Malcolm Rivera
The drafting of the US Constitution, also referred to as its framing, began on May 25, 1787, when the Constitutional Convention met for the first time at the Pennsylvania State House in Philadelphia, Pennsylvania. The Constitutional Convention was called to revise the Articles of Confederation, which was the first constitution of the United States, but the convention soon abandoned these articles and drafted a new constitution with a much stronger national government. The drafting process involved several committees, including the Committee of Detail, the Committee of Eleven, and the Committee of Style and Arrangement, which was responsible for distilling a final draft constitution. The final draft, presented on September 12, 1787, contained seven articles, a preamble, and a closing endorsement, with Gouverneur Morris as its primary author. The Constitutional Convention voted in favor of the Constitution on September 17, 1787, and it was signed by 39 delegates from 12 states. The ratification process then began, ending when the final state, Rhode Island, ratified it on May 29, 1790.
| Characteristics | Values |
|---|---|
| Date of commencement | May 25, 1787 |
| Location | Pennsylvania State House, Philadelphia, Pennsylvania |
| Objective | To revise the Articles of Confederation |
| First draft | Submitted by Committee of Detail on August 6, 1787 |
| First draft authors | John Rutledge, Edmund Randolph, Nathaniel Gorham, Oliver Ellsworth, and James Wilson |
| First draft structure | 23 articles (including a preamble) |
| Final draft authors | Committee of Style and Arrangement: Alexander Hamilton, William Johnson, Rufus King, James Madison, and Gouverneur Morris |
| Final draft structure | 7 articles, a preamble, and a closing endorsement |
| Date of signing | September 17, 1787 |
| Number of signatories | 39 delegates from 12 states |
| Date of ratification | May 29, 1790 |
| Number of amendments | 27 |
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What You'll Learn
The Constitutional Convention
The drafting of the US Constitution began on May 25, 1787, when the Constitutional Convention first met at the Pennsylvania State House in Philadelphia, Pennsylvania. The Constitutional Convention was called to revise the Articles of Confederation, which was the first constitution of the United States. However, the Convention soon abandoned the Articles, drafting a new Constitution with a much stronger national government.
On August 6, 1787, Rutledge presented the first draft of the proposed Constitution to the convention, and printed copies were distributed to the delegates. This draft included a Preamble, which began with the words "We the People of the States of New-Hampshire, Massachusetts, Rhode-Island", and outlined the various articles and amendments that would follow. The draft was discussed and debated for several weeks, with the southern states expressing concern over the regulation of commerce and the potential impact on slavery.
A Committee of Eleven was then selected to address issues related to federal assumption of state debts and the militia. This committee included members such as Abraham Baldwin, George Clymer, and John Dickinson. The Committee of Eleven addressed outstanding issues related to the executive branch, including the method of choosing the president, the length of the presidential term, and the president's treaty-making power.
Finally, a Committee of Style and Arrangement, which included Alexander Hamilton, James Madison, and Gouverneur Morris, was tasked with distilling a final draft constitution from the approved articles. This committee presented the final draft to the convention on September 12, 1787, and it was voted on and approved on September 17, 1787. The final Constitution included seven articles, a preamble, and a closing endorsement, with Morris as the primary author. The Constitution was then signed by thirty-nine delegates from twelve states, with George Washington signing first as the president of the convention.
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The separation of powers
The US Constitution establishes three separate but equal branches of government: the legislative, executive, and judicial branches. This separation of powers is a well-known concept derived from the text and structure of the Constitution.
The legislative branch makes the law, the executive branch enforces the law, and the judicial branch interprets the law. The legislative branch consists of the bicameral Congress, the executive branch consists of the president and subordinate officers, and the judicial branch consists of the Supreme Court and other federal courts.
The Framers structured the government in this way to prevent one branch from becoming too powerful and to create a system of checks and balances. Their experience with the British monarchy informed their belief that concentrating distinct governmental powers in a single entity would subject the nation's people to arbitrary and oppressive government action.
The Supreme Court has vacillated over the years between using a formalistic approach to separation-of-powers issues, grounded in the perceived necessity of maintaining three distinct branches of government, and a functional approach that stresses core function and relationship and permits flexibility when these attributes are not threatened.
The Constitution also outlines the rights and responsibilities of state governments, the states' relationship to the federal government, and the shared process of constitutional amendment.
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Federalism and state rights
The drafting of the US Constitution began on May 25, 1787, when the Constitutional Convention met for the first time at the Pennsylvania State House in Philadelphia. The convention aimed to revise the Articles of Confederation, which was the first constitution of the United States, giving little power to the central government.
The US Constitution embodies the principle of federalism, which refers to the division and sharing of power between the national and state governments. The first three articles of the Constitution outline the separation of powers, dividing the federal government into three branches: the legislative, executive, and judicial.
Articles IV, V, and VI describe the rights and responsibilities of state governments, their relationship with the federal government, and the shared process of constitutional amendment. The Constitution establishes that the federal government has limited powers, while state governments retain a sphere of autonomy to exercise their own powers.
