Eleanor Finch
The discussions for the new constitution of the United States of America began in May 1787, when delegates from 12 of the 13 original states assembled at Independence Hall in Philadelphia. The convention was convened to amend the Articles of Confederation, which had proven ineffective in meeting the young nation's needs. However, the delegates quickly began considering measures to replace the Articles, and the first proposal discussed was the Virginia Plan, which called for a bicameral (two-house) Congress, an elected chief executive, and an appointed judicial branch. The delegates debated and crafted compromises, ultimately creating a powerful central government that divided power between the states and the federal government. The Constitution was signed on September 17, 1787, and ratified on June 21, 1788, becoming the supreme law of the land and one of the longest-lived and most emulated constitutions in the world.
| Characteristics | Values |
|---|---|
| Date of commencement of discussions | May 25, 1787 |
| Location of discussions | Independence Hall, Philadelphia |
| Number of delegates | 38 |
| Number of signatures on the constitution | 39 |
| Date the constitution was signed | September 17, 1787 |
| Date the constitution was ratified | June 21, 1788 |
| Number of amendments | 27 |
| Number of states required for ratification | 9 |
| Number of states that ratified the constitution | 11 |
| Date of commencement of the new government | March 4, 1789 |
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What You'll Learn
The Constitutional Convention
The delegates to the convention were chosen by the state legislatures of 12 of the 13 original states, with Rhode Island refusing to send delegates. The convention's initial mandate was limited to amending the Articles of Confederation. However, the delegates quickly began considering measures to replace them. The first proposal, introduced by delegates from Virginia, called for a bicameral (two-house) Congress that would be elected on a proportional basis based on state population, an elected chief executive, and an appointed judicial branch.
For 10 days, the members of the convention discussed the Virginia resolutions, which were startling to many delegates. The critical issue was the distinction between a federation and a national government. Some delegates, such as Gouverneur Morris, favoured a strong national government with supreme power, while others cringed at the vision of a central government usurping state sovereignty. On June 13, delegates from smaller states rallied around the New Jersey Plan, which proposed a "union of the states merely federal."
On July 24, a Committee of Detail was elected to draft a detailed constitution reflective of the resolutions passed by the convention. The committee presented a 23-article (plus preamble) constitution, which was discussed section by section and clause by clause from August 6 to September 10. On September 17, 1787, 38 delegates signed the Constitution, with George Reed signing for the absent John Dickinson of Delaware, bringing the total to 39 signatures. The Constitution was then ratified by the states, with New Hampshire becoming the ninth state to ratify on June 21, 1788.
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The Virginia Plan
The plan was notable for its role in setting the agenda for debate at the Convention and for introducing the idea of population-weighted representation in the proposed national legislature. It favoured the interests of states with large populations, while the New Jersey Plan was proposed in response to protect small state interests. The Virginia Plan was supported by large states, while smaller states generally opposed it, preferring alternatives that guaranteed equal representation for each state.
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The New Jersey Plan
Discussions for the new US Constitution started in May 1787, when delegates to the Constitutional Convention assembled in Philadelphia. The convention was convened to address the shortcomings of the Articles of Confederation, which was America's first constitution.
First Resolution: The first resolution proposed retaining the unicameral system of legislature outlined in the Articles of Confederation, while allowing for revisions. This would ensure that each state had equal representation in the legislature, regardless of their population.
Second Resolution: The second resolution expanded the powers of Congress, granting it the authority to collect import duties, raise taxes through measures such as a stamp tax and postage, and regulate interstate commerce and commerce with other nations.
Third Resolution: The third resolution established the three-fifths rule, whereby the number of enslaved people in a state would be counted as three-fifths of their total population for the purpose of determining congressional representation and funding requests from the states.
Fourth Resolution: The fourth resolution called for the creation of an executive branch consisting of multiple individuals, who could be removed by a majority vote of the states.
Fifth Resolution: The fifth resolution provided for a federal judiciary appointed by the executive branch.
Sixth to Ninth Resolutions: The remaining resolutions are not as well-documented, but it can be assumed that they further elaborated on the structure and functioning of the proposed government.
