Omar Bennett
The Constitution of the United States was drafted at the Constitutional Convention, which assembled in Philadelphia between May 25 and September 17, 1787. The convention was attended by 55 delegates, representing 12 of the 13 original states. The drafting of the Constitution involved intense debates on various topics, including the powers and responsibilities of the national government, state representation in the legislature, slavery, and commerce regulation. The delegates also discussed the specific powers of each branch of government, including the executive, legislative, and judicial branches. The final draft of the Constitution, presented on September 12, 1787, reflected compromises and negotiations on these complex issues, and it was signed by 38 delegates on September 17, 1787, marking a significant step in the formation of the United States government.
| Characteristics | Values |
|---|---|
| Date of the Constitutional Convention | May 25, 1787 to September 17, 1787 |
| Location of the Convention | Independence Hall, Philadelphia |
| Number of delegates | 55 |
| Number of states represented | 13 (Rhode Island did not send delegates) |
| Number of delegates who signed the Constitution | 38 (39 including George Reed, who signed for John Dickinson of Delaware) |
| Number of states needed for ratification | 9 |
| Number of Articles in the final draft | 7 (plus a preamble and a closing endorsement) |
| Number of Articles in the Committee of Detail's draft | 23 (plus a preamble) |
| Number of branches of government established | 3 (executive, legislative, and judicial) |
| Number of houses in Congress | 2 (House of Representatives and Senate) |
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What You'll Learn
The Articles of Confederation
The Articles were drafted during the American Revolution, and they directed the war effort, conducted diplomacy, addressed territorial issues, and managed Native American relations. The limitations on the central government's powers, such as assembling delegates, raising funds, and regulating commerce, hindered its ability to effectively govern the growing number of states. This prompted discussions about forming a more permanent union and a stronger central government.
The process of drafting and ratifying the Articles of Confederation was challenging. While most states ratified the Articles by early 1779, Maryland held out until 1781. Smaller states wanted other states to relinquish their western land claims before they would ratify. The delegates recognised the Articles as a flawed compromise but believed that a formal national government was necessary. The limitations of the Articles led to efforts to revise and replace them, ultimately resulting in the creation of the Constitutional Convention in 1787 to address the young nation's needs.
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The need for a stronger central government
The United States Constitution was drafted at the Constitutional Convention in Philadelphia in 1787. The need for a stronger central government was a key issue that prompted the drafting of the Constitution and was a central theme of the discussions.
The Constitution was a replacement for the Articles of Confederation, which was the United States' first constitution. The Articles gave the Confederation Congress the power to make rules and request funds from the states, but it had no enforcement powers, couldn't regulate commerce, or print money. This led to disputes between the states over territory, war pensions, taxation, and trade, threatening to tear the young country apart.
James Madison, Alexander Hamilton, and George Washington, among others, believed that a stronger central government was necessary to address the nation's challenges and prevent its collapse. Madison, often referred to as the "Father of the Constitution," advocated for a strong central government and called for reform of the Articles on multiple occasions. He proposed a bicameral legislature, a separate judicial branch, and an executive branch independent of the other two. Madison also believed that the central government should have the right of taxation and the power to veto state laws.
The grim economic situation and political crises in the 1780s, including Shays' Rebellion, further emphasised the need for a stronger central government. The nationalists wanted a government capable of raising a powerful army to suppress domestic insurrections and confront foreign threats. They sought to diminish the influence of state legislatures, which were often influenced by struggling farmers.
The Federalists, who supported the Constitution, believed that a strong central government was essential for facing the nation's challenges. In contrast, the Anti-Federalists opposed the Constitution due to its creation of a powerful central government, reminding them of the monarchy they had recently overthrown.
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State representation
The topic of state representation was a key issue during the drafting of the US Constitution. The delegates to the Constitutional Convention, which assembled in Philadelphia in 1787, were chosen by the state legislatures of 12 out of the 13 original states, with Rhode Island refusing to send delegates.
The delegates debated the proper relationship between representation and taxation. They considered proposals such as the Virginia Plan, which called for a bicameral (two-house) Congress with representation based on state population, and the New Jersey Plan, which proposed a unicameral (one-house) legislature with each state having a single vote. The Three-Fifths Compromise, also known as the "notorious" compromise, was adopted, where slaves were counted as three-fifths of a free person for representation and taxation purposes.
The delegates ultimately adopted a mixed representation plan, known as the "Great Compromise" or the "Connecticut Compromise", which established equal representation in the Senate with two senators from each state, and proportional representation in the House of Representatives based on state population. This compromise resolved one of the most controversial aspects of the drafting of the Constitution, balancing the interests of large and small states.
The final draft of the Constitution, presented in September 1787, reflected these compromises and established the terms for state representation in the US government. The Constitution provided for proportional representation in the House of Representatives, with seats apportioned based on state population according to the constitutionally mandated Census. The 14th Amendment, ratified after the Civil War, further remedied the issue of representation by ordering the Census to fully count every individual regardless of race.
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The Three-Fifths Compromise
Slaveholding states wanted their entire population to be counted to determine the number of Representatives they could send to Congress. On the other hand, free states wanted to exclude the counting of slave populations in slave states, as those slaves had no voting rights. The compromise struck counted three-fifths of each state's slave population toward that state's total population for the purpose of apportioning the House of Representatives. This gave the Southern states more power in the House relative to the Northern states. It also gave slaveholders enlarged powers in Southern legislatures.
The three-fifths ratio was first proposed by James Madison in an amendment to the Articles of Confederation in 1783. Madison argued that slaves should be considered "in no respect whatever as persons" but also not "merely as property." While the Three-Fifths Compromise did not abolish slavery, it did increase the direct federal tax burden on slaveholding states.
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The role of the President
The Framers of the Constitution were concerned with establishing a strong central government, and this included defining the powers and responsibilities of the President. The President, as the head of the Executive Branch, is tasked with executing the laws enacted by the Legislative Branch (Congress). This includes the power to appoint federal judges, ambassadors, and other officers, with the advice and consent of the Senate. The President is also the Commander-in-Chief of the armed forces, with the power to declare war with congressional authorisation.
The Framers also recognised the need for checks and balances to prevent any one branch from becoming too powerful. As such, the President has the power to veto legislation passed by Congress, but this can be overridden by a two-thirds majority vote in both houses of Congress. Additionally, the President has the power to make treaties with the advice and consent of the Senate, and to pardon individuals convicted of federal crimes, except in cases of impeachment.
The process of electing the President was also a key consideration. The Framers debated the term length and method of selection, ultimately agreeing on a four-year term with the Electoral College system, where electors chosen by each state cast votes to elect the President.
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Frequently asked questions
The main issues discussed at the Constitutional Convention were the powers of the central government, the regulation of commerce, the relationship between the states and the Federal Government, the specific powers and responsibilities of each branch of government, and the question of slavery.
The Three-Fifths Compromise was an agreement that representation for the lower house of Congress would be based on the number of free persons and three-fifths of the number of slaves.
The Articles of Confederation were America's first constitution. They gave Congress the power to govern foreign affairs, conduct war, and regulate currency, but Congress had no authority to enforce its requests to the states for money or troops.
Nine out of thirteen states were required to ratify the Constitution.