The Tenth Amendment has been used to limit Congress's power, with the Supreme Court using it in the 1990s to invalidate federal statutes. The Supremacy Clause of Article VI resolves conflicts between state and federal law in favor of the federal government, declaring federal law the "supreme Law of the Land." However, the Supremacy Clause only applies when the federal government acts within its constitutionally authorized powers.
The Kentucky and Virginia Resolutions, written by Thomas Jefferson and James Madison, provide a classic statement in support of states' rights. They asserted that states had the right to nullify unconstitutional federal laws, reflecting the belief that the federal union is a voluntary association of states, with each state retaining the right to self-government.
The debate over states' rights continued throughout the 19th century, with disputes arising over the War of 1812 and the issue of trade and tariffs. Judges and scholars disagree on how to interpret federalism, with some arguing that the judiciary should enforce states' interests against the federal government, while others favor leaving the resolution to the political process.
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Ratification
The ratification of the United States Constitution was a critical step in the nation's early history, marking the formal approval and adoption of the document that would become the country's foundational framework. The process of ratification began after the Constitutional Convention in Philadelphia concluded its work on September 17, 1787. The completed Constitution was then sent to the Confederation Congress, which was the governing body of the United States under the Articles of Confederation.
The Confederation Congress, recognizing the importance and potential impact of the proposed Constitution, promptly submitted it to the states for their consideration and ratification. According to the resolution passed by the Congress, the approval of only nine out of the thirteen states was necessary for the establishment of the governments in the Constitution. This decision was made on September 28, 1787.
The process of ratification was not without its challenges and controversies. The debates that took place within each state reflected the diverse perspectives and interests of the American people at the time. Federalists, who supported the ratification, emphasized the need for a stronger central government to replace the weak confederation that had existed under the Articles. Anti-Federalists, on the other hand, feared the potential for tyranny and the loss of states' rights under the new system.
To address these concerns and build consensus, several key compromises were made. One of the most significant was the promise to add a bill of rights to the Constitution, protecting individual liberties and ensuring that certain powers were reserved for the states. This promise led to the eventual adoption of the first ten amendments, known as the Bill of Rights, in 1791.
The ratification process itself varied across the states. Some states, such as Delaware and New Jersey, ratified the Constitution quickly and with overwhelming support. Others, like Massachusetts and Virginia, required more time and debate, ultimately ratifying the document by narrow margins. The process also highlighted the evolving nature of American democracy, as several states held constitutional ratifying conventions, allowing for more direct participation and deliberation by the people.
By the end of 1788, the necessary nine states had ratified the Constitution, ensuring its adoption and setting the stage for the formation of a new federal government. The remaining four states, North Carolina, Rhode Island, New York, and Virginia, would subsequently ratify the document, reflecting the widespread recognition of the Constitution as the supreme law of the land.
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We the People
The United States Constitution is a document that outlines the basic framework of the federal government and the rights and responsibilities of its citizens. The process of drafting the Constitution began on May 25, 1787, when delegates from 12 states met in Philadelphia to revise the Articles of Confederation, which was the first constitution of the United States. The Articles gave little power to the central government, and the delegates sought to create a stronger national government.
The drafting process was a collaborative effort involving multiple committees and many influential figures, including Gouverneur Morris, who is known as the "penman of the Constitution". The first draft of the Constitution, presented by John Rutledge on August 6, 1787, began with the words "We the People of the States of New-Hampshire, Massachusetts, Rhode-Island", followed by a list of states.
The famous phrase "We the People" represented a new idea: that the people, not the states, were the source of the government's legitimacy. This phrase was coined by Gouverneur Morris, who replaced the list of states with "of the United States" and listed the Constitution's six goals. "We the People" also introduced the seven articles and 27 amendments that make up the structural constitution, signed on September 17, 1787, and ratified on June 21, 1788. The first 10 amendments are known as the Bill of Rights.
The drafting process involved much debate and compromise, with several delegates expressing disappointment in the final result. Despite this, the Constitution was unanimously approved by the state delegations, with 39 delegates from 12 states signing. The ratification process began on September 17, 1787 and ended on May 29, 1790, when Rhode Island became the final state to ratify the Constitution. The Constitution has since been amended, but the original text, including repealed provisions, is still included, usually bracketed or italicized to indicate they are no longer in force.
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Frequently asked questions
The drafting of the US Constitution refers to the process of writing and agreeing on the content of the US Constitution, which began on May 25, 1787, and ended on September 17, 1787. The US Constitution is composed of a preamble, seven articles, and 27 amendments.
The drafting process involved a number of committees, including the Committee of Detail, which was composed of John Rutledge, Edmund Randolph, Nathaniel Gorham, Oliver Ellsworth, and James Wilson. The Committee of Eleven, which addressed issues related to the federal assumption of state debts and the militia, included Abraham Baldwin, George Clymer, and John Dickinson. The Committee of Style and Arrangement, which distilled a final draft constitution, included Alexander Hamilton, James Madison, and Gouverneur Morris. George Washington presided over the convention.
The US Constitution was drafted at the Constitutional Convention, which met for the first time on May 25, 1787, at the Pennsylvania State House (now known as Independence Hall) in Philadelphia, Pennsylvania.
