Constitutional Convention (United States)
The Constitutional Convention took place in Philadelphia from May 25 to September 17, 1787. While the convention was initially intended to revise the league of states and the first system of federal government under the Articles of Confederation, leading proponents of the Constitutional Convention, including James Madison of Virginia and Alexander Hamilton of New York, sought to create a new frame of government rather than revise the existing one. Delegates elected George Washington of Virginia, former commanding general of the Continental Army in the American Revolutionary War and a proponent of a stronger national government, to serve as president of the convention. While the Constitutional Convention has been the only Federal one, the fifty states have held 233 constitutional conventions. The convention ultimately debated and ratified the Constitution of the United States, making the convention one of the most significant events in American history.
The convention took place in Pennsylvania State House, later renamed Independence Hall, in Philadelphia. The convention was not referred to as a constitutional convention. It was contemporarily known as the Federal Convention, the Philadelphia Convention, or the Grand Convention at Philadelphia. Most delegates did not arrive intending to draft a new constitution. Many assumed that the convention's purpose was to discuss and draft improvements to the existing Articles of Confederation, and would not have agreed to participate otherwise. Once the convention began, however, most of the delegatesthough not allcame to agree in general terms that the goal would be a new system of government, not simply a revised version of the Articles of Confederation.
Several broad outlines were proposed and debated, notably Madison's Virginia Plan and William Paterson's New Jersey Plan. The Virginia Plan was selected as the basis for the new government, and the delegates quickly reached consensus on a general blueprint of a federal government which has three branches along with the basic role of each branch. However, disagreement over the specific design and powers of the branches delayed progress for weeks and threatened the success of the convention. The most contentious disputes involved the legislature, specifically the composition and election procedures for the Senate as the upper legislative house of a bicameral Congress, and whether proportional representation was to be defined by a state's geography or by its population.
The role of the executive was also hotly debated, including the key issues of whether to divide the executive power among three people or vest the power in a single chief executive to be called the President; how a president would be elected; the length of a presidential term and the number of allowable terms; what offenses should be impeachable; and whether judges should be chosen by the legislature or the executive. Slavery was also a highly contentious issue, with delegates debating the inclusion of a fugitive slave clause, the potential abolition of the slave trade, and whether enslaved individuals should be counted for purposes of proportional representation. A significant portion of the Convention's time was devoted to resolving these matters.
Progress was slow until mid-July, when the Connecticut Compromise resolved enough lingering arguments for a draft written by the Committee of Detail to gain acceptance. Though more modifications and compromises were made over the following weeks, most of this draft can be found in the finished version of the Constitution. After several more issues were debated and resolved, the Committee of Style produced the final version in early September. It was voted on by the delegates, inscribed on parchment by Jacob Shallus with engraving for printing, and signed by 39 of 55 delegates on September 17, 1787. The completed proposed Constitution was printed in several copies for review which began the debates and ratification process. Soon after, it was also printed in newspapers for public review.
History
During the American Revolution, Thirteen Colonies replaced their colonial governments with republican constitutions based on the principle of separation of powers, organizing government into legislative, executive, and judicial branches. These revolutionary constitutions endorsed legislative supremacy by placing most power in the legislature, which was viewed as most representative of the people, including power traditionally considered as belonging to the executive and judicial branches. State governors lacked significant authority, and state courts and judges were under the control of the legislative branch at the time. Massachusetts popularly elected delegates in 1779 for its constitutional convention, establishing a precedent for the Federal one.The Second Continental Congress, which convened in present-day Independence Hall in the colonial capital of Philadelphia, adopted the Declaration of Independence in 1776, and the 13 colonial states created a permanent alliance to coordinate American efforts to win the Revolutionary War. This alliance, the United States, was governed according to the Articles of Confederation, which was more of a treaty between independent countries than a national constitution. The Articles were adopted by the Second Continental Congress in 1777 but not ratified by all states until 1781.
Under the Articles, the United States was essentially a federation of independent republics, with the Articles guaranteeing state sovereignty and independence. The Confederation was governed by the Congress of the Confederation, a unicameral legislature whose members were chosen by their state legislatures and where each state was entitled to one vote. Congress's powers were limited to waging war and directing foreign affairs. It could not levy taxes or tariffs, and it could only request money from the states and could not force delinquent states to pay.
Since the Articles could only be amended by a unanimous vote of the states, each state had effective veto power over any proposed change. A super majority was required for Congress to pass major legislation such as declaring war, making treaties, or borrowing money. The Confederation had no executive or judicial branches, which meant the Confederation government lacked effective means to enforce its own laws and treaties against state non-compliance. It soon became evident to nearly all that the Confederation government, as originally organized, was inadequate for managing the various problems confronting the United States.
