Simone Lawson
The U.S. Constitution is the fundamental framework of America's system of government. It separates the powers of government into three branches: the legislative, executive, and judicial. It was written and signed in 1787 in Philadelphia, in the Assembly Room of the Pennsylvania State House, now known as Independence Hall. The Constitutional Convention, also known as the Philadelphia Convention, was held from May 25 to September 17, 1787, and resulted in the creation of a new system of government. The convention was initially intended to revise the Articles of Confederation, but ultimately led to the drafting of a new constitution. The final version of the Constitution was produced in early September and signed by 39 of 55 delegates on September 17, 1787.
| Characteristics | Values |
|---|---|
| Location | Philadelphia |
| Place | Pennsylvania State House, now known as Independence Hall |
| Dates | 25 May 1787 – 17 September 1787 |
| Attendees | 55 delegates |
| Leadership | George Washington |
| Agenda | Revise the existing government |
| Outcome | A new system of government with three branches: legislative, executive, and judicial |
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What You'll Learn
The Philadelphia Convention
The convention was initially intended to revise the existing Articles of Confederation, which served as America's first constitution. However, many delegates, including James Madison of Virginia and Alexander Hamilton of New York, sought to establish a new framework of government rather than simply amend the existing one. They believed that the Articles of Confederation were inadequate, as they lacked enforcement powers, the ability to regulate commerce, and the authority to print money, leading to disputes among the states.
General George Washington of Virginia, a proponent of a stronger national government, was elected president of the convention. The delegates, representing diverse interests and views, engaged in heated debates over several critical issues. The role of the executive was a significant point of contention, including the question of whether to divide power among multiple people or vest it in a single chief executive, the process of electing a president, the length of presidential terms, and the number of allowable terms.
Another contentious issue was slavery, with delegates debating the inclusion of a fugitive slave clause, the potential abolition of the slave trade, and whether slaves would be counted in proportional representation. The convention also witnessed the emergence of two factions: the Federalists, who supported the Constitution and advocated for a strong central government, and the Anti-Federalists, who opposed it due to concerns about centralised power and the absence of a bill of rights.
The final version of the Constitution was produced by the Committee of Style in early September and voted on by the delegates. It was signed by 39 of the 55 delegates on September 17, 1787, and printed in newspapers for public review, marking a significant step towards establishing a new system of government in the United States.
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The Federalists and Anti-Federalists
The US Constitution was written and signed in 1787 in Philadelphia, in the Assembly Room of the Pennsylvania State House, now known as Independence Hall. The drafting of the Constitution was preceded by growing concerns about the Articles of Confederation, America's first constitution, which 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 disputes among the states over territory, war pensions, taxation, and trade threatened to tear the young country apart.
The Federalists were instrumental in shaping the new US Constitution, which, according to the Anti-Federalists, strengthened the national government at the expense of the states and the people. The Anti-Federalists, led by Patrick Henry of Virginia, believed that the Constitution, as drafted, would lead to a powerful presidency akin to monarchy and that it lacked sufficient protections for individual rights and state rights. They also believed that a large central government would not adequately represent the interests of small towns and rural areas.
The Anti-Federalists mobilized against the Constitution in state legislatures across the country, particularly in Massachusetts, Virginia, and New York. They argued that the Constitution needed a Bill of Rights to guarantee specific liberties. Initially, James Madison, a prominent Federalist and the primary architect of the Constitution, opposed the inclusion of a Bill of Rights, fearing that it would limit the people's rights. However, to address the concerns of the Anti-Federalists and ensure the successful ratification of the Constitution, the Federalists agreed to consider amendments. James Madison introduced draft proposals for what became the first ten amendments, known as the Bill of Rights, which reinforced the reservation of powers to the states and the people.
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The role of the executive
The U.S. Constitution was written and signed in 1787 in Philadelphia, in the Assembly Room of the Pennsylvania State House, now known as Independence Hall. The Constitutional Convention, also known as the Philadelphia Convention, was held from May 25 to September 17, 1787, and resulted in the creation of a new system of government with three branches: the legislative, executive, and judicial.
Another point of discussion was the election process for the President, including the length of a presidential term and the number of allowable terms. The delegates also considered what offenses should be impeachable and whether judges should be chosen by the legislature or the executive. These debates were influenced by the recent Revolutionary War and the desire to create a strong but balanced government.
