In 1787, delegates from the individual states gathered at the
Constitutional Convention in Philadelphia, Pennsylvania, to change
the nation’s government. Under the Articles of Confederation, which
had been adopted in 1781, Congress proved to be weak and ineffective.
As a result of a weakening economy and growing opposition to
Congress, the states decided to hold a convention to address the situation. Instead of revising the Articles of Confederation to strengthen the current government, however, the delegates proposed replacing it with
an entirely new government under the Constitution of the United
States.
Commercial conventions
The idea for calling a statewide convention to solve the problem of a
weak Congress came from the success of two other conventions. In
November 1785, delegates from Virginia and Maryland held a convention in Alexandria, Virginia, to solve certain boundary and commercial
disputes.
The success of the Alexandria Convention prompted the two states
to call another convention in September 1786 in Annapolis, Maryland. Virginia and Maryland hoped that all states could be encouraged to develop a common interstate commercial policy. Only five states sent delegates to Annapolis. The result of the Annapolis Convention, however, was
another invitation for the states to gather in Philadelphia in May 1787.
This time the delegates would focus on the issues surrounding the powers of Congress and possible reforms to the Articles of Confederation.
At one time or another from May to September, every state except
Rhode Island sent delegates to the Constitutional Convention in
Philadelphia. (Rhode Island was against a powerful national government.) Seventy-four delegates were appointed by the states to attend, but
only fifty-five attended. The conference quickly turned from discussing
reform measures for the Articles of Confederation to establishing an entirely new government.
The convention
The decision to replace rather than revise the Articles of Confederation
happened nearly immediately. After the delegates had established a process
for conducting business, Virginia delegate Edmund Randolph
(1753–1813) submitted a proposal to be the basis for further deliberations.
The proposal, which became known as the Virginia Plan, had fifteen components that together set forth an entirely new design for the nation’s government. The convention delegates agreed to discuss this new plan.
There were several issues to be resolved by the delegates. The first
was to establish the strength and specific powers of the federal government as compared to the state governments. Another was to establish fair
representation in the federal government. Smaller states were mostly interested in establishing a fixed number of equal representatives for each
state. Larger states wanted representation to reflect the population of
each state. The issue of how to count slaves for representation and taxation also had to be resolved. This issue divided the northern states, where
slavery was being abolished, from the southern states. Northern states
did not want slaves to count at all for representation in Congress, while
southern states wanted them to count fully.
Main proposals
The Virginia Plan was the basis for discussions throughout the convention. It proposed a genuinely national government with broad powers. A two-house legislature was to replace the one-house Congress set forth in
the Articles of Confederation. Representation in both houses would be
based on population. A lower house would be elected directly by the
people. In turn it would elect the upper house out of nominations made
by the state legislatures. A separate executive branch was to be led by an
officer elected by Congress. The officer’s term was unspecified, but the
officer could be elected for only one term. There was also a provision
calling for a national judiciary. The government set forth by the Virginia
Plan would have had the power to override any state laws.
The New Jersey Plan was introduced as an alternative by New Jersey
delegate William Paterson (1745–1806). It proposed equal representation for all states in a one-house legislature, as existed already under the
Articles of Confederation. It defined, however, the powers of the legislature to include the ability to collect revenue and regulate commerce. The
New Jersey Plan otherwise protected the right of state governments to
control business in the states. Though the proposal was quickly dismissed by most delegates, it officially set forth the small states’ claim to
an equal vote in Congress.
After strenuous debates, the framers settled on a few compromises.
The Great Compromise set forth the provision that two houses of
Congress would exist. The lower house would be apportioned representatives according to population, and they were to be elected directly by
the people. The upper house would consist of two representatives for
each state chosen by the state legislatures. Another compromise defined
that three-fifths of the slave population would be counted for the purpose of representation and taxation. In defining the powers of Congress,
delegates enumerated a much broader list of legislative powers than
Congress had under the Articles of Confederation. Much of the responsibility for regulating the daily governmental business of American life,
however, remained with the states.
In mid-September 1787, the convention put its various resolutions
and decisions into a final draft. The Constitution set forth a powerful
central government balanced within by three branches of responsibility.
The legislative branch had two chambers in Congress, the House of
Representatives and the Senate, and was given the responsibility for making the laws. An executive branch, led by an elected president, was to
oversee the enforcement of those laws. Finally, a judicial branch headed by a Supreme Court was to decide cases under the laws through a system of independent federal courts.
The final draft of the Constitution was signed by thirty-nine delegates to the Constitutional Convention. It needed only nine states of the
thirteen to ratify it to replace the government under the Articles of
Confederation. New Hampshire was the ninth state to ratify the
Constitution, on June 21, 1788. Several states submitted their approval
with recommendations for a Bill of Rights to protect the liberties, or
freedom, of people from unfair governmental action. Both North
Carolina and Rhode Island rejected the Constitution fully until after the
addition of the Bill of Rights.