock video about the Preamble to the Constitution. Follow this link to review the everything that was just covered, including the Articles of Confederation and why it didn't work, how the founders compromised on the constitution, the issue of slavery, federalists and antifederalists, and the process of the ratification of the constitution. Constitution of the United States: Fast Facts In 1787, delegates from the various states met in Philadelphia for what is now known as the Constitutional Convention. These delegates sought to unify the states by creating a constitution that would bring the states together under a cohesive government. Many debates took place at the Constitutional Convention over how the new government should operate. The Assembly Room, Independence Hall Distribution of Political PowerThe delegates from the various states were divided over how political power should be distributed. Two different plans of governmental structure were discussed. The first plan proposed was the Virginia Plan, which called for a two house legislature (law making bodies), a chief executive (president), and a court system. Our modern government is based in large part on this plan except in regard to legislative representation. The Virginia Plan held that state representation in the legislature should be proportional to its population - this meant states with large populations would have more representation than states with small populations. Those who didn’t like the Virginia Plans supported the New Jersey Plan. The New Jersey Plan called for a one house legislature where representation would be equal for all of the states. The larger states tended to support the Virginia Plan, while the smaller states supported the New Jersey Plan. Click here for a learning plan about distribution of power and the Constitutional Convention. The Great CompromiseBickering between the various states over representation in the potential government almost ruined the conference. As a result, Benjamin Franklin created a committee to try and resolve conflicts relating to representation. Roger Sherman proposed a compromise between the Virginia and New Jersey Plans. This compromise consisted of having two houses – one based on proportional representation and the other based on equal representation. This comprise paved the way for the way for the United States Congress. Map of the the number and percent of slaves in each of the 13 colonies in 1770 SlaveryThe delegates also fought over whether slaves should be counted as part of the population when determining representation in Congress.
Slavery, the Constitution and a Lasting Legacy, from James Madison's Montpelier website Slavery FAQs--Property, from Thomas Jefferson's Monticello website 1790 Census and Apportionment--Analyzing the Three-Fifiths Compromise from the Statistics in Schools from U.S. CensusRights of States
Rights of individuals
Native Americans and the Constitutional ConventionClick this link to see how Native Americans were fit into the constitution and why. This article provides information on how the Founders at the Constitutional Convention drew from Native American forms of government, especially the Iroquois Confederacy, to create the Constitution. Women's Rights in regards to the Constitutional ConventionJust as it was decided that slaves and African Americans were virtually cast out as citizens at the Constitutional convention, the right's of women were equally ignored. Abigail Adams: "Remember the Ladies" to husband John Adams Did the American Revolution Change the Role of Women in Society? History in Dispute (Vol. 12) The Constitutional Status of Women in 1787 Benjamin Franklin
Benjamin Franklin played a critical role in helping resolve conflicts that emerged at the Constitutional Convention. He spearheaded a committee that helped solve debates between the various states over representation in the potential government. The committee was successful in resolving these conflicts by getting the delegates from the different states to compromise. The Autobiography of Benjamin Franklin James MadisonJames Madison played a critical role in writing the constitution.
Alexander Hamilton
George Washington
Steve, Mount (1995). Retrieved April 8, 2007, from USConstitution.net Web site: http://www.usconstitution.net/index.html Documents from the Continental Congress and the Constitutional Convention. Retrieved April 8, 2007, from The Library of Congress Web site: http://memory.loc.gov/ammem/collections/continental/ Explore the Constitution. Retrieved April 8, 2007, from National Constitution Center Web site: http://www.constitutioncenter.org/explore/Welcome/index.shtml Constitution of the United States. Retrieved April 8, 2007, from The National Archives Experience Web site: http://www.archives.gov/national-archives-experience/charters/constitution.html http://commons.wikimedia.org/wiki/File:Slavery_in_the_13_colonies.jpg Image IDs from left to right1. Constitutional Convention Wikimedia Commons, "Scene at the Signing of the Constitution of the United States". |