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The Federalist-Anti Federalist debate
The United States Constitution was drafted in the summer of 1787 at the Philadelphia Convention, marking the beginning of the Federalist-Anti-Federalist debate. The Federalists supported the ratification of the Constitution, while the Anti-Federalists opposed it. The Anti-Federalists included small farmers, landowners, shopkeepers, and labourers. They generally agreed that the Constitution consolidated too much power in the federal government, taking power away from the states, and that the unitary president resembled a monarch. They also believed that the liberties of the people were best protected when power resided in state governments rather than a federal one. Notable Anti-Federalists included Patrick Henry, Samuel Adams, Richard Henry Lee, Elbridge Gerry, Edmund Randolph, and George Mason, who refused to sign the document.
The Federalists, on the other hand, believed that a stronger national government was necessary after the failure of the Articles of Confederation. They argued that the Constitution provided a system of checks and balances, with three equal branches preventing any one person or group from having too much power. They also believed that the federal courts had limited jurisdiction, leaving many areas of the law to the state and local courts. Alexander Hamilton, James Madison, and John Jay, writing under the pen name of Publius, wrote a series of 85 newspaper essays known as The Federalist Papers to support their cause.
The Anti-Federalists mobilized against the Constitution in state legislatures and published a series of articles and speeches, collectively known as The Anti-Federalist Papers. They were concerned about the absence of a bill of rights in the original text of the Constitution and wanted guaranteed protection for basic liberties such as freedom of speech and trial by jury. To address these concerns, James Madison reluctantly agreed to draft a list of rights, resulting in the Bill of Rights, which was added in 1791.
The Federalists prevailed, and the U.S. Constitution was ratified in 1788 and went into effect in 1789. However, the Anti-Federalists played an important role in the origin of the Bill of Rights, which secured the basic rights and privileges of American citizens.
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Ratification
Discussions for the new US Constitution began in May 1787, when delegates from 12 of the 13 original states assembled at Independence Hall in Philadelphia. The convention was convened to amend the Articles of Confederation, which had become ineffective in meeting the needs of the young nation. However, the delegates quickly began considering measures to replace the Articles, including proposals for a bicameral (two-house) Congress, an elected chief executive, and an appointed judicial branch.
The process of ratification for the new Constitution was established in Article VII, which stated that ratification by the conventions of nine out of the 13 states would be sufficient for its establishment. The founders intentionally bypassed the state legislatures, anticipating resistance from members who would be reluctant to cede power to a national government. Instead, they called for special ratifying conventions in each state.
On June 21, 1788, New Hampshire became the ninth state to ratify the Constitution. This marked a significant milestone, as it fulfilled the requirement set forth in Article VII. The Confederation Congress then passed resolutions setting dates for choosing the first senators and representatives, electing the first president, and officially starting the new government.
The first Wednesday of January (January 7, 1789) was designated for choosing the first senators and representatives. The first Wednesday of February (February 4) was set for electing the first president. And the first Wednesday of March (March 4) was established as the date for the new government to officially begin, with the first Congress convening in New York City.
The ratification of the Constitution by nine states enacted the new government and marked a pivotal moment in American history. It replaced the Articles of Confederation, which had been America's first constitution but lacked enforcement powers and effective mechanisms for regulating commerce and taxation. The new Constitution established a powerful central government, separating powers into three branches: the legislative, executive, and judicial branches, with a system of checks and balances to ensure no branch held too much power.
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Frequently asked questions
Discussions for a new constitution began in 1786 when Madison and John Tyler proposed that the Continental Congress be given the power to regulate commerce throughout the Confederation.
America's first constitution, the Articles of Confederation, gave the Confederation Congress the power to make rules and request funds from the states, but it had no enforcement powers, couldn't regulate commerce, or print money.
The new constitution was drafted at the Constitutional Convention, which assembled in Philadelphia between May 25 and September 17, 1787.
The new constitution was ratified on June 21, 1788, when New Hampshire became the ninth state to do so.
