Eleanor Finch
The signing of a constitution is a significant event in the formation of a nation's government and legal framework. The process of endorsing a constitution varies across nations and contexts. For instance, the United States Constitution, which outlines the structure and functioning of the nation's federal government, was signed by 39 delegates on September 17, 1787, in Philadelphia, Pennsylvania. The signing of the US Constitution was preceded by a four-month-long convention where delegates from 12 states (excluding Rhode Island) drafted and debated the document. The process of signing a constitution may involve multiple stages, including drafting, amendments, and endorsements by representatives or delegates. In the case of the US Constitution, the signing was preceded by the approval of the draft by state delegates and the transcription of the document by Jacob Shallus, the assistant clerk for the Pennsylvania General Assembly. The signing of a constitution is often accompanied by statements or interpretations by those involved, such as Benjamin Franklin's address endorsing the US Constitution despite its perceived imperfections. The US Constitution's closing protocol included a declaration of completion and a statement of adoption by the endorsing states.
| Characteristics | Values |
|---|---|
| Location | Independence Hall, Philadelphia, Pennsylvania |
| Date | September 17, 1787 |
| Number of Signatures | 39 out of 55 delegates signed |
| Signers | Delegates from 12 states, including George Washington, Benjamin Franklin, and Jonathan Dayton |
| Role of Signers | Endorsement and authentication of the Constitution |
| Signing Process | Transcription by Jacob Shallus, signatures grouped by states from north to south |
| Additional Signatures | Convention secretary William Jackson signed to verify amendments and corrections |
| Objections | Some delegates refused to sign due to lack of a bill of rights |
| Signing Statements | Presidents may issue statements when signing laws, including objections or interpretations |
| Veto Power | The president can veto any bill passed by Congress but signing statements are not legally binding |
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What You'll Learn
The Signing of the United States Constitution
The United States Constitution was signed on September 17, 1787, at Independence Hall in Philadelphia, Pennsylvania. The signing of the Constitution was the culmination of four months of fierce and intense debate, presided over by George Washington, that began in May of that year. The Constitutional Convention featured many of the great minds of the day, including James Madison, James Wilson, Gouverneur Morris, and, for a while, Alexander Hamilton. Notable absences included Thomas Jefferson, John Adams, and John Hancock.
The Constitutional Convention was attended by 55 delegates representing 12 states (all but Rhode Island, which declined to send delegates). Of these 55, 39 signed the Constitution, with George Read also signing for an absent John Dickinson. Jonathan Dayton, at the age of 26, was the youngest person to sign, while Benjamin Franklin, at the age of 81, was the oldest. Franklin, in his final great speech, made the motion to sign the document, which was approved by 10 of the state delegations.
The signing of the Constitution was not without dissent, however. Three of the 42 delegates who remained until the final day refused to sign the document. Gouverneur Morris and Hamilton argued that the delegates needed to sign, but their arguments did not sway the dissenters. The three dissenters—Mr. Randolph, Mr. Mason, and Mr. Gerry—all spoke during the debate and explained why they would not sign.
The Constitution's closing protocol included a brief declaration that the delegates' work had been successfully completed and that those whose signatures appear on it subscribe to the final document. It also included a statement pronouncing the document's adoption by the states present and a formulaic dating of its adoption. In addition to the signatures, the convention's secretary, William Jackson, added a note to verify four amendments made by hand to the final document, and he signed the note to authenticate its validity.
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The role of the signers
The signers of a constitution play a crucial role in the creation and adoption of the document. They are responsible for endorsing the constitution and ensuring its validity. Signers are typically delegates or representatives of the states involved in the constitutional convention. In the case of the United States Constitution, 39 out of 55 delegates signed the document on September 17, 1787, in Philadelphia, Pennsylvania. This group included individuals like Benjamin Franklin, the oldest signer at 81, and Jonathan Dayton, the youngest signer at 26.
The signers of a constitution are not merely witnesses to the creation of the document but also active participants in the process. They represent their respective states and bring their unique perspectives, experiences, and interests to the table. Some signers, like George Read and Gunning Bedford, Jr., advocated for the protection of smaller states during the Constitutional Convention. Others, like William Paterson, favored specific plans, such as the New Jersey Plan, which aimed to address the concerns of smaller states.
Additionally, the signers of a constitution often had diverse backgrounds and experiences that influenced their contributions to the document. Many of the signers of the United States Constitution had legal backgrounds, with some having served as attorneys general or held other legal positions. A significant number of them had also taken part in the American Revolution, bringing a unique perspective to the formation of the new nation.
Overall, the role of the signers of a constitution is crucial in shaping the document and ensuring its adoption. They bring representation, expertise, and a commitment to witnessing and supporting the creation of a governing document that reflects the interests and needs of the people they represent. The signers of the United States Constitution, in particular, played a pivotal role in establishing the framework for the country's governance and the protection of individual rights.
