Omar Bennett
The drafting of the US Constitution began on May 25, 1787, when the Constitutional Convention met for the first time at the Pennsylvania State House in Philadelphia, Pennsylvania. The convention was called to revise the Articles of Confederation, the nation's first constitution, which gave little power to the central government. The convention soon abandoned the Articles, however, drafting a new Constitution with a much stronger national government. The drafting process involved several committees, including the Committee of Detail, composed of John Rutledge, Edmund Randolph, Nathaniel Gorham, Oliver Ellsworth, and James Wilson, and the Committee of Style and Arrangement, composed of Alexander Hamilton, William Johnson, Rufus King, James Madison, and Gouverneur Morris, the primary author of the final draft. The final document was signed by 39 delegates on September 17, 1787, and the ratification process began, ending when the final state, Rhode Island, ratified it on May 29, 1790.
| Characteristics | Values |
|---|---|
| Date of drafting | May 25, 1787 |
| Location | Pennsylvania State House, Philadelphia, Pennsylvania |
| First constitution | Articles of Confederation and Perpetual Union |
| Date of first constitution | Mid-June 1777 |
| Date of final draft | September 12, 1787 |
| Number of articles in the final draft | Seven |
| Number of signers | 39 |
| Date of signing | September 17, 1787 |
| Date of ratification | June 21, 1788 |
| Key people involved | Gouverneur Morris, George Washington, James Madison, John Rutledge, Edmund Randolph, Nathaniel Gorham, Oliver Ellsworth, James Wilson, Alexander Hamilton, William Johnson, Rufus King, Abraham Baldwin, David Brearly, Pierce Butler, Daniel Carrol, John Dickinson, Nicholas Gilman, Roger Sherman, Hugh Williamson, Benjamin Franklin, Jared Ingersoll, Thomas Mifflin, Robert Morris, Thomas FitzSimons, George Clymer, William Livingston, Luther Martin, Charles C. Pinckney, John Langdon, William Blount, William Richardson Davie, Alexander Martin, Richard Dobbs Spaight, John Blair Jr., James McClurg, George Wythe, Jonathan Dayton, William Houston, William Paterson, George Mason, and more. |
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What You'll Learn
The Committee of Detail
The committee was given a week and a half to prepare the first draft of the Constitution, which conformed to the resolutions adopted by the convention, adding some elements. The committee referenced state constitutions, the Articles of Confederation, plans submitted to the convention, and other available material. The committee also used the original Virginia Plan, the decisions of the convention on modifications to that plan, and other sources, to produce the first full draft.
The committee's report included a twenty-three-article constitution (plus preamble) and was presented to the convention on August 6, 1787. From August 6 to September 10, the report was discussed, section by section and clause by clause, with further compromises being made. The committee's draft included many uncontroversial and unchallenged details, and much of what was included in this first draft made it into the final version of the constitution without debate.
The committee also added some elements and exercised considerable discretion in a few instances. For example, they added the phrase "giving them aid and comfort" to the section on treason to narrow the definition from more ambiguous phrases proposed in the convention. Randolph's statement in the preamble of the committee's report suggests that the Constitution was written to be broad and flexible to accommodate social or technological change over time.
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The Committee of Style and Arrangement
The drafting of the United States Constitution was a long and arduous process involving many committees and conventions. One of these committees was the Committee of Style and Arrangement, which was formed towards the end of the Constitutional Convention's discussions on the report of the Committee of Detail. The Committee of Style and Arrangement included Alexander Hamilton from New York, William Samuel Johnson from Connecticut, and Rufus King from Massachusetts. Gouverneur Morris, a member of the committee, was later known as the "penman of the Constitution" as he did most of the work.
The final document was engrossed by Jacob Shallus and taken up on September 17, 1787, at the convention's final session. Several of the delegates were disappointed in the result, with some leaving before the ceremony and three refusing to sign. Of the thirty-nine signers, Benjamin Franklin summed up by saying:
> "There are several parts of this Constitution which I do not at present approve, but I am not sure I shall never approve them. [...] I am not sure that it is not the best."
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 on June 21, 1788.
