Why A New Constitution? Delegates' Justification

The delegates who attended the Constitutional Convention in 1787 were not initially intending to draft a new constitution. The convention was originally meant to discuss improvements to the existing Articles of Confederation, which was America's first constitution. However, as the convention progressed, it became clear that a new system of government was needed. The delegates, representing different interests and views, debated and compromised to create a powerful central government with a federal structure and three branches: legislative, executive, and judicial. They also grappled with contentious issues like slavery and the role of the executive. The resulting Constitution, signed by 38 delegates, became a groundbreaking document that has endured as one of the longest-lived and most emulated constitutions worldwide.

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The Virginia Plan

The process of shaping the Virginia Plan into a document acceptable to all states led to the Connecticut Compromise, also known as the Great Compromise. This compromise proposed a House of Representatives apportioned by population and a Senate in which each state is equally represented. The final document incorporated elements of both plans, including the three-fifths rule from the New Jersey Plan, which counted three-fifths of a state's enslaved population for taxation and representation purposes.

The Connecticut Compromise

The large states, such as Virginia, advocated for legislative voting based on proportional representation, while smaller states demanded equal representation in the new Congress. The Connecticut Compromise proposed a bicameral legislature, with the lower house or House of Representatives proportionally represented by population and the upper house or Senate weighted equally among the states, with each state having two members. This dual system of representation was intended to address the concerns of both large and small states.

The compromise was reached after a committee consisting of one delegate from each state was formed to resolve the disagreement. The committee's report, submitted on July 5, 1787, formed the basis for the "Great Compromise" of the Convention. The report recommended that each state have an equal vote in the upper house and that representation in the lower house be based on population, with one representative for every 40,000 inhabitants, including three-fifths of each state's enslaved population. This agreement allowed deliberations to continue and led to the Three-fifths Compromise, further complicating the issue of representation in the House.

The role of the executive

The delegates to the Constitutional Convention in Philadelphia in 1787 established a model of government that divided federal authority between the executive, legislative, and judicial branches. The role of the executive was hotly debated, with several key issues under contention.

Firstly, delegates debated whether executive power should be divided among three people or vested in a single chief executive, who would be called the President. James Wilson advocated for a single executive with absolute veto power to overturn laws created by the legislature, while others favoured a committee with a collective executive power and feared that an absolute veto would quickly lead to abuses of power.

Secondly, delegates discussed how a president would be elected. Some, like Wilson, favoured the direct election of the executive by the people of the United States, while others preferred the election of the executive by Congress.

Thirdly, the length of a presidential term and the number of allowable terms were debated. Other issues included what offences should be impeachable and whether judges should be chosen by the legislature or the executive.

The delegates also debated the insertion of a fugitive slave clause, whether to allow the abolition of the slave trade, and whether slaves should be counted in proportional representation. These issues, along with the role of the executive, were the most contentious and time-consuming aspects of the convention.

The delegates' pledge to secrecy allowed them to speak freely and work through these complex issues, ultimately crafting a powerful central government that has endured as one of the longest-lived and most emulated constitutions in the world.

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Ratification by state conventions

The delegates of the 1787 Constitutional Convention in Philadelphia were justified in drafting a new constitution, as they believed that the young country was on the brink of collapse. 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 delegates, representing different interests and views, wanted to create a powerful central government to address these issues.

The ratification process for the new constitution involved state conventions, which were chosen over state legislatures as the bodies to consider ratification. This decision was made by a vote of nine to one among the delegates, who reasoned that state legislators might reject the Constitution to protect their power. The convention method of ratification allowed for a more direct representation of the will of the people, making the new federal Constitution superior to any specific legislature. It also provided an opportunity for prominent men who were not state legislators to participate in the ratification debate.

The delegates determined that ratification by nine of the thirteen states was necessary to enact the new government. Each state was given six months to meet and vote on the proposed Constitution. Delaware was the first state to ratify the Constitution on December 7, 1787, and New Hampshire became the ninth state to accept it on June 21, 1788, officially ending government under the Articles of Confederation.

The ratification campaign was not without opposition, as the Anti-Federalists fought against the Constitution due to its creation of a powerful central government and the lack of a bill of rights. The "vote now, amend later" compromise helped secure victory in Massachusetts and eventually in the final holdout states. The new Constitution was also influenced by the contributions of key players such as James Madison, Alexander Hamilton, George Washington, and others, each bringing their specific ideas about the role of government.

The need for a bill of rights

The delegates at the Constitutional Convention of 1787 were justified in drafting a new constitution, as the existing Articles of Confederation had several weaknesses that threatened to tear the young nation apart. The Articles gave the Confederation Congress the power to make rules and request funds from the states, but it lacked enforcement powers, the ability to regulate commerce, and the authority to print money. This led to disputes between the states over territory, war pensions, taxation, and trade.

The delegates, representing a wide range of interests and views, created a powerful central government with a system of checks and balances, dividing federal authority between the legislative, executive, and judicial branches. While the convention's primary purpose was not to draft a new constitution, the delegates recognized the need for a stronger and more effective government.

The delegates' decision to create a new constitution and include a bill of rights was justified by the need to address the shortcomings of the Articles of Confederation and establish a stronger and more unified nation. The resulting Constitution, with its system of checks and balances and protection of individual liberties, has endured as one of the longest-lived and most emulated constitutions in the world.

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