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Signing statements
For example, in 1943 during World War II, President Franklin Roosevelt indicated in a signing statement that he considered Section 304 of the Urgent Deficiency Appropriations Act of 1943 to be unconstitutional. However, he signed the bill to avoid any delays in the war effort. Similarly, President Nixon stated in a signing statement that a provision in a bill submitted to him did not "represent the policies of this Administration" and was "without binding force or effect." Despite this, a federal district court ruled that the legislation remained effective.
All presidents since President Reagan have issued signing statements, and these have increasingly included challenges or objections to the laws being signed. President George W. Bush, for instance, objected to over 700 provisions, often citing infringements on the authority of the executive branch. The increasing use of signing statements by presidents has been criticised by commentators and journalists, who argue that they effectively function as a line-item veto, which is unconstitutional according to the Supreme Court.
It is worth noting that the U.S. Constitution grants the president the power to veto any bill passed by Congress. However, the president also has a duty to uphold the Constitution and not sign laws that may be deemed unconstitutional. Ultimately, the U.S. Supreme Court decides whether a law is constitutional or not.
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The president's duty to sign
The President of the United States has a duty to sign a bill into law, according to the US Constitution, Article 1, Section 7. The President also has the power to veto any bill passed by Congress.
Before entering office, the President takes an oath to "preserve, protect and defend" the Constitution (Article II, Section 1). This means that the President has a duty not to sign a bill that would be unconstitutional. The US Supreme Court is the ultimate arbiter of whether a law is constitutional or not.
The President's signature on a bill is a powerful symbol of their support for the legislation. However, it is important to note that a signed law is still a law, regardless of any accompanying statement by the President.
The use of signing statements by presidents has evolved over time. Since the early 19th century, presidents have used signing statements to comment on the laws they are signing. These statements can include the president's interpretation of the law, objections to certain provisions on constitutional grounds, and their intent regarding how they will execute the law. In recent years, some presidents have increasingly used signing statements to challenge or object to provisions within laws.
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Signing procedure
Signing a constitution is a significant event, and the procedure should be carefully followed to ensure the process is legitimate and authentic. Here is a step-by-step guide to the signing procedure for a constitution:
- Preparation of the Document: Before the signing, the constitution document must be prepared. This involves transcribing the draft into a final, clear, and legible version. In the case of the U.S. Constitution, this task was undertaken by Jacob Shallus, the assistant clerk for the Pennsylvania General Assembly, who meticulously transcribed the document over 40 hours.
- Attendance of Delegates: The signing ceremony should be attended by the delegates who participated in drafting the constitution. In the case of the U.S. Constitution, 55 delegates from 12 states were chosen, but only 42 were present on the day of signing, with several having left or refused to sign.
- Order of Signing: The order in which the delegates sign the constitution is important. In the case of the U.S. Constitution, the convention's president, George Washington, signed first. This was followed by the other delegates, grouped by states, with the listing of states arranged geographically from north to south.
- Signature Endorsement: The signing procedure should include an endorsement of the document's validity and completion. This can be in the form of a declaration or statement accompanying the signatures. In the case of the U.S. Constitution, the convention's secretary, William Jackson, added a note verifying corrections and amendments made to the final document, and he signed to authenticate its validity.
- Witnessing and Authentication: It is essential to have witnesses present during the signing procedure to attest to the authenticity of the signatures and the event. In the case of the U.S. Constitution, Benjamin Franklin, in an address read by James Wilson, strongly endorsed the Constitution, and the delegates signed as individual witnesses of the unanimous consent of the states present.
- Completion and Adoption: The signing procedure should conclude with a statement or declaration that the constitution has been completed and adopted by the endorsing parties. This serves as a final authentication of the document's validity.
It is worth noting that the signing of a constitution is a solemn and critical moment in the formation of a nation's government and legal framework. The procedure should be conducted with the utmost care and attention to detail to ensure the legitimacy and legality of the document.
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Frequently asked questions
The process of signing a constitution involves first drafting the document, which is then signed by delegates or representatives of the states. The signing of the United States Constitution, for example, took place on September 17, 1787, at Independence Hall in Philadelphia, Pennsylvania, when 39 out of 55 delegates endorsed the document.
Signing a constitution is a significant event as it represents the endorsement and agreement of the signatories to the document's contents. It serves as an authentication of the constitution's validity and signifies the completion of the drafting process.
Yes, a president can refuse to sign a constitution if it is deemed unconstitutional or conflicts with existing laws. The president has a duty to "preserve, protect and defend" the Constitution. However, the ultimate decision on whether a law is constitutional rests with the Supreme Court.
