Jonah Patel
The US Constitution was written in 1787, a few years after the Revolutionary War, by 39 of the 42 delegates who attended the Constitutional Convention in Philadelphia. The delegates were tasked with revising the Articles of Confederation, which 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, and couldn't print money. The delegates ultimately decided to abandon the Articles of Confederation and create a new constitution with a stronger national government. The US Constitution is composed of a preamble, seven articles, and 27 amendments, and it is the oldest and longest-standing written and codified national constitution in force in the world.
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What You'll Learn
The Constitutional Convention of 1787
James Madison of Virginia, Alexander Hamilton of New York, and George Washington were key figures in calling for the convention, fearing that their young country was on the brink of collapse. Madison, in particular, arrived early and set the agenda for the convention with his document, "Vices of the Political System of the United States," which identified weaknesses in the American political system and proposed solutions.
The convention was initially intended to revise the Articles of Confederation and create a stronger federal government. However, as the delegates, representing different interests and views, began their discussions, it became clear that they would be drafting an entirely new frame of government. The delegates debated and redrafted the articles of the new Constitution throughout the summer, with the windows of the State House shuttered to ensure secrecy and allow for free discussion.
Some of the key issues addressed during the convention included the balance of power between the states and the central government, congressional representation, and the role of the three branches of government: the legislative, judicial, and executive. The issue of slavery was also highly contentious, with delegates debating the insertion of a fugitive slave clause, the abolition of the slave trade, and the representation of slaves in proportional representation. The delegates agreed to count enslaved Africans as three-fifths of a person, and the slave trade was allowed to continue until 1808.
The final version of the Constitution was produced in early September, and on September 17, 1787, 39 of the 55 delegates signed the document, establishing the government of the United States. The Constitution provided a framework for a federal government with more specific powers, including the authority to conduct foreign relations. The document also established the doctrine of the separation of powers, dividing the government into the legislative, executive, and judicial branches, and outlining their respective responsibilities.
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Drafting and signing the Constitution
The US Constitution was drafted and signed in the latter half of the 18th century, a few years after the Revolutionary War. At this time, America's first constitution, the Articles of Confederation, 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. The states' disputes over territory, war pensions, taxation, and trade threatened to tear the young country apart.
Alexander Hamilton helped convince Congress to organise a Grand Convention of state delegates to work on revising the Articles of Confederation. The Constitutional Convention assembled in Philadelphia in May 1787. The delegates closed the windows of the State House and swore secrecy so they could speak freely. Although they had gathered to revise the Articles of Confederation, by mid-June they had decided to completely redesign the government. There was little agreement about what form it would take. One of the fiercest arguments was over congressional representation—should it be based on population or divided equally among the states?
The framers compromised by giving each state one representative for every 30,000 people in the House of Representatives and two representatives in the Senate. They agreed to count enslaved Africans as three-fifths of a person. Slavery itself was a thorny question that threatened to derail the Union. It was temporarily resolved when the delegates agreed that the slave trade could continue until 1808.
On August 6, 1786, a committee produced amendments, written chiefly by committee chairman Pinckney. These amendments would have granted Congress exclusive power over commerce and outlined punishments for poor attendance by members of Congress. However, these amendments were never acted upon. On July 26, 1787, after two months of fierce debate over the structure and powers of a new federal government, the Constitutional Convention was ready to commit its resolutions to writing.
Edmund Randolph of Virginia wrote out a rough draft of a constitution, which the committee then discussed. James Wilson revised Randolph's draft, and the committee reviewed it. A clean copy was sent to prominent Philadelphia printers John Dunlap and David Claypoole, who printed enough copies for use by the delegates. After five weeks of debate over the committee's draft Constitution, the Constitutional Convention appointed a committee of style to prepare a final version; Gouverneur Morris, later known as the "penman of the Constitution," did most of the work.
The state delegates approved the draft of the Constitution on September 15, 1787. The signing was set for the very next Monday. Jacob Shallus, the assistant clerk for the Pennsylvania General Assembly, agreed to engross (copy in a fine, clear hand) the document. Over the course of about 40 hours, he created an accurate transcription of the draft. He was paid $30 for his efforts. On September 17, the document was ready, and 39 of the 42 men present signed the Constitution. George Washington was the first to sign, followed by each state delegation from north to south. George Mason, Elbridge Gerry, and Edmund Randolph refused to sign because the Constitution lacked a bill of rights.
