Eleanor Finch
The United States Constitution, the oldest and longest-standing written and codified national constitution, was drafted in 1787. The drafting process was completed at the Constitutional Convention, which assembled in Philadelphia, Pennsylvania. The first draft of the Constitution was presented by the Committee of Detail, which included John Rutledge, Edmund Randolph, Nathaniel Gorham, Oliver Ellsworth, and James Wilson. This draft was discussed and debated for several weeks, after which a Committee of Style was appointed to prepare the final version. Gouverneur Morris, often referred to as the penman of the Constitution, played a significant role in finalizing the document. The final draft was presented on September 12, 1787, and was voted in favor of by the Constitutional Convention on September 17, 1787.
| Characteristics | Values |
|---|---|
| Date of the first draft | Before June 1776 |
| Author of the first draft | Thomas Jefferson |
| Date of the first draft's endorsement | 1787, May 25 |
| President of the convention | General George Washington |
| Committee of Detail Chairman | John Rutledge (SC) |
| First draft writer | James Wilson (PA) |
| Date of the first draft's presentation | 1787, August 6 |
| Number of articles in the first draft | 23 |
| Number of pages in the first draft | 7 |
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What You'll Learn
The Committee of Detail
The committee used the original Virginia Plan, the decisions of the convention on modifications to that plan, and other sources to produce the first full draft. They referenced state constitutions, the Articles of Confederation, plans submitted to the convention, and other available material. The two preliminary drafts that survive, as well as the text of the Constitution submitted to the convention, were written by either Wilson or Randolph.
Much of what was included in the committee's draft consisted of details that hadn't been previously debated or included in any other plan before the convention. Most of these were uncontroversial and unchallenged, and as such, much of what Rutledge's committee included in this first draft made it into the final version of the constitution without debate. The committee decided mostly on issues that hadn't been deliberated but weren't likely to be contested.
The committee added the phrase "giving them aid and comfort" to the section on treason to narrow the definition from more ambiguous phrases that had been proposed in the convention. Randolph's statement in the preamble of the committee's report suggests that the Constitution was deliberately written to be broad and flexible to accommodate social or technological change over time. He stated that a draught of a fundamental constitution should include only essential principles and use simple and precise language, allowing for accommodation to times and events.
After five weeks of debate over the committee of detail's draft Constitution, the Constitutional Convention appointed a committee of style to prepare a final version. Gouverneur Morris, later known as the "penman of the Constitution," did most of the work. On September 17, 1787, the Constitutional Convention voted in favor of the Constitution, and the states were left to accept or reject this new plan of government.
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Gouverneur Morris: Penman of the Constitution
The US Constitution is the oldest and longest-standing written and codified national constitution in the world. The drafting of the Constitution, often referred to as its framing, was completed at the Constitutional Convention, which assembled in Philadelphia in 1787. The convention was called to revise the Articles of Confederation, which gave little power to the central government.
The first draft of the Constitution was presented to the convention on August 6, 1787, by the Committee of Detail Chairman Rutledge (SC). This draft consisted of a preamble and 23 articles covering seven large pages. The draft was mostly written by Wilson (PA). The convention then adjourned for 10 days to study the draft.
After five weeks of debate over the committee's draft, the convention appointed a Committee of Style and Arrangement to prepare a final version. Gouverneur Morris, later known as the "Penman of the Constitution," did most of the work on this committee. The final draft, presented on September 12, contained seven articles, a preamble, and a closing endorsement, of which Morris was the primary author. The committee also presented a proposed letter to accompany the constitution when delivered to Congress.
On September 17, 1787, after several days of further revision, the Constitutional Convention voted in favor of the Constitution. The states were then left to accept or reject this new plan of government. Gouverneur Morris also coined the famous phrase "We the People," which is considered an improvement on the original draft's list of the 13 states.
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Thomas Jefferson's rough notes
Thomas Jefferson's draft constitution for Virginia, which he prepared in the spring of 1783, was later published as an appendix to his Notes on Virginia. This constitution was a revision of the Virginia Constitution of 1776, which Jefferson regarded as "the whole object" of the Revolutionary movement.
Jefferson's draft of a state constitution divided the government into legislative, executive, and judicial branches. He also barred delegates from consecutive terms and included the statement, "No lands shall be appropriated until purchased from the Indian [s] ".
