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[[Image:Constitution.jpg|right|300px]]

[[Image:Constitution.jpg|right|300px]]

The '''Constitutional Convention''' was held between May and September of 1787 in [[Philadelphia]], [[Pennsylvania]] to deal with the glaring weaknesses with the [[Articles of Confederation]]. Rather that revise the Articles of Confederation, the delegates at the Convention quickly decided to replace it with a new constitution. Famous patriots in attendance included [[Benjamin Franklin]], [[James Madison]], [[John Jay]], [[Alexander Hamilton]], [[George Washington]], [[George Mason]]. Absent were [[John Hancock]], [[Thomas Jefferson]], [[John Adams]], and [[Patrick Henry]].

The '''Constitutional Convention''' was held from May 25 to September 17, 1787, in [[Philadelphia]], [[Pennsylvania]] to deal with the glaring weaknesses with the [[Articles of Confederation]]. Rather that revise the Articles of Confederation, the delegates at the Convention quickly decided to replace it with a new constitution. Famous patriots in attendance included [[Benjamin Franklin]], [[James Madison]], [[John Jay]], [[Alexander Hamilton]], [[George Washington]], [[George Mason]]. Absent were [[John Hancock]], [[Thomas Jefferson]], [[John Adams]], and [[Patrick Henry]].

With [[George Washington]] presiding, the 55 delegates met in secret in Philadelphia and drafted a new document. Rather than revise the current Articles, Madison promptly declared that any confederacy was doomed to failure. The Constitution was approved by Congress and sent to the states for ratification.  After intense debate all 13 states ratified (some with the provision that a [[Bill of Rights]] be added) and the new government took office in March, 1789, with George Washington as the first president.

With [[George Washington]] presiding, the 55 delegates met in secret in Philadelphia and drafted a new document. Rather than revise the current Articles, Madison promptly declared that any confederacy was doomed to failure. The Constitution was approved by Congress and sent to the states for ratification.  After intense debate all 13 states ratified (some with the provision that a [[Bill of Rights]] be added) and the new government took office in March, 1789, with George Washington as the first president.

By 1785, newspaper essayists and petitioners in favor of national trade policies were demanding a vigorous, expanding, interdependent continental economy. They envisioned a national union whose primary purpose was to create a continental marketplace that could operate free of obstruction by contrived, and unnecessary, provincial entities.  Washington spoke for many American nationalists dismayed at the national weakness and loss of national pride. He knew that the Revolution had nearly been lost because of the impotence of the national government; Washington feared that the nation might not be so fortunate during the next emergency.<ref>Ferling; ''A Leap in the Dark'' p 258-9.</ref>

By 1785, newspaper essayists and petitioners in favor of national trade policies were demanding a vigorous, expanding, interdependent continental economy. They envisioned a national union whose primary purpose was to create a continental marketplace that could operate free of obstruction by contrived, and unnecessary, provincial entities.  Washington spoke for many American nationalists dismayed at the national weakness and loss of national pride. He knew that the Revolution had nearly been lost because of the impotence of the national government; Washington feared that the nation might not be so fortunate during the next emergency.<ref>Ferling; ''A Leap in the Dark'' p 258-9.</ref>

In the late 1780s, a crisis of self-confidence shook the new nation. Was its government strong enough to guarantee internal cohesion and to provide for the common defense against outside enemies (such as Britain and Spain), or indeed to defend against internal revolts (such as [[Shays Rebellion]] in Massachusetts, in 1786–87)?  <ref>Morris, (1987) p. 266</ref>

In the late 1780s, a crisis of [[self-confidence]] shook the new nation. Was its government strong enough to guarantee internal cohesion and to provide for the common defense against outside enemies (such as Britain and Spain), or indeed to defend against internal revolts (such as [[Shays Rebellion]] in Massachusetts, in 1786–87)?  <ref>Morris, (1987) p. 266</ref> Other issues led to the [[Mount Vernon Conference]], which was held in Washington's home.

