Articles and Convention

Before the new plan for the government was written during the Revolutionary War, the central government for the Thirteen Colonies was the Continental Congress. The Congress was made up of a group of representatives from each colony. The Continental Congress recorded what was discussed in each of its meetings.

Who were the representatives who wrote the new plan for government?

The people who wrote the new plan for government were some of the most important leaders in the United States. Here are some of them:

John Dickinson of Pennsylvania wrote the first draft of the plan. He is sometimes called the "Penman of the Revolution" for his writings against the actions of the British government. He even wrote a song called "The Liberty Song," one of the earliest patriotic American songs!

Samuel Adams was a businessman and politician from Boston, Massachusetts. He was one of the earliest organizers of colonial resistance against the British government. He was also the second cousin of future president John Adams.

Roger Sherman, from Connecticut, was one of only two people to sign the three founding documents of the United States: the Declaration of Independence, the Articles of Confederation, and the Constitution.

The Articles of Confederation created an official central government for the United States. The new central government replaced the Continental Congress and was called the Confederation Congress. Unlike the United States government today, the central government under the Articles of Confederation only had one branch. The Confederation Congress, a group of representatives from each state, was completely responsible for governing. There was no president or court system. The following passage from the Articles of Confederation explains the representation of each state within the Confederation Congress. Read the passage.

No state shall be represented in Congress by less than two, nor more than seven members . . .

[While voting] in the United States in Congress assembled, each state shall have one vote.

Under the Articles of Confederation, each state could have a different number of representatives and the same number of votes.

Where was the president under the Articles of Confederation?

There really wasn't one! There was a president of the Confederate Congress, but that post had little power. The writers of the Articles of Confederation were afraid of giving too much power to one person.

The Declaration of Independence blamed many problems in the Thirteen Colonies on King George III.

Remember that the Articles of Confederation were written during the Revolutionary War, when the colonies declared independence from Great Britain. Great Britain was ruled by a king. The writers of the Articles of Confederation thought that having a president might be like having a king again!

Many Americans worried about their new country's problems. People also worried that the Confederation Congress was unable to address those problems. Read part of a letter that George Washington wrote in 1787.

Most of the [state] legislatures have appointed . . . delegates to meet at Philadelphia . . . to revise and correct the defects of the federal system.

delegates: representatives

defects: problems

federal system: central government under the Articles of Confederation

Did the Articles do anything good?

Yes! It's true that the central government under the Articles of Confederation wasn't strong enough to solve many problems in the United States. But it still had several important accomplishments:

• The Northwest Ordinance of 1787 organized land west of the Appalachian Mountains into a territory. This law created a process to turn this territory eventually into new states!

• The Articles created the idea of a perpetual union of states. The word "perpetual" means "never-ending." So, even though states might have differences, the Articles introduced the idea that the states should be united forever.

How was the Constitution written?

The Constitution was written in 1787 by a group of representatives from the states. Their four-month meeting was later called the Constitutional Convention. The representatives created the government structure that is still in place today, more than 200 years later!

How is the Constitution used today?

The Constitution plays an important role in American government, especially in the Supreme Court. The Supreme Court determines whether laws are constitutional, or permitted by the Constitution. To decide which laws are constitutional, Supreme Court justices interpret, or determine the meaning of, the Constitution.

Before the states adopted the Constitution, the powers of the central government were described in the Articles of Confederation. The Articles of Confederation were written quickly and accepted by the states in the middle of the Revolutionary War. The committee that wrote the Articles created a central government that could organize the war. However, the committee did not trust an overly powerful government, so they did not give the government the power to enforce, or make people follow, the law. Overall, they gave the central government very few powers.

The central government had very few powers under the Articles of Confederation. Its main powers included negotiating treaties with other countries, printing and coining money, and declaring war.

What was the central government not allowed to do?

The Articles of Confederation did not give the central government the power to enforce the law. For example, the central government could not force states to pay taxes or provide troops. Instead, they had to trust the states to contribute resources voluntarily. However, few states did.

James Madison, one of the Founders of the United States, wrote about the problems with the Articles of Confederation. Read the following passage from one of Madison's essays.

The practice of many states in restricting [trade] with other states . . . is certainly adverse to the spirit of the Union and tends to beget retaliating regulations, . . . [which] are destructive of the general harmony.

restricting: limiting

adverse: harmful

beget: create

retaliating: revenging

Every state for itself

Under the Articles of Confederation, the central government could not regulate commerce, or business and trade. Lack of regulation meant that states competed with each other to trade with foreign countries. Instead of working together, states tried to limit one another to gain a trading advantage. For example, states on the coast taxed inland states for using their ports.

