Omar Bennett
The United States Constitution, which was signed on September 17, 1787, by 38 delegates, established a powerful central government. However, it was not until February 2, 1790, that the Supreme Court held its first session, marking the date when the government under the Constitution became fully operational. The Constitution's creation was preceded by the Articles of Confederation, the first American constitution, which was sent to the 13 states for consideration in 1777. The Articles formed a war-time confederation of states, with a limited central government, and it remained in force from March 1, 1781, until 1789, when the present-day Constitution took effect.
| Characteristics | Values |
|---|---|
| Date of adoption | November 15, 1777 |
| Date submitted to 13 states for consideration | November 17, 1777 |
| Date of force | March 1, 1781 |
| Date of current Constitution | 1789 |
| Date of Constitutional Convention | May 25, 1787 |
| Date of final vote on the Constitution | September 15, 1787 |
| Date of signing of the Constitution | September 17, 1787 |
| Date of first session of the Supreme Court | February 2, 1790 |
| Number of deputies with no restrictions on the number of deputies a State could send | No restriction |
| States that did not send deputies to the Constitutional Convention | Rhode Island and Providence Plantations |
| States that ratified the Constitution | Delaware, Pennsylvania, New Jersey, Georgia, Connecticut, Massachusetts, Maryland, South Carolina, New Hampshire, Virginia, New York, North Carolina, and Rhode Island |
| Number of amendments offered by State conventions | 78, excluding Rhode Island's 21 and North Carolina's |
| Number of signatures on the Constitution | 39 |
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What You'll Learn
The Articles of Confederation
The need for a declaration of independence was linked with the demands of international relations. On June 7, 1776, Richard Henry Lee introduced a resolution before the Continental Congress, declaring the colonies independent. He also urged Congress to prepare a plan of confederation for the newly independent states. Congress then created three committees to draft the Declaration, a model treaty, and the Articles of Confederation. The Dickinson Draft of the Articles of Confederation named the confederation "the United States of America."
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The Philadelphia Convention
The Articles of Confederation had been ratified by 13 states in 1777, following the Revolutionary War. However, it soon became apparent that this constitution had limitations. The Confederation Congress had the power to make rules and request funds from the states, but it lacked enforcement powers, could not regulate commerce, and could not print money. This led to disputes between the states over territory, war pensions, taxation, and trade, threatening to tear the young nation apart.
In September 1786, delegates from five states met at the Annapolis Convention and proposed a larger convention to be held in Philadelphia the following year. On February 21, 1787, the Confederation Congress endorsed this convention, agreeing that its purpose was to revise the Articles of Confederation. However, many of the proponents of the convention, including James Madison and Alexander Hamilton, had a different agenda. They sought to create a new system of government rather than simply revise the existing one.
During the convention, the delegates debated and ultimately decided to discard the Articles of Confederation and start fresh with a new framework for a stronger federal government. They proposed and discussed several broad outlines, including Madison's Virginia Plan and William Paterson's New Jersey Plan. The Virginia Plan, which proposed a bicameral legislature with representation based on population, was ultimately selected as the basis for the new government. The delegates worked towards consensus, taking straw votes and keeping the discussions and votes secret until the conclusion of the meeting.
The result of the Philadelphia Convention was the creation of the United States Constitution, which established a powerful central government. On September 17, 1787, 38 delegates signed the Constitution, marking the conclusion of the convention and the beginning of a new era for the United States.
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Signing the Constitution
The United States Constitution was signed on September 17, 1787, at Independence Hall in Philadelphia, Pennsylvania. The signing of the document was preceded by four months of fierce debate, during which the delegates deliberated on a plan for a new form of republican government to replace the weak central government established by the Articles of Confederation. The Constitutional Convention featured many of the great minds of the day, including James Madison, James Wilson, Gouverneur Morris, Alexander Hamilton, and Benjamin Franklin, as well as the most important regional leaders in the United States.
The Constitution was first read to the group, and Franklin, in poor health at the age of 81, delivered a speech introducing the motion for the delegates to sign the document. Franklin acknowledged that there were parts of the Constitution that he did not approve of but expressed his willingness to accept it, stating that it was the best that could be hoped for at the time. He concluded his speech with a plea for all the delegates to sign the Constitution.