The nationalists met at the 1786 [[Annapolis Convention]], which originated from a series of commercial meetings among the northeastern states. Some historians see it as an unsuccessful experiment in reforming the [[Articles of Confederation]]. Others emphasize that the nationalists at Annapolis, especially [[Alexander Hamilton]] of New York and [[James Madison]] of Virginia, used it to call for the Philadelphia convention. The Annapolis experience led Madison and the other nationalists to consider designing a new federal political system with a powerful central government. The report of the Conference, sent to Congress, requested "the appointment of Commissioners, to meet at Philadelphia on the second Monday in May next."

The nationalists met at the 1786 [[Annapolis Convention]], which originated from a series of commercial meetings among the northeastern states. Some historians see it as an unsuccessful experiment in reforming the [[Articles of Confederation]]. Others emphasize that the nationalists at Annapolis, especially [[Alexander Hamilton]] of New York and [[James Madison]] of Virginia, used it to call for the Philadelphia convention. The Annapolis experience led Madison and the other nationalists to consider designing a new federal political system with a powerful central government. The report of the Conference, sent to Congress, requested "the appointment of Commissioners, to meet at Philadelphia on the second Monday in May next."

Leading nationalists, led by Washington, Hamilton, and [[Benjamin Franklin]] called for a new constitution. The old Congress (based in New York) agreed and called the states to send delegates to a convention in Philadelphia in May of 1787. This convention, over the course of the summer, drew up a new constitution that was submitted to Congress and eventually to state ratification conventions for approval. James Madison, who arrived in Philadelphia early to map out an initial plan for debate, is called "the father of the Constitution." <ref>Morris (1987) pp 267-97.</ref> Madison took copious notes of the debates, which he refused to release until the last delegate was dead; they were published posthumously. <ref>Farrand (1911) p xv. The implication is that Madison did not want commentators using his notes to discover what the delegates meant by various provisions.</ref>

Leading nationalists, led by Washington, Hamilton, and [[Benjamin Franklin]] called for a new constitution. The old Congress (based in New York) agreed and called the states to send delegates to a convention in Philadelphia in May 1787. This convention, over the course of the summer, drew up a new constitution that was submitted to Congress and eventually to state ratification conventions for approval. James Madison, who arrived in Philadelphia early to map out an initial plan for debate, is called "the father of the Constitution." <ref>Morris (1987) pp 267-97.</ref> Madison took copious [[Notes of Debates in the Federal Convention of 1787|notes of the debates]], which he refused to release until the last delegate was dead; they were published posthumously.<ref>Farrand (1911) p xv. The implication is that Madison did not want commentators using his notes to discover what the delegates meant by various provisions.</ref>

Political parties did not exist in 1787 and were not mentioned in the Constitution. In each state, factions competed for control of the legislatures and the governorships. Because the states controlled their representatives to Congress, a geographically based factionalism pitting the different states against one other existed in the Continental Congress. The factions in the different states had little in common; politics did not cross state lines and no coalitions were formed that crossed state lines. Many nationalists feared Congress was too weak. <ref>McDonald, (1965), pp 17-32 on Congress; pp 33-132 covers each state.</ref>

Political parties did not exist in 1787 and were not mentioned in the Constitution. In each state, factions competed for control of the legislatures and the governorships. Because the states controlled their representatives to Congress, a geographically based factionalism pitting the different states against one other existed in the Continental Congress. The factions in the different states had little in common; politics did not cross state lines and no coalitions were formed that crossed state lines. Many nationalists feared Congress was too weak.<ref>McDonald, (1965), pp 17-32 on Congress; pp 33-132 covers each state.</ref>

==Drafting the Constitution==

==Drafting the Constitution==

On 29 May when [[Edmund Randolph]] proposed to replace the current government with a totally new structure. Randolph's ''Virginia Plan'' favored large states (Virginia had the largest population at the time) and increased the power of the central government. In mid June, the smaller states responded with the ''New Jersey Plan,'' introduced by William Patterson. The convention debated the New Jersey option until 19 June, when it was voted down. Therefore the Virginia Plan, much expanded and elaborated upon in the course of four-and-a-half months, formed the basis of the Constitution.