Once the crucial task of winning the war had passed, states began to look to their own interests rather than the country's. By the mid-1780s, states were refusing to provide Congress with funding, which meant the government could not meet the interest on its foreign debt, pay the soldiers stationed along the Ohio River, or defend American navigation rights on the Mississippi River against Spanish interference. In 1782, Rhode Island vetoed an amendment that would have allowed Congress to levy taxes on imports to pay off federal debts. A second attempt was made to approve a federal impost in 1785. This time it was New York which disapproved.
The Confederation Congress also lacked the power to regulate foreign and interstate commerce. Britain, France and Spain imposed restrictions on American ships and products, while the U.S. was unable to coordinate retaliatory trade policies. When Massachusetts and Pennsylvania placed reciprocal duties on British trade, neighboring states such as Connecticut and Delaware established free ports to gain an economic advantage. Some states even began applying customs duties against the trade of neighboring states. In 1784, Congress proposed an amendment to give it powers over foreign trade. It failed to receive unanimous approval by the states.
Many upper-class Americans complained that state constitutions were too democratic and, as a result, legislators were more concerned with maintaining popular approval than doing what was best for the nation. The most pressing example was the way state legislatures responded to calls for economic relief. Many people were unable to pay taxes and debts due to a post-war economic depression that was exacerbated by a scarcity of gold and silver coins. States responded by issuing paper currency, which often depreciated in value, and by making it easier to defer tax and debt payments. These policies favored debtors at the expense of creditors, and it was proposed that Congress be given power to prevent such populist laws.
When the government of Massachusetts refused to enact similar relief legislation, rural farmers resorted to violence in Shays' Rebellion. This rebellion was led by a former Revolutionary War captain, Daniel Shays, a small farmer with tax debts, who had never received payment for his service in the Continental Army. The rebellion took months for Massachusetts to put down, as the lack of a proper federal army forced the state to raise its own with donated money from private citizens.
These and other issues greatly worried many of the Founders that the Union as it existed up to that point was in danger of breaking apart. In September 1786, delegates from five states met at the Annapolis Convention and invited all states to a larger convention to be held in Philadelphia in 1787. On February 21, 1787, the Confederation Congress endorsed this convention "for the sole and express purpose of revising the Articles of Confederation". The Congress only endorsed the convention on the grounds it would produce a report upon which necessary changes to the Articles could be introduced and ratified. Rhode Island was the only state that refused to send delegates, and it was the last state to ratify the Constitution in May 1790.
Operations and procedures
Originally planned to begin on May 14, the convention had to be postponed when very few of the selected delegates were present on that day due to the difficulty of travel in the late 18th century. On May 14, only delegates from Virginia and Pennsylvania were present. On May 25, a quorum of seven states was secured, and the convention began in Pennsylvania State House, later renamed Independence Hall, in Philadelphia. New Hampshire delegates joined the convention on July 23, over halfway through the proceedings.One of the first things that the Convention undertook was the selection of a presiding officer, unanimously electing George Washington as the convention's president. The convention then adopted rules drafted by a committee whose members were George Wythe, Charles Pinckney, and Alexander Hamilton. Each state delegation received a single vote either for or against a proposal in accordance with the majority opinion of the state's delegates. This rule increased the power of the smaller states.
When a state's delegates divided evenly on a motion, the state did not cast a vote. Throughout the convention, delegates regularly came and went. Only 30 to 40 delegates were present on most days during the convention, and each state had its own quorum requirements. Maryland and Connecticut allowed a single delegate to cast its vote. New York, on the other hand, required all three of its delegates to be present. After two of New York's three delegates, John Lansing Jr. and Robert Yates, abandoned the convention on July 10 with no intention of returning, New York was unable to vote on any further proposals, but Alexander Hamilton continued to occasionally speak during the convention's debates.
The rules of the convention permitted delegates to demand reconsideration of any decision previously voted on. This enabled the delegates to take straw votes to measure the strength of controversial proposals and to change their minds as they worked for consensus. It was also agreed that the discussions and votes would be kept secret until the conclusion of the meeting. Despite the sweltering summer heat, the windows of the meeting hall were nailed shut to keep the proceedings a secret from the public.
William Jackson was elected as secretary, but his records were brief and included little detail. James Madison's Notes of Debates in the Federal Convention of 1787 are likely the most complete first-person record of the convention, along with notes kept by Yates through mid-July. Due to the delegates' pledge to secrecy, Madison's account was not published until after his death in 1836. Yates' notes on the convention's first two months were published in 1821.