The Delegates' Constitutional Duties And Responsibilities

The delegates to the US Constitution, also known as the Founding Fathers, were responsible for drafting the document that has served as the basis of the US government since 1789. The 55 delegates, ranging in age from 26 to 81, debated and resolved various issues, including the role of the executive, slavery, and the management of foreign affairs. They also created a model of government that divided federal authority between the legislative, judicial, and executive branches, with checks and balances to ensure no single branch held too much power. The delegates' responsibilities included ensuring accountability for national officers through an impeachment provision and deciding on the powers of the executive and legislative branches regarding treaty-making and appointments. The final version of the Constitution was voted on and signed by 39 delegates, marking a significant step in the formation of the United States of America.

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Deciding on the role of the executive

The delegates to the Constitutional Convention were tasked with debating and resolving various issues to create a new system of government. One of the key responsibilities of these delegates was deciding on the role of the executive branch, which would become one of the three branches of the federal government, alongside the legislative and judicial branches.

The delegates had to determine whether executive power should be divided among three people or vested in a single chief executive, who would be called the President. They also debated how a president would be elected, the length of a presidential term, the number of allowable terms, and what offences should be impeachable. Another point of contention was whether judges should be chosen by the legislature or the executive.

The delegates also discussed the executive branch's role in foreign affairs. While the legislative branch retained powers such as treaty ratification, the executive branch was given authority over other aspects of foreign policy. This included the power to appoint ambassadors and negotiate treaties, though this was a contentious issue, with some delegates advocating for the involvement of the entire legislature.

The delegates also considered the executive's role in appointing officials. Some wanted the executive to have sole power, while others favoured the precedent set by the Articles of Confederation, where the legislature held this power. Those in favour of a strong executive argued that Senate appointments would lead to a "cabal" influenced by constituent interests.

The delegates' decisions on the role of the executive were influenced by precedents from British Parliament and state legislatures, and historical documents such as the Articles of Confederation and state constitutions. The final version of the Constitution, which outlined the executive's responsibilities, was produced by the Committee of Style and voted on by the delegates.

Discussing slavery

The topic of slavery was a contentious issue at the Constitutional Convention, with delegates holding differing views. Of the 55 delegates, about 25 owned slaves, and many framers had moral qualms about slavery. The Southern delegates wanted to protect slavery, while the Northern delegates opposed it. The Southern delegates, led by John Rutledge of South Carolina, threatened to leave the Union if the regulation of the slave trade was not left to the states. They also wanted to ensure that slaves were counted in proportional representation.

On the other hand, some delegates, including Luther Martin of Maryland, a slaveholder, argued that the slave trade should be subject to federal regulation and was inconsistent with America's republican ideals. Benjamin Franklin, a former slaveholder, and Alexander Hamilton, born in a slave colony, became members of anti-slavery societies. Gouverneur Morris, another leading figure at the convention, called slavery a "nefarious institution." James Madison, the "Father of the Constitution," attacked slavery early in the Convention, stating that it was a ground for "the most oppressive dominion ever exercised by man over man."

The final report of the committee, which became the first draft of the Constitution, included three provisions that explicitly restricted Congress's authority in ways favorable to Southern interests. One of these provisions was the Three-Fifths Compromise, which counted three-fifths of each state's slave population in apportioning representation, giving the South extra representation in the House of Representatives and extra votes in the Electoral College. The word "slave" was consciously avoided in the Constitution, but slavery received important protections.

The delegates' discussions on slavery were not without impact. The Thirteenth Amendment to the United States Constitution, passed in 1865, abolished slavery and involuntary servitude, except as punishment for a crime. This amendment was based on the Northwest Ordinance of 1787, which included an identical exception for punishment.

Creating a model of government

The delegates to the Constitutional Convention were responsible for creating a model of government that addressed the challenges faced by the federal government under the Articles of Confederation. The Articles of Confederation, adopted in 1777, functioned more like a treaty between independent countries rather than a national constitution. It guaranteed state sovereignty and independence, with each state having a single vote in the Congress of the Confederation. However, the federal government struggled with conducting foreign policy and enforcing laws that individual states might find contrary to their interests.