On 29 May when [[Edmund Randolph]] proposed to replace the current government with a totally new structure. Randolph's ''Virginia Plan'' favored large states (Virginia had the largest population at the time) and increased the power of the central government. In mid June, the smaller states responded with the ''New Jersey Plan,'' introduced by William Patterson. The convention debated the New Jersey option until 19 June, when it was voted down. Therefore, the Virginia Plan, much expanded and elaborated upon in the course of four-and-a-half months, formed the basis of the Constitution.

Madison, more liberal than most of the delegates, is given the major credit for shaping the key provisions, but most of his proposals were actually defeated.<ref>See Robertson (2005).</ref> Madison wanted broad national authority independent of state governments and population-based congressional representation. Delegates from smaller states opposed had other goals: to nationalize only selective public goods, to maintain most state policy autonomy, and to minimize contingencies imposed by other governments. Connecticut's delegates, particularly Roger Sherman, played a pivotal role in revising Madison's agenda. Madison's convention opponents are responsible for a Constitution that nationalized only enumerated public goods and imposed potentially high transaction costs on any further nationalization of policy authority. They helped make federalism a lasting political weapon used to win substantive policy outcomes, says Robertson.

Madison, more liberal than most of the delegates, is given the major credit for shaping the key provisions, but most of his proposals were actually defeated.<ref>See Robertson (2005).</ref> Madison wanted broad national authority independent of state governments and population-based congressional representation. Delegates from smaller states opposed had other goals: to nationalize only selective public goods, to maintain most state policy autonomy, and to minimize contingencies imposed by other governments. Connecticut's delegates, particularly Roger Sherman, played a pivotal role in revising Madison's agenda. Madison's convention opponents are responsible for a Constitution that nationalized only enumerated public goods and imposed potentially high transaction costs on any further nationalization of policy authority. They helped make federalism a lasting political weapon used to win substantive policy outcomes, says Robertson.

==Conflicts==

==Conflicts==

===National vs State Government===

===National vs State Government===

====Nationalists====

====Nationalists====

These delegates, notably Hamilton, wished to see most power in a central government.

Other delegates, notably Hamilton, wished to see most power in a centralized government, at the expense of the states.<ref>[https://books.google.com/books?id=1GfMQlHQl0YC&pg=PA100 The Principles of Constitutional Government: Political Sovereignty], "Hamilton's proposed plan called for the subjugation of the States.  He candidly confessed that he would prefer to abolish the states completely, but was willing to tolerate their existence if they could be controlled completely by a centralized government."</ref>  The Hamilton Plan, a plan which was not even debated when it was proposed, was viewed by the delegates as outright abolishing the states altogether into one nationalized governmental body.  First proposed in a long dissertation on June 18th, Hamilton returned the following day and stated the following:

 

====State's Rights====

====State's Rights====

====Solution: Federalism====

====Solution: Federalism====

[[Federalism]] was adopted, which provides a supreme, yet constricted national government with a small set of nineteen [[Enumerated powers]], leaving the bulk of the remaining powers in the hands of sovereign states.

[[Federalism]] was adopted, which provides a supreme, yet constricted general government with a small set of nineteen [[Enumerated powers]], leaving the bulk of the remaining powers in the hands of sovereign states. On August 6th, the first appearance of the draft Constitution, the opening phrase "We the People" had not yet been fully developed.  The final version refers to "We the People" of the "United States", but the original draft contained the names of all thirteen sovereign states and referred to "We the People" within those states.<ref>[http://avalon.law.yale.edu/18th_century/debates_806.asp Madison Debates, August 6], We the people of the States of New Hampshire, Massachussetts, Rhode-Island and Providence Plantations, Connecticut, New-York, New-Jersey, Pennsylvania, Delaware, Maryland, Virginia, North-Carolina, South-Carolina, and Georgia, do ordain, declare, and establish the following Constitution for the Government of Ourselves and our Posterity.</ref>

===Small states versus large===

===Small states versus large===

====Connecticut Compromise====

====Connecticut Compromise====

{{main|Connecticut Compromise}}

{{main|Connecticut Compromise}}

Also known as the Great Compromise, this established a bicameral legislature ([[Congress]]). The upper house ([United States Senate|[Senate]]) was to contain two votes per state, with [[Senators]] chosen by state legislatures. The lower house ([[House of Representatives]]) was based on population, with representatives chosen by the people. The Great Compromise also called for the Articles to be completely replaced.