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The Constitutional Convention
General George Washington was unanimously elected president of the convention. The delegates first appointed a Committee of Detail, composed of John Rutledge (South Carolina), Edmund Randolph (Virginia), Nathaniel Gorham (Massachusetts), Oliver Ellsworth (Connecticut), and James Wilson (Pennsylvania), to draft a constitution reflective of the resolutions passed by the convention. The committee presented a 23-article (plus preamble) constitution, which was discussed and revised from August 6 to September 10.
A Committee of Style and Arrangement, including Alexander Hamilton from New York, William Samuel Johnson from Connecticut, and Rufus King from Massachusetts, was then appointed to prepare a final draft. Gouverneur Morris, later known as the "penman of the Constitution," did most of the work. The final draft, presented on September 12, contained seven articles, a preamble, and a closing endorsement.
On September 17, 1787, the Constitutional Convention voted in favor of the Constitution, and the ratification process began. The Constitution became the official framework of the US government on June 21, 1788, when New Hampshire became the ninth of 13 states to ratify it. The Constitution superseded the Articles of Confederation, delineating the separation of powers into three branches: the legislative, executive, and judicial.
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The Articles of Confederation
The Articles established a firm league of friendship among the thirteen free and independent states, creating a confederation with a central government. Each state retained sovereignty and every power not expressly delegated to the United States under the Articles. The Congress established by the Articles had representation based on a single vote for each state, regardless of population.
The Articles gave limited powers to the central government, and while the Confederation Congress had some decision-making abilities, it lacked enforcement powers. The implementation of decisions required legislative approval by all thirteen states, and the central government had limited ability to regulate commerce, raise funds, and assemble delegates.
The ratification process for the Articles took over three years, with Virginia being the first state to ratify on December 16, 1777. Maryland was the final state to ratify on March 1, 1781, and the Articles officially went into effect.
However, concerns arose over the limitations of the central government under the Articles, and in 1787, a Constitutional Convention was convened to revise them. This ultimately led to the creation of a new Constitution with a stronger national government, which superseded the Articles of Confederation in 1789.
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The ratification process
The debate played out in newspapers, pamphlets, and public meetings across the country. The Federalist Papers, a series of 85 essays written by Hamilton, Madison, and Jay under the pseudonym "Publius," were a key tool for the Federalists, articulating arguments in favor of ratification and addressing Anti-Federalist concerns. Each state held a special convention to debate and vote on ratification. The process was challenging, with significant opposition in several states. By June 1788, eight states had ratified the Constitution. New Hampshire's decision to ratify on June 21, 1788, made it the ninth state, ensuring that the Constitution would go into effect. However, key states like Virginia and New York had yet to ratify, and their participation was crucial for the legitimacy of the new government. Virginia, after intense debate, ratified the Constitution on June 25, 1788, followed by New York on July 26, 1788, after the Federalists agreed to recommend a Bill of Rights.
The first federal elections were held from December 15, 1788, to January 10, 1789, and the new government officially began on March 4, 1789, with George Washington as the first President and John Adams as Vice President.
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Frequently asked questions
The drafting of the American Constitution was a collaborative effort involving many individuals. Some key figures include:
- Gouverneur Morris: Often referred to as the "penman of the Constitution," Morris was the primary author of the final draft.
- James Madison: One of the Constitution's most fervent advocates, Madison was a delegate from Virginia and played a significant role in lobbying for votes in favor of ratifying the Constitution.
- Alexander Hamilton: Hamilton led the call for a constitutional convention and was a member of the Committee of Style and Arrangement, which prepared the final version of the Constitution.
- John Rutledge: Rutledge, from South Carolina, was a member of the Committee of Detail and delivered a working draft of the proposed Constitution on August 6, 1778.
The Constitutional Convention of 1787 was assembled to revise the Articles of Confederation, which was the first constitution of the United States. However, the Convention ultimately abandoned the Articles and drafted a new Constitution with a stronger national government.
The drafting of the American Constitution began on May 25, 1787, when the Constitutional Convention first met in Philadelphia. The final draft of the Constitution was presented to the convention on September 12, 1787, and was signed and adopted on September 17, 1787.
The ratification process began on September 17, 1787, after the Constitution was signed and adopted by 38 out of 41 delegates present. It required ratification by nine of the 13 existing states to become binding. The first state to ratify was Delaware on December 7, 1787, followed by Pennsylvania, New Jersey, Georgia, and Connecticut. The final state, Rhode Island, ratified the Constitution on May 29, 1790.