Jefferson's constitution survives in a rough draft and a fair copy. The rough draft, which was likely formulated before he arrived in Philadelphia on May 14, 1776, was six pages long and included a preamble or justification. The first page of the first draft was greatly altered by interlining, crossing out, etc., and became the final form of this part of the document. The second page, containing an elaboration of the justification, was not used in the third draft, and pages three to six are mere headings or outlines of a fundamental law.
The first draft was followed by two more drafts before June 13, 1776, when George Wythe left Philadelphia bearing the third draft. Jefferson altered the first page of the first draft by making interlined additions and numbering the charges against the king, adding some that did not appear in the third draft. Items 1 to 9 in this list coincide exactly with the corresponding unnumbered charges in the third draft, but between items 6 and 7 are three interlined items that do not occur in the third draft.
In addition to Jefferson, several other individuals played a role in the creation of the U.S. Constitution, including James Madison, George Washington, Benjamin Franklin, James Wilson, Alexander Hamilton, George Mason, John Dickinson, Gouverneur Morris, and Robert Morris.
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The Committee of Style and Arrangement
The drafting of the US Constitution was a long and complex process, involving several committees and many revisions. The Committee of Style and Arrangement, also known as the Committee of Detail, was appointed to prepare a final version of the Constitution. The committee members included Nathaniel Gorham of Massachusetts, John Rutledge, Edmund Randolph, James Wilson, and Oliver Ellsworth. The Committee of Style and Arrangement was tasked with reviewing, revising, and finalising the draft Constitution.
The committee's work began after five weeks of debate over the Committee of Detail's draft Constitution. The Constitutional Convention, held in Philadelphia in 1787, appointed this committee to create a coherent and polished final draft. Gouverneur Morris, later known as the "Penman of the Constitution", did most of the work on this final version. Morris, a member of the Federalist Party, crafted language that subtly shifted the interpretation of the Constitution in favour of a stronger national government. His changes were so subtle that both Federalists and Republicans could appeal to the text to support their respective interpretations during the early days of the republic.
The committee's work was not just limited to stylistic changes. They also had the important task of ensuring that the various sections of the Constitution were coherent and consistent. This was no easy feat, as the convention delegates had strong and differing opinions on many issues, such as the regulation of commerce and slavery. The southern states, for example, were concerned that a New England-dominated Congress might use export taxes to damage their economic interests.
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The final draft
The Constitutional Convention of 1787 was called to revise the Articles of Confederation, which gave little power to the central government. The Convention soon abandoned the Articles, drafting a new Constitution with a much stronger national government. Nine states had to approve the Constitution before it could go into effect. The final document, engrossed by Jacob Shallus, was taken up on September 17, 1787, at the convention's final session.
The first draft of the Constitution was presented on August 6, 1787, by the Committee of Detail Chairman John Rutledge (SC). It consisted of a preamble and twenty-three articles covering seven large pages, with a wide margin for members to make notes. Of the twenty-three articles, two were introductions, seven dealt with Congress and its powers, one covered the Executive, one the judiciary, three provided for interstate comity, and seven covered miscellaneous topics such as the admission of new states and ratification.
The drafting of the Constitution, often referred to as its framing, was a collaborative effort involving many key figures. Benjamin Franklin of Pennsylvania, at 81 years old, brought a wealth of experience as a printer, storekeeper, publisher, scientist, public official, philosopher, diplomat, and ladies' man. James Wilson of Pennsylvania was a distinguished lawyer with a deep understanding of constitutional theory and law. Alexander Hamilton of New York was a brilliant, ambitious former aide-de-camp and secretary to Washington during the Revolution. George Mason of Virginia authored the Virginia Bill of Rights, and John Dickinson of Delaware was the reserved author of the "Farmers' Letters."
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Frequently asked questions
The first draft of the U.S. Constitution was written by the Committee of Detail, which included John Rutledge, Edmund Randolph, Nathaniel Gorham, Oliver Ellsworth, and James Wilson.
The final draft of the U.S. Constitution was primarily authored by Gouverneur Morris, who is often referred to as the "penman of the Constitution."
Yes, several other individuals played significant roles in the creation of the U.S. Constitution. These include Alexander Hamilton, William Samuel Johnson, Rufus King, and Benjamin Franklin.
The drafting process began with the appointment of the Committee of Detail to create a draft constitution. After a recess, the committee presented the first draft, which consisted of a preamble and twenty-three articles. This draft was discussed and revised over several weeks. A Committee of Style and Arrangement, which included Morris, was then tasked with preparing a final version. The final draft was presented on September 12, 1787, and ratified by eleven states, instituting a new form of government.
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