The US Constitution is composed of the Preamble, seven articles, and 27 amendments. The first 10 amendments are known as the Bill of Rights. The seven articles make up the structural constitution, signed on September 17, 1787, and ratified on June 21, 1788. The Constitution's first three articles embody the doctrine of the separation of powers, in which the federal government is divided into three branches: the legislative, consisting of the bicameral Congress (Article I); the executive, consisting of the president and subordinate officers (Article II); and the judicial, consisting of the Supreme Court and other federal courts (Article III).
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Ratification by nine states
The US Constitution was ratified by nine states on June 21, 1788, when New Hampshire became the final state needed to ratify the document. The Constitution was ratified by the states in the following order: Delaware, Pennsylvania, New Jersey, Georgia, Connecticut, Massachusetts, Maryland, South Carolina, and New Hampshire.
The process of ratifying the Constitution was not without opposition. Led by Patrick Henry of Virginia, a group of influential colonial Patriots known as the Anti-Federalists publicly opposed the new Constitution in town hall meetings, newspapers, and pamphlets. Some argued that the delegates at the Constitutional Convention had exceeded their authority by proposing to replace the Articles of Confederation with an "illegal" document, while others complained that the delegates, mostly wealthy landowners, had proposed a Constitution that served their interests. Another common objection was that the Constitution reserved too many powers to the central government at the expense of the states' rights.
The Federalists, who favoured ratification, countered these arguments by saying that rejecting the Constitution would lead to anarchy and social disorder. Alexander Hamilton, James Madison, and John Jay, writing under the pen name Publius, responded to the Anti-Federalist Papers. They sought to create a document that would be flexible enough to ensure that states retained their rights while also creating a strong national government capable of maintaining order and addressing internal and external threats.
The delegates to the Constitutional Convention, tasked with revising the existing government, ended up creating a completely new one. Representing diverse interests and perspectives, they crafted compromises to address the challenges facing the young nation. The Constitution's first three articles embody the doctrine of the separation of powers, dividing the federal government into three branches: the legislative, consisting of a bicameral Congress; the executive, consisting of the President and subordinate officers; and the judicial, consisting of the Supreme Court and other federal courts.
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The Articles of Confederation
The Articles established a "league of friendship" for the 13 sovereign and independent states. Each state retained sovereignty over all governmental functions not specifically relinquished to the national Congress, which was empowered to make war and peace, negotiate diplomatic and commercial agreements with foreign countries, and resolve disputes between the states. The Articles also outlined a Congress with representation not based on population – each state had one vote.
In May 1787, the Constitutional Convention assembled in Philadelphia to revise the Articles of Confederation. However, by mid-June, the delegates had decided to completely redesign the government. The delegates, including James Madison, Alexander Hamilton, and George Washington, crafted compromises to address the issues facing the young nation. The final US Constitution was signed by 38 delegates on September 17, 1787, and ratification by 9 of the 13 states enacted the new government.
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The Bill of Rights
The US Constitution was written in 1787, when 38 delegates (with one signing on behalf of an absent delegate) came together in Philadelphia to revise the Articles of Confederation, which had been America's first constitution. However, the delegates soon decided to completely redesign the government, creating a powerful central government with three branches: the legislative, the executive, and the judicial.
The first eight amendments in the Bill of Rights outline specific freedoms that citizens are guaranteed. The First Amendment prohibits Congress from making laws that establish a religion or abridge freedom of speech, and it also protects the right to peaceful assembly and the right to petition the government. The Second Amendment guarantees the right to bear arms. The Third Amendment prevents the government from forcing homeowners to allow soldiers to use their homes, and the Fourth Amendment bars the government from unreasonable search and seizure of an individual or their private property without a warrant. The Fifth Amendment provides several protections for people accused of crimes, including the right to a grand jury, protection against double jeopardy, protection against self-incrimination, and the right to fair procedures and trials. The Sixth Amendment provides additional protections for people accused of crimes, including the right to a speedy and public trial and the right to an impartial jury. The Seventh Amendment guarantees the right to a trial by jury in civil cases, and the Eighth Amendment prohibits excessive bail and cruel and unusual punishment.
The final two amendments in the Bill of Rights, the Ninth and Tenth Amendments, emphasize that the federal government only has the powers delegated to it in the Constitution, and that the people retain all other rights and powers. The Ninth Amendment states that listing specific rights in the Constitution does not mean that people do not have other rights that have not been spelled out, and the Tenth Amendment says that the federal government only has the powers delegated to it in the Constitution.
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Frequently asked questions
The US Constitution was written to replace the Articles of Confederation, which 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.
The US Constitution was written by a committee of delegates from each state, including James Madison, Alexander Hamilton, and George Washington.
The US Constitution was written in 1787.
The US Constitution was written in Philadelphia.
39 of the 42 men present signed the Constitution.
