Jonah Patel
The Constitutional Council in early America refers to the body of representatives that came together to draft the United States Constitution in 1787. The Constitution was the supreme law of the United States, delineating the framework of the federal government and the separation of powers into three branches: legislative, executive, and judicial. The Constitutional Council was preceded by the Articles of Confederation, which lacked an executive veto power, and the revolutionary state constitutions, which made governors subordinate to legislatures. The council, also referred to as the Committee of Detail, was influenced by James Madison's Vices of the Political System of the United States, which advocated for a strong central government and congressional authority. The council's work resulted in the United States Constitution, which was signed by 39 of 55 delegates and ratified by the states, becoming the framework for the United States government.
| Characteristics | Values |
|---|---|
| Purpose | To review and veto any passed legislation that violated the spirit of the Constitution before it went into effect |
| Powers | Supervision of elections, interpretation of the fundamental meanings of the constitution, imposition of reservations regarding the interpretation of provisions in statutes, and guidance on whether reforms should be considered statute law or regulation |
| Structure | The executive and a "convenient number" of federal judges would form the council |
| Veto Power | The council's veto could be overridden by a two-thirds majority in both houses of Congress |
| Location | Philadelphia |
| Date | May 25, 1787 |
| Leadership | General George Washington was unanimously elected president of the convention |
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What You'll Learn
The Council of Revision
The idea for the Council of Revision was first proposed by James Madison and James Wilson. Madison believed that the solution to America's problems was a strong central government. He thought that Congress needed the power to regulate foreign and interstate commerce and to enforce federal supremacy. Wilson supported the proposal, arguing that laws may be unjust, unwise, dangerous, or destructive, and that a council was necessary to rein in any laws put out by the House and Senate.
However, the proposal was defeated three times, with opponents arguing that it would give the judiciary too much power over the legislature. Elbridge Gerry pointed out that it would turn judges into lawmakers, while John Rutledge stated that judges should never give their opinion on a law until it comes before them. Instead of a council, the veto power was granted to the President as suggested by Alexander Hamilton.
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The Committee of Detail
In preparing its draft, the committee referenced state constitutions, the Articles of Confederation (the nation's first constitution), plans submitted to the convention, and other available material. The Declaration of Independence acted as an important guide for its summation of ideals of self-government and fundamental human rights. The writings of European political philosophers such as Montesquieu and John Locke were also influential. The committee sought to create a balanced government of checks and balances to serve the long-term interests of the people of an independent nation.
The committee's report conformed to the resolutions adopted by the convention, though on many clauses, the members of the committee left the imprint of their individual and collective judgments. In a few instances, the committee avowedly exercised considerable discretion. For example, the committee added the phrase "giving them aid and comfort" to the section on treason to narrow the definition from more ambiguous phrases that had been proposed in the convention.
Randolph's statement in the preamble of the committee's report is often cited as evidence that the Constitution was deliberately written to be broad and flexible to accommodate social or technological change over time. He wrote:
> In the draught of a fundamental constitution, two things deserve attention: 1. To insert essential principles only; lest the operations of government should be clogged by rendering those provisions permanent and unalterable, which ought to be accommodated to times and events: and · 2. To use simple and precise language, and general propositions, according to the example of the constitutions of the several states.
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The Committee of Style
Gouverneur Morris, the drafter for the Committee of Style, made a series of subtle changes that advanced his nationalist goals. For instance, he changed the opening line of the Preamble from "We the People of the States of New-Hampshire, Massachusetts, etc." to "We, the People of the United States," thereby emphasising a unified national identity. Additionally, Morris added "herein granted" to the Article I vesting clause, which vested legislative power in the Congress of the United States. This subtle change had significant implications for the interpretation of presidential power, as it distinguished the legislative powers of Congress from the executive powers of the president, which were not limited by the Constitution.
Morris also envisioned three co-equal branches of the national government, moving away from the older conception of legislative pre-eminence. This vision was reflected in the final draft of the Constitution, which delineated 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 Continental Congress
The First Continental Congress met in 1774 in Philadelphia, Pennsylvania, following the passage of the Coercive Acts by the British Parliament, which restricted colonial self-governance. This first meeting issued a declaration of rights and grievances and petitioned the British king for redress of these issues.
The Second Continental Congress met in 1775, following the Battles of Lexington and Concord, which marked the outbreak of the American Revolutionary War. This body assumed the role of a de facto national government, appointing diplomats, signing treaties, issuing paper money, raising armies, and appointing George Washington as commander-in-chief of the Continental Army.
In 1777, the Continental Congress adopted the Articles of Confederation, which served as the first constitution of the United States. However, the Articles created a weak national government, with most powers being held by the states. As a result, the Continental Congress struggled to effectively govern, and the states often ignored its decisions.
In 1787, delegates from all states except Rhode Island met in Philadelphia to discuss amendments to the Articles of Confederation. However, the convention, presided over by George Washington, instead drafted a new constitution, creating a stronger federal government with a system of checks and balances. This included the establishment of a bicameral Congress, an executive branch led by the president, and a judicial branch headed by the Supreme Court.
The proposed Constitution was signed by 39 of the 55 delegates on September 17, 1787, and copies were sent to the states for review and ratification. It came into force on March 4, 1789, superseding the Articles of Confederation, and the Continental Congress was replaced by the federal government as established by the new Constitution.
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The Bill of Rights
The United States Constitution, the supreme law of the United States, came into force in 1789, superseding the Articles of Confederation. The Constitution was drafted in 1787 in Philadelphia, Pennsylvania, by delegates from 12 states, and it established a federal system with a national government composed of three branches: the legislative, the executive, and the judicial.
The amendments in the Bill of Rights guarantee personal freedoms and legal rights. The First Amendment protects freedom of speech, freedom of religion, freedom of the press, and the right to peaceably assemble and petition the government. The Second Amendment protects the right to keep and bear arms. The Third Amendment prohibits the quartering of soldiers in private homes without consent. The Fourth Amendment safeguards citizens' right to privacy, requiring a warrant for searches and seizures.
The Ninth Amendment states that the enumeration of certain rights in the Constitution does not deny or disparage other rights retained by the people. The Tenth Amendment reserves powers to the states or the people that are not delegated to the United States by the Constitution. These amendments ensured that the federal government's powers were clearly limited, addressing concerns about the concentration of power in a strong central government.
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Frequently asked questions
The Constitutional Council in early America refers to the Continental Congress and the Constitutional Convention, which authored the Constitution as the framework for the United States government.
The Constitutional Convention was held in Philadelphia in 1787, with General George Washington elected as its president. The convention aimed to revise the American political system and address its weaknesses, particularly the absence of a strong central government.
The Constitutional Convention resulted in the creation of a draft constitution, which was voted on by the delegates and signed by 39 of 55 delegates on September 17, 1787. This proposed Constitution was then printed in newspapers for public review and initiated the ratification process.
The Constitution of the United States established a federal government with a separation of powers into three branches: the legislative, executive, and judicial. It also delineated the rights and responsibilities of state governments and their relationship to the federal government.
The Council of Revision, proposed by James Madison, included the executive and a "convenient number" of federal judges. It was intended to have the power to veto any act of Congress, with the possibility of being overridden by Congress. However, this proposal faced opposition and was amended.