The ensuing debate saw some delegates express their refusal to sign the document. Hugh Williamson from North Carolina proposed that a letter should accompany the document when sent to Congress in New York, as it would address the concerns of some members who disliked the Constitution. Williamson was referring to three delegates—Elbridge Gerry, George Mason, and Edmund Randolph—who objected to the final version and refused to sign.
Despite the objections, a motion to sign the document was approved by ten of the state delegations. The document was then signed by 39 of the 42 delegates present, with George Washington signing first, followed by each state delegation from north to south. The signatures were gathered by Jacob Shallus, the assistant clerk for the Pennsylvania General Assembly, who was paid $30 for his efforts. The signing of the Constitution marked the endorsement of the document by the delegates, with a declaration that their work had been successfully completed.
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Ratification
The process of revising the Articles of Confederation began in May 1787, when delegates from the states gathered in Philadelphia to discuss the current framework of government. On September 17, 1787, 38 delegates signed the new Constitution, with George Reed signing on behalf of the absent John Dickinson of Delaware, bringing the total to 39.
The ratification process was not without opposition. The Anti-Federalists, who opposed the creation of a powerful central government, fought against the ratification of the Constitution. They argued that it lacked a bill of rights to protect citizens' freedoms, a concern shared by Thomas Jefferson, who corresponded with John Adams on the matter. The Federalists, on the other hand, believed that a strong central government was necessary to face the nation's challenges.
The first state to ratify the Constitution was Delaware on December 7, 1787. By June 21, 1788, nine states had ratified the Constitution, and it 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. However, four states still remained outside the newly formed union: Virginia, New York, North Carolina, and Rhode Island.
The ratification of the Constitution by these remaining states was a challenging process. Virginia and New York were large and populous states, and it took the active support of James Madison and the intercession of George Washington to change the minds of many delegates in Virginia. In New York, the ratification process was influenced by the ongoing negotiations between Alexander Hamilton and Thomas Jefferson regarding the Funding Act and the Residence Act.
Rhode Island was the last state to ratify the Constitution, doing so nearly two years after New York and almost three years after the Constitution was first ratified. On May 29, 1790, Rhode Island finally approved the document, marking the completion of the ratification process for all 13 states.
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The Bill of Rights
During the debates on the adoption of the Constitution, its opponents repeatedly charged that the Constitution as drafted would open the way to tyranny by the central government. They demanded a "bill of rights" that would spell out the immunities of individual citizens. Several state conventions ratified the Constitution with the understanding that amendments would be offered.
James Madison, a member of the US House of Representatives, proposed a list of amendments to the Constitution on June 8, 1789. The House approved 17 amendments, of which the Senate approved 12. These were sent to the states for approval in August 1789. On September 25, 1789, the First Congress of the United States proposed 12 amendments to the Constitution, addressing the arguments most frequently advanced against it. Ten of these proposed amendments were ratified by three-fourths of the state legislatures on December 15, 1791, becoming the first 10 amendments of the Constitution, or the US Bill of Rights.
The first eight amendments in the Bill of Rights concern the rights of the people, while the last two deal with the powers reserved for the states and the people. The First Amendment, for example, protects freedom of speech, freedom of religion, freedom of the press, and the right to assemble and petition the government. The Second Amendment guarantees the right to bear arms, and the Third Amendment prohibits the quartering of soldiers in civilian homes without consent. The Fourth Amendment safeguards citizens' right to be free from unreasonable government intrusion into their homes, requiring a warrant for searches and seizures. The Ninth Amendment states that the rights not specifically mentioned in the Constitution are retained by the people, and the Tenth Amendment reserves powers not delegated to the federal government for the states or the people.
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Frequently asked questions
The Articles of Confederation, which served as the United States' first constitution, came into force in 1777 and was replaced by the present-day Constitution in 1789.
Rhode Island and Providence Plantations.
The Supreme Court first held a session on February 2, 1790, marking the date when the government under the Constitution became fully operational.
The House of Representatives, preceded by their Speaker, entered the Senate Chamber and took their assigned seats. The President of the United States was then introduced to the Senate Chamber by the joint committee.