The delegates to the Constitutional Convention aimed to establish a new system of government with a federal structure. They agreed on a general blueprint of a federal government with three branches: legislative, executive, and judicial. This model of government, based on a series of checks and balances, aimed to divide federal authority among the branches.

The role of the executive branch was a highly debated topic. Issues such as whether executive power should be vested in a single chief executive or divided among three people, how the president would be elected, the length and number of presidential terms, and what offenses should be impeachable, were all discussed. The delegates also debated the powers of the executive branch in relation to the legislative branch. While the executive branch was given authority over foreign affairs, important powers such as treaty ratification remained with the legislative branch.

The delegates also considered the role and powers of the Senate. They debated whether the Senate should have sole control over treaty-making or if the executive or the entire legislature should be involved. The proposed nomination clause, which split delegates between granting appointment powers to the executive or the legislature, was another point of contention. The inclusion of an impeachment provision, modelled after British Parliament and state legislatures, gave senators the responsibility to try impeached officials, including the President.

The delegates' work culminated in the creation of the United States Constitution, which was voted on, signed by 39 of the 55 delegates, and came into effect in 1789.

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Treaty-making power

The delegates to the Constitutional Convention of 1787 were responsible for drafting the United States Constitution, which included debating and resolving complex issues related to the country's governance. One of the critical responsibilities of these delegates was to address the treaty-making power and its allocation within the federal government.

The delegates first considered the treaty-making power when the Committee of Detail submitted its draft Constitution on August 6. The proposed Article IX, Section 1 stated: "The Senate of the United States shall have the power to make treaties, and to appoint Ambassadors, and Judges of the Supreme Court." This provision sparked intense debate among the delegates, with differing opinions on who should hold this power.

Some delegates opposed granting the Senate sole control over treaty-making. They believed that the executive branch should have that responsibility, ensuring that treaty-making power was not concentrated in a single branch of government. Others advocated for involving the entire legislature in the process, seeking a more inclusive approach to decision-making. Small-state delegates, however, favoured the Committee of Detail's treaty clause as it gave each state an equal say in the adoption or rejection of treaties, ensuring that smaller states had a voice in foreign affairs.

The debate around treaty-making power reflected the delegates' desire to establish a system of checks and balances in the federal government. They drew on historical precedents, such as the British model where treaties were negotiated by the king and sometimes required approval by a majority vote in Parliament. The delegates to the Constitutional Convention were mindful of the challenges faced by the federal government under the Articles of Confederation in conducting foreign policy, where individual states often prioritised their interests over national unity.

The final version of the Constitution, ratified in 1789, established the framework for managing foreign affairs. While many responsibilities for foreign affairs fell under the authority of the executive branch, important powers like treaty ratification remained within the domain of the legislative branch, specifically the Senate. This distribution of powers aimed to strike a balance between strong leadership and democratic representation in the conduct of foreign relations.

Nomination clause

The delegates to the Constitutional Convention of 1787 were responsible for drafting and signing the United States Constitution, which established a new system of government with three branches: legislative, executive, and judicial. The delegates debated various issues and ultimately created a model of government that relied on a series of checks and balances, dividing federal authority between these three branches.

One of the most contentious issues during the convention was the proposed nomination clause, which pertained to the power of appointing government officials. The delegates were divided into two factions: those who wanted the executive to have the sole power of appointment, and those who favoured the national legislature, specifically the Senate, having that responsibility. The latter group cited precedents set by the Articles of Confederation and most state constitutions, which granted appointment powers to legislative bodies. The former group, advocating for a strong executive, warned that Senate appointments could lead to a "cabal" influenced by special interests.

The delegates also debated the role of the executive branch, including whether executive power should be vested in a single chief executive (the President) or divided among several people, how the president would be elected, the length and number of presidential terms, impeachable offences, and whether judges should be chosen by the legislature or the executive.

The Constitutional Convention aimed to address challenges faced by the federal government under the Articles of Confederation, particularly in conducting foreign policy and addressing issues arising from the Revolutionary War. The final version of the Constitution was produced by the Committee of Style in early September 1787 and signed by 39 of the 55 delegates. The Constitution came into effect in 1789 and has served as the basis of the United States government ever since.

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