Also known as the Great Compromise, this established a bicameral legislature ([[Congress]]). The upper house ([[United States Senate|Senate]]) was to contain two votes per state, with [[Senators]] chosen by state legislatures. The lower house ([[House of Representatives]]) was based on population, with representatives chosen by the people. The Great Compromise also called for the Articles to be completely replaced.

===Executive, Legislative and Judicial branches===

===Executive, Legislative and Judicial branches===

===Slavery===

===Slavery===

The Constitution was written at a time when all the northern states were moving toward emancipation, and most leading southerners doubted the long-term viability of the institution. The Constitution did not use the word "slavery", but it allowed for the abolition of slave importation from abroad after 20 years,<ref> In 1808 Congress made the importation of a slave from abroad a serious crime. Britain at the same time outlawed the international slave trade; a small trickle of slaves were smuggled into the U.S. Edward Channing, ''The Jeffersonian System, 1801-1811'' (1906 100-110.</ref> for the return of fugitive slaves, and for counting 3/5 of the slave population (and all of the free population) in computing representation in the House and electoral college. That was a compromise between counting all the slaves (which would favor the South) or none (which would favor the North). Benjamin Franklin helped broker the compromises.<ref> Morgan (2001); Finkelman (1987)</ref>

The Constitution was written at a time when all the northern states were moving toward emancipation, and most leading southerners doubted the long-term viability of the institution. The Constitution did not use the word "slavery", but it allowed for the abolition of slave importation from abroad after 20 years,<ref>In 1808 Congress made the importation of a slave from abroad a serious crime. Britain at the same time outlawed the international slave trade; a small trickle of slaves were smuggled into the U.S. Edward Channing, ''The Jeffersonian System, 1801-1811'' (1906 100-110.</ref> for the return of fugitive slaves, and for counting 3/5 of the slave population (and all of the free population) in computing representation in the House and electoral college. That was a compromise between counting all the slaves (which would favor the South) or none (which would favor the North). Benjamin Franklin helped broker the compromises.<ref>Morgan (2001); Finkelman (1987)</ref>

===Finance===

===Finance===

==Ratification==

==Ratification==

An intense debate on ratification pitted the '''"Federalists"''' against the '''"Anti-Federalists,"''' with the former gaining the upper hand. The Anti-Federalists were deeply concerned about the theoretical danger of a strong central government (like that of Britain) that some day could ruin [[Republicanism]] and usurp the rights of the states.  Madison and Hamilton (joined by [[John Jay]]) countered with a series of newspaper essays, the [[Federalist Papers]], that helped New York to ratify.  All the states ratified but as a condition, the Anti-Federalists insisted on a bill of rights  which would meet most of their serious objections. The supporters of the Constitution agreed (and the [[Bill of Rights]] became part of the Constitution in 1791).  The Anti-Federalist element had never comprised an organized group, and had no national leaders. By 1791 its issues were moot; some left politics, and most joined the Jeffersonian Republican Party by 1796. <ref>Morris ''The Forging of the Union: 1781-1789'' pp 298-322. </ref>

An intense debate on ratification pitted the '''"Federalists"''' against the '''"Anti-Federalists,"''' with the former gaining the upper hand. The Anti-Federalists were deeply concerned about the theoretical danger of a strong central government (like that of Britain) that some day could ruin [[Republicanism]] and usurp the rights of the states.  Madison and Hamilton (joined by [[John Jay]]) countered with a series of newspaper essays, the [[Federalist Papers]], that helped New York to ratify.  All the states ratified but as a condition, the Anti-Federalists insisted on a bill of rights  which would meet most of their serious objections. The supporters of the Constitution agreed (and the [[Bill of Rights]] became part of the Constitution in 1791).  The Anti-Federalist element had never comprised an organized group, and had no national leaders. By 1791 its issues were moot; some left politics, and most joined the Jeffersonian Republican Party by 1796.<ref>Morris ''The Forging of the Union: 1781-1789'' pp 298-322.</ref>

The pro-Constitution forces, led by Washington and Hamilton, formed a new government in 1789, with Washington as president. Madison became a leader in the House, where he sponsored the Bill of Rights. Under pressure from his district he resisted moves toward a strong central government, especially those promoted by Hamilton.

