The Constitution's Evolution: Draft Differences Explored

what are the differences on the drafts of the constitution

The United States Constitution was drafted in 1787 by the Constitutional Convention, which met for the first time on May 25 at the Pennsylvania State House in Philadelphia. The convention was called to revise the Articles of Confederation, which were seen as inadequate. However, the convention abandoned the Articles and instead drafted a new Constitution with a stronger national government. The drafting process involved several committees, including the Committee of Detail, which produced the first draft, and the Committee of Style and Arrangement, which refined the document. The final draft, presented on September 12, 1787, contained seven articles, a preamble, and a closing endorsement. The Constitution was signed by 39 delegates on September 17, 1787, and ratified by eleven states, establishing a new form of government for the United States.

Characteristics Values
Date of the first Constitutional Convention May 25, 1787
Location of the first Constitutional Convention Pennsylvania State House (now Independence Hall), Philadelphia, Pennsylvania
Number of delegates in attendance 55
Person who proposed that Congress revise the Articles of Confederation Charles Pinckney of South Carolina
Date of the first draft of the Constitution July 26, 1787
Person who wrote the first draft of the Constitution Edmund Randolph of Virginia
Person who revised the first draft of the Constitution James Wilson
Date the final text of the Constitution was signed September 17, 1787
Number of states that ratified the Constitution 11
Number of amendments to the Constitution 27
Number of pages in the original Constitution 5

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The Committee of Detail

The committee's work resulted in the first workable constitutional plan, which served as the basis for further discussion and revision. Two preliminary drafts survive, along with the text of the Constitution submitted to the convention, in the handwriting of either Wilson or Randolph. The drafting process was guided by two rules: that the constitution should only include essential principles, avoiding minor provisions that would change over time, and that it should be written in simple and precise language.

Wilson's draft included the first attempt at what would become the preamble in the final document. The committee added numerous provisions that had not been discussed by the convention but were not likely to be controversial. One notable disagreement within the committee was between Rutledge and Wilson, with the latter modifying the list of enumerated powers and strengthening the supremacy clause to favour a stronger national government.

On August 6, 1787, Rutledge delivered the committee's report in the form of a printed draft of the proposed federal constitution. This draft was further revised by the convention and other committees, with George Washington and William Jackson, the convention's secretary, entering deletions and additions adopted between August 6 and September 3. The final version of the Constitution was approved by the convention on September 17, 1787, and signed by the framers on the same day.

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The Committee of Eleven

The committee's report stated that the Senate of the United States should have the power to try impeachments brought by the House of Representatives. However, it also specified that no person could be convicted without the agreement of at least two-thirds of the members present, with every member taking an oath. This proposal was debated by the delegates on September 8, with Madison opposing Senate impeachment trials. Despite Madison's objections, the proposal was passed by an 8-2 vote.

Another significant contribution of the Committee of Eleven was its proposal of the Electoral College system. This proposal was made on September 4, 1787, and recommended that the Electoral College elect both the president and vice president. The committee also suggested that the vice president should serve as the "ex officio President of the Senate" and have the power to cast a tie-breaking vote in the Senate. This proposal was based on a precedent in New York's constitution, which stated that the lieutenant governor had a "casting voice" in the senate's decisions. However, some delegates, including Elbridge Gerry of Massachusetts and George Mason of Virginia, objected to this proposal, arguing that it conflicted with the principle of separation of powers between the executive and legislative branches.

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The Committee of Style and Arrangement

The drafting of the US Constitution was a meticulous process involving multiple drafts, revisions, and committees. One of the most significant committees in this process was the Committee of Style and Arrangement, also known as the Committee of Style. This committee was appointed by the Constitutional Convention to prepare a final version of the Constitution, ensuring it was well-written and organised.

The committee's work was based on the previous drafts and discussions of the Constitutional Convention. One notable aspect of their task was to ensure consistency and clarity in the document. They reviewed the language, structure, and organisation of the Constitution, making sure that the various articles and sections were logically arranged and presented coherently. This included refining the wording, grammar, and syntax to ensure the document was clear and concise.

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The Virginia Plan

Additionally, the Virginia Plan proposed that each branch of the government should have the power to originate Acts. It also empowered the National Legislature to exercise legislative rights vested in Congress by the Confederation and to intervene in cases where individual state legislation threatened the harmony of the Union. The plan further resolved that the Legislative, Executive, and Judiciary powers within the states should be bound by oath to support the articles of Union.

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The final draft

The drafting of the Constitution, often referred to as its "framing", was completed at the Constitutional Convention, which assembled in Philadelphia beginning on May 25, 1787. Fifty-five delegates attended the convention, chosen by their state legislatures, with instructions from Congress to revise the failing Articles of Confederation. The convention spent the summer debating and drafting, and the Framers arrived at the final text for a new framework of government, which they signed on September 17, 1787. The final draft included multiple changes from earlier versions, such as the length of the president's term, which had been proposed as six years in a July 24, 1787, draft.

The preamble also underwent several revisions, starting as "That the Government of the United States," evolving to "We the people of the States of…", listing the 13 colonies, and finally becoming the now-iconic phrasing, "We the people of the United States." 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 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).

The original US Constitution was handwritten on five pages of parchment by Jacob Shallus. It is the oldest and longest-standing written and codified national constitution in force in the world. The Constitution superseded the Articles of Confederation, the nation's first constitution, on March 4, 1789, becoming the supreme law of the United States of America.

Frequently asked questions

The Constitutional Convention of 1787 was called to revise the Articles of Confederation, which provided for a loose confederation of U.S. states, each sovereign in most of their affairs. However, the Convention abandoned the Articles and drafted a new Constitution with a stronger national government.

The Constitutional Convention appointed a committee of detail to draft a written constitution. Edmund Randolph of Virginia wrote out a rough draft, which was then revised by James Wilson. Gouverneur Morris, who chaired the convention's Committee of Style, is also regarded as the "penman of the Constitution".

The opening words, "We the People", represented a new thought: the idea that the people, not the states, were the source of the government's legitimacy. This replaced a list of the 13 states in the original draft. Morris also listed six goals of the Constitution, none of which were mentioned in the original draft.

The final draft was presented to the convention on September 12, 1787. Several delegates were disappointed in the result, and three refused to sign. Benjamin Franklin accepted the Constitution, despite his disapproval of certain parts, because he "expected no better". The Constitution was signed by 38 of the 41 delegates present and ratified by nine states, coming into effect on March 4, 1789.

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