The delegates spent a significant amount of time debating these issues, and progress was slow until mid-July when the Connecticut Compromise resolved many lingering arguments, allowing for a draft to be written by the Committee of Detail. The final version of the Constitution, produced by the Committee of Style, was voted on by the delegates and signed on September 17, 1787.
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Slavery
The original United States Constitution did not contain the words "slave" or "slavery" within its text. However, it implicitly recognised slavery through provisions such as the Three-Fifths Compromise (also referred to as the Three-Fifths Clause), which counted three-fifths of each state's enslaved population as part of its free population for the purposes of apportioning seats in the House of Representatives, allocating Congressional representation, and determining the number of electoral votes and direct taxes for each state. This gave the Southern states extra representation in the House of Representatives and extra votes in the Electoral College. The Three-Fifths Compromise was based on an approximation of the wealth that an enslaved person contributed to a state's economy, rather than a belief that enslaved people were three-fifths human.
The framers consciously avoided using the words "slave" or "slavery" in the Constitution, recognising that it would sully the document. However, slavery received important protections in the Constitution. In addition to the Three-Fifths Compromise, the Fugitive Slave Clause (Article IV, Section 2) asserted that a slave who was bound by the laws of their home state remained a slave even if they fled to a non-slavery state. The Migration or Importation Clause (Article I, Section 9) allowed Congress to end the importation of slaves from Africa in 1808, although it did not pass such legislation until that date. The power given to Congress to "suppress Insurrections" (Article I, Section 8) could also be used to end slavery, as it allowed federal troops to be sent to fight against enslaved people seeking freedom through violent means.
The Thirteenth Amendment to the Constitution, ratified in 1865, was the final answer to the question of slavery in the United States. It forbade chattel slavery across the United States and in every territory under its control, except as a punishment for crimes. The Thirteenth Amendment also restricted other forms of bound labour and servitude, such as indentured servitude and peonage, and has been used to empower Congress to make laws against modern forms of slavery, such as sex trafficking.
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The ratification campaign
The procedure established in ratifying the proposed new Constitution of 1787 was critical. Previous attempts to amend the Articles of Confederation had failed due to the requirement in the Articles for the unanimous approval of state legislatures. Without an alternative method of ratification, the Convention's proposal would likely not have been adopted. Consequently, politically astute alternatives were proposed and utilized in ratifying the new Constitution. The founders set the terms for ratifying the Constitution. They bypassed the state legislatures, reasoning that their members would be reluctant to give up power to a national government. Instead, they called for special ratifying conventions in each state. Ratification by 9 of the 13 states enacted the new government.
The Federalists, who believed that a strong central government was necessary to face the nation’s challenges, needed to convert at least three states. The Anti-Federalists, on the other hand, fought hard against the Constitution because it created a powerful central government that reminded them of the one they had just overthrown, and it lacked a bill of rights. The tide turned in Massachusetts, where the “vote now, amend later” compromise helped secure victory in that state and eventually in the final holdouts.
The first state to ratify the Constitution was Delaware on December 7, 1787, followed by Pennsylvania, New Jersey, Georgia, and Connecticut. On June 21, 1788, the Constitution became the official framework of the government of the United States of America when New Hampshire became the ninth of 13 states to ratify it. The Constitution was not ratified by all states until May 29, 1790, when Rhode Island finally approved the document, and the Bill of Rights was not ratified to become part of the Constitution until the end of the following year.
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Frequently asked questions
The US Constitution was written and debated in Philadelphia, Pennsylvania, in the Assembly Room of the Pennsylvania State House, now known as Independence Hall.
The US Constitution was written and debated during the Philadelphia Convention, also known as the Constitutional Convention or Federal Convention, which convened from May 25 to September 17, 1787.
The US Constitution was written by the Constitutional Convention, which was composed of 55 delegates representing different interests and views. George Washington was unanimously elected president of the convention.
The key debates during the Constitutional Convention included the role of the executive, the regulation of commerce, and slavery. The delegates also debated the insertion of a fugitive slave clause, the abolition of the slave trade, and whether slaves should be counted in proportional representation.
The outcome of the Constitutional Convention was the creation of a new system of government, with three branches: legislative, executive, and judicial. The completed proposed Constitution was signed by 39 delegates on September 17, 1787, and the ratification process began.
