Founding Fathers: The Constitution's Proposal Group

The United States Constitution was drafted at the Constitutional Convention in Philadelphia, between May 25 and September 17, 1787. The convention was attended by delegates from 12 of the 13 original states, with Rhode Island refusing to send delegates. The convention's initial mandate was to amend the Articles of Confederation, which had become ineffective in meeting the needs of the newly formed nation. However, the delegates quickly began considering measures to replace the Articles, with the first proposal being the Virginia Plan, which called for a bicameral (two-house) Congress with proportional representation based on state population. Other proposals included the New Jersey Plan, which retained the legislative structure, and Alexander Hamilton's proposal, which resembled the British model. The final proposal was agreed to by eleven state delegations and the lone remaining delegate from New York, Alexander Hamilton. The proposal introduced a new form of government and was ratified by all states by May 29, 1790, with Rhode Island being the last state to approve it. Since then, amendments have been proposed and ratified, with Congress overseeing the process and deciding on the method of ratification.

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The 1787 Convention

The convention was initially intended to revise the Articles of Confederation and establish a federal government, but leading proponents, including James Madison of Virginia and Alexander Hamilton of New York, sought to create a new frame of government. Madison, who had studied republics and confederacies throughout history, presented a blueprint for constitutional revision that advocated for a strong central government with compulsory taxation authority and the power to regulate foreign and interstate commerce. He also proposed ways to enforce federal supremacy, such as granting Congress the explicit right to use force against non-compliant states and creating a federal court system.

The convention was presided over by George Washington of Virginia, a proponent of a stronger national government, who was unanimously elected as president. The delegates debated various issues, including the insertion of a fugitive slave clause, the abolition of the slave trade, and proportional representation for slaves. The Connecticut Compromise in mid-July 1787 helped resolve lingering arguments, and a draft by the Committee of Detail gained acceptance. This draft included modifications such as the establishment of an executive branch to handle routine paperwork, with important powers like treaty ratification remaining with the legislative branch.

The final version of the Constitution was produced by the Committee of Style in early September and was voted on by the delegates. On September 17, 1787, 39 of the 55 delegates signed the Constitution, which came into effect in 1789 after the necessary state ratifications. The United States Constitution established a federal government with more specific powers, including those related to conducting foreign relations.

The Virginia Plan

The first resolution of the Virginia Plan called for the Articles of Confederation to be revised, and the second resolution suggested that the population count for determining representation in government be based on either "quotas of contribution" (a state's wealth and taxes) or the number of free inhabitants, excluding the enslaved population. The plan proposed a bicameral legislature with two branches: the first branch, or the House of Representatives, would be elected by the people and subject to rotation and recall elections, while the second branch, or the Senate, would be selected by the first branch from candidates nominated by state legislatures.

The New Jersey Plan

The plan consisted of nine resolutions. The first resolution advocated continuing the unicameral system of legislature outlined under the Articles, while allowing for revisions to it. The second expanded the scope of Congress’s powers to grant it the authority to collect import duties on goods and to raise taxes in certain ways, including via a stamp tax and postage. The third established the three-fifths rule, whereby three-fifths of the number of enslaved people living in a state would be counted for the purpose of determining its population in order to proportionally assess Congress’s requests for funding from the states. The fourth added an executive branch to be made up of more than one individual, and it provided a fail-safe to remove said executives by a majority vote of the states. The fifth provided for a federal judiciary that would be appointed by the executive branch.

The sixth resolution stated that all Acts of Congress made pursuant to the Articles of Confederation should be the supreme law of the land, with state judges bound to uphold them. The seventh resolution provided for the admission of new states into the Union. The eighth resolution called for a uniform rule of naturalization, and the ninth resolution stated that citizens of each state should be treated equally in state criminal courts.

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The Federalist Papers

The creation of the United States Constitution was a response to the shortcomings of the Articles of Confederation, which required the unanimous consent of all 13 states for the national government to take action. This system had proven unworkable, and the newly written Constitution sought to address this problem. The Federalist Papers explained particular provisions of the Constitution in detail and provided a measured defence and extensive explanation of the proposed Constitution to the people of New York.

Alexander Hamilton, one of the authors of The Federalist Papers, played a significant role in the development of the Constitution. On June 18, he presented his ideal plan of government, calling the British government "the best in the world" and proposing a similar model. While his proposal did not gain traction, Hamilton later became one of the most ardent spokesmen for the new Constitution. He was also instrumental in responding to criticisms of the new Constitution, which were published in the New York press under pseudonyms such as "Cato" and "Brutus". These critical articles and letters would eventually become known as the "Anti-Federalist Papers".

Ratification

The ratification of the United States Constitution was a lengthy process that spanned several years, from the drafting of the document in 1787 to its final approval by all states in 1790. The Constitution was proposed and created by delegates from the 13 original states, with the exception of Rhode Island, who refused to send delegates. The delegates convened in Philadelphia on May 25, 1787, with the initial purpose of amending the Articles of Confederation, which had proven ineffective in governing the newly formed nation.

The delegates quickly moved beyond their original mandate and began considering measures to replace the Articles of Confederation. The first proposal, known as the Virginia Plan, called for a bicameral (two-house) Congress with proportional representation based on state population, an elected chief executive, and an appointed judicial branch. This proposal was introduced by delegates from Virginia and reflected a vision of a stronger, more centralized government. However, it faced opposition from delegates from smaller states who objected to the idea of proportional representation.

An alternative proposal, the New Jersey Plan, or the "union of the States merely federal," was also presented. It called for a revision of the articles to enable Congress to more easily raise revenues and regulate commerce, and provided that acts of Congress and ratified treaties be "the supreme law of the States." However, this plan was ultimately rejected by the convention, which was now moving towards the creation of a new form of government.

The final version of the Constitution was drafted by the Constitutional Convention's Committee of Detail and completed on August 6, 1787. It included a clause allowing the Senate to choose its officers, as well as provisions for the selection of the Senate's presiding officer and the method of electing the president of the United States. The Constitution was then submitted to the Congress of the Confederation on September 17, 1787, and forwarded to the thirteen states for their ratification.

The first state to ratify the Constitution was Delaware on December 7, 1787, followed by Pennsylvania, New Jersey, Georgia, and Connecticut. However, some states voiced opposition to the Constitution, arguing that it did not provide adequate protection for certain rights. To address these concerns, the Massachusetts Compromise was reached in February 1788, stipulating that amendments, or what became the Bill of Rights, would be immediately proposed. Subsequently, the Constitution was ratified by Massachusetts, Maryland, South Carolina, and, finally, New Hampshire. On May 29, 1790, Rhode Island approved the document, marking the completion of the Constitution's ratification by all states.

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