The pro-Constitution forces, led by Washington and Hamilton, formed a new government in 1789, with Washington as president. Madison became a leader in the House, where he sponsored the Bill of Rights. Under pressure from his district he resisted moves toward a strong central government, especially those promoted by Hamilton.

==Conspiracy==

==Conspiracy==

Various conspiracy theories have been proposed about the Constitution, but all have been rejected by conservative scholars. For example the Progressive historians (led by [[Charles Beard]]), as well as Marxists, have portrayed the Constitution as a conspiracy of powerful merchants to enrich themselves further and to stop the growth of democracy.  That was false, as is the notion that the Constitutional Convention was somehow illegal or in violation of the laws. (The Convention was called by the existing Congress, which unanimously sent the finished document to the states for ratification.)<ref> For a good review and refutation of conspiracy theories, see [http://www.americanrevolution.org/grassman.html Dr. Curtis E. Grassman, "Conspiracy and the Making of the Constitution" online] which concludes, "The various conspiracy theses have not been very convincing. The historical proof or evidence offered by this school of historians has almost always been found wanting upon further investigation."</ref>

Various conspiracy theories have been proposed about the Constitution, but all have been rejected by conservative scholars. For example, the Progressive historians (led by [[Charles Beard]]), as well as Marxists, have portrayed the Constitution as a conspiracy of powerful merchants to enrich themselves further and to stop the growth of democracy.  That was false, as is the notion that the Constitutional Convention was somehow illegal or in violation of the laws. (The Convention was called by the existing Congress, which unanimously sent the finished document to the states for ratification.)<ref>For a good review and refutation of conspiracy theories, see [http://www.americanrevolution.org/grassman.html Dr. Curtis E. Grassman, "Conspiracy and the Making of the Constitution" online] which concludes, "The various conspiracy theses have not been very convincing. The historical proof or evidence offered by this school of historians has almost always been found wanting upon further investigation."</ref>

==Statistics==

==Statistics==

The majority of the speeches and debating come from Founders Gouverneur Morris, Elbridge Gerry, Charles Pinckney, James Wilson, George Mason, John Rutledge, Edmund Randolph, and James Madison himself.

The majority of the speeches and debating come from Founders Gouverneur Morris, Elbridge Gerry, Charles Pinckney, James Wilson, George Mason, John Rutledge, Edmund Randolph, and James Madison himself.

==Bibliography==

==Bibliography==

* Alexander, John K. ''The Selling of the Constitutional Convention: A History of News Coverage'' (1990)

* Alexander, John K. ''The Selling of the Constitutional Convention: A History of News Coverage'' (1990)

* Banning, Lance. "Republican Ideology and the Triumph of the Constitution, 1789 to 1793." ''The William and Mary Quarterly,''  3rd Ser., Vol. 31, No. 2 (Apr., 1974), pp. 167-188 [http://links.jstor.org/sici?sici=0043-5597(197404)3%3A31%3A2%3C167%3ARIATTO%3E2.0.CO%3B2-M in JSTOR]

* Banning, Lance. "Republican Ideology and the Triumph of the Constitution, 1789 to 1793." ''The William and Mary Quarterly,''  3rd Ser., Vol. 31, No. 2 (Apr., 1974), pp.&nbsp;167–188 [http://links.jstor.org/sici?sici=0043-5597(197404)3%3A31%3A2%3C167%3ARIATTO%3E2.0.CO%3B2-M in JSTOR]

* Beeman, Richard R. ''Plain, Honest Men: The Making of the American Constitution'' (2009), major scholarly study

* Beeman, Richard R. ''Plain, Honest Men: The Making of the American Constitution'' (2009), major scholarly study

* Beeman, Richard R. et al eds. ''Beyond Confederation: origins of the constitution and American national identity'' (1987)

* Beeman, Richard R. et al. eds. ''Beyond Confederation: origins of the constitution and American national identity'' (1987)

* Belz, Herman. ''A Living Constitution or Fundamental Law? American Constitutionalism in Historical Perspective'' (1988) by leading conservative scholar  [http://www.constitution.org/cmt/belz/lcfl.htm online edition]

* Belz, Herman. ''A Living Constitution or Fundamental Law? American Constitutionalism in Historical Perspective'' (1988) by leading conservative scholar  [http://www.constitution.org/cmt/belz/lcfl.htm online edition]

* Bowen, Catherine Drinker. ''Miracle at Philadelphia: The Story of the Constitutional Convention, May to September 1787'' (1986), very well written narrative

* Bowen, Catherine Drinker. ''Miracle at Philadelphia: The Story of the Constitutional Convention, May to September 1787'' (1986), very well written narrative

* McDonald, Forrest. ''The Formation of the American Republic, 1776-1790'' (1965), by a leading conservative historian

* McDonald, Forrest. ''The Formation of the American Republic, 1776-1790'' (1965), by a leading conservative historian

* McLaughlin, Andrew C. ''A Constitutional History of the United States'' (1935), standard history by leading scholar  [http://www.constitution.org/cmt/mclaughlin/chus.htm online edition]

* McLaughlin, Andrew C. ''A Constitutional History of the United States'' (1935), standard history by leading scholar  [http://www.constitution.org/cmt/mclaughlin/chus.htm online edition]

* McLaughlin, Andrew C. ''The Confederation and the Constitution, 1783-1789'' (1905) 348 pp. [http://books.google.com/books?id=CE8sAAAAIAAJ&pg=PA3&dq=intitle:constitution&num=30&as_brr=1 online from Google]

* McLaughlin, Andrew C. ''The Confederation and the Constitution, 1783-1789'' (1905) 348 pp. [https://books.google.com/books?id=CE8sAAAAIAAJ&pg=PA3&dq=intitle:constitution&num=30&as_brr=1 online from Google]

* Morgan, Kenneth. "Slavery and the Debate over Ratification of the United States Constitution." ''Slavery & Abolition'' 2001 22(3): 40-65. Issn: 0144-039x Fulltext: in Ingenta  

* Morgan, Kenneth. "Slavery and the Debate over Ratification of the United States Constitution." ''Slavery & Abolition'' 2001 22(3): 40-65. Issn: 0144-039x Fulltext: in Ingenta  

* Morris, Richard B. ''The Forging of the Union: 1781-1789'' (1987), standard survey of era by leading scholar

* Morris, Richard B. ''The Forging of the Union: 1781-1789'' (1987), standard survey of era by leading scholar

* Rutland, Robert Allen. ''The Birth of the Bill of Rights, 1776–1791'' (1955)

* Rutland, Robert Allen. ''The Birth of the Bill of Rights, 1776–1791'' (1955)

* Slonim, Shlomo.  "Securing States' Interests at the 1787 Constitutional Convention: a Reassessment.''  ''Studies in American Political Development 2000 14(1): 1-19. ISSN: 0898-588X  Fulltext: at Cambridge journals

* Slonim, Shlomo.  "Securing States' Interests at the 1787 Constitutional Convention: a Reassessment.''  ''Studies in American Political Development 2000 14(1): 1-19. ISSN: 0898-588X  Fulltext: at Cambridge journals

* Vile, John R. ''The Constitutional Convention of 1787: A Comprehensive Encyclopedia of America's Founding'' ABC-CLIO, 2005). 2 vols. 1083pp; 400 entries; ISBN: 1-85109-669-8

* Vile, John R. ''The Constitutional Convention of 1787: A Comprehensive Encyclopedia of America's Founding'' ABC-CLIO, 2005). 2 vols. 1083pp; 400 entries; ISBN 1-85109-669-8

* Warren, Charles. ''The Making of the Constitution'' (1928); by a leading conservative historian

* Warren, Charles. ''The Making of the Constitution'' (1928); by a leading conservative historian

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[[Category:United States Constitution]]

[[Category:United States Constitution]]