Would the United States survive?

After the Revolutionary War, people around the world thought that the United States would fail. The young country's first attempt at creating its own government was not working well. One British magazine wrote that the United States could be better described as "the Thirteen Dis-United States."

To address the problems with the Articles of Confederation, a group of congressmen called for a meeting of all the states. That meeting would later be known as the Constitutional Convention.

But before the states could meet, Shays's Rebellion broke out in Massachusetts. Read about the Shays's Rebellion crisis.

In the 1780s, Revolutionary War veteran Daniel Shays returned home to his farm in western Massachusetts. He was shocked to discover that he was being called to court for not paying off his debts. Shays did not have the money to pay his debt because he had not yet been paid for his service in the war. Shays was furious—the state government was punishing him for not paying his debts, but the central government hadn't even paid him for fighting in the war!

Many farmers in western Massachusetts were in the same situation as Shays. When the farmers could not pay their debts, the Massachusetts state courts began seizing the farmers' land and property.

Angered at the courts, Shays and other farmers felt they had no choice but to use force. They marched to the courthouses with pitchforks, clubs, and muskets and refused to let the courts meet. Fearing the mobs, the Massachusetts governor assembled a militia to fight the farmers. The battles between the state militia and the farmers ended with 4 dead and 20 wounded.

militia: a group of volunteers who fight in emergencies

Shays's Rebellion alarmed many Americans, including some of the men who would attend the Constitutional Convention.

How did Shays's Rebellion impact the Constitutional Convention?

Before and during the convention, some people argued that a stronger central government could have prevented Shays's Rebellion:

• • The central government could have stopped the state government from taking away the farmers' land.

  • The central government could have sent federal troops to stop the violence.

Because of the crisis, some people changed their minds about restricting the central government's power. They started to agree that a stronger central government could have prevented the rebellion.

What did Thomas Jefferson think?

Not everyone was alarmed by Shays's Rebellion. Thomas Jefferson, who was serving as an ambassador to France, wrote the following about the rebellion:

I hold it that a little rebellion now and then is a good thing, and as necessary in the political world as storms in the physical. . . . It is a medicine necessary for the sound health of government.

Jefferson thought rebellions helped prevent the government from becoming oppressive. Similarly, some Americans thought that the farmers involved in Shays's Rebellion were treated unfairly, and therefore had the right to protest the government taking away their land.

The Constitutional Convention was held in the Pennsylvania state house in Philadelphia.

The state house today

Today, the old state house is called Independence Hall. In 1787, the delegates to the Constitutional Convention gathered in the building's assembly room.

Where did the delegates sit?

Independence Hall has a museum that recreates how the assembly room might have looked when the delegates met for the convention.

These letters were written by delegates at the start of the Constitutional Convention. Read the letters.

Letter from Virginia delegate George Mason to his son

America has certainly, upon this occasion, drawn forth her first characters; there are [at] this Convention many gentlemen of the most respectable abilities, and so far as I can discover, of the purest intentions. The eyes of the United States are turned upon this assembly, and their expectations raised to a very anxious degree. May God grant, we may be able to gratify them, by establishing a wise and just government.

first: best

intentions: goals

anxious: high

gratify: satisfy

Letter from Virginia delegate James Madison to Thomas Jefferson's secretary

Our affairs are considered on all hands as at a most serious crisis. No hope is entertained from the existing [government structure]. And the eyes and hopes of all are turned towards this new assembly. The result therefore whatever it may be must have a material influence on our destiny.

entertained: received

material: significant

Capable and intelligent: sharing the room with George Washington

By 1787, George Washington was already a famous American because of his leadership as commander-in-chief during the Revolutionary War. In letters to friends and family, several delegates mentioned that George Washington's presence at the convention was impressive.

A bet at the Constitutional Convention

One evening during the convention, New York delegate Alexander Hamilton mentioned to Pennsylvania delegate Gouverneur Morris that George Washington always seemed to be proper and reserved, even with close friends. Morris disagreed, boasting that he could be as friendly with Washington as with any other friend.

Hamilton made a bet with Morris. Hamilton would buy dinner for Morris and his friends if Morris gently slapped Washington on the shoulder and said, "My dear General, I am very happy to see you look so well!"

Morris accepted the bet. The next evening, Morris did exactly as Hamilton had said. Startled, Washington withdrew his hand from Morris's, stepped back, and shot him an angry frown until Morris retreated into the crowd without a word. Morris later told Hamilton, "I have won the bet, but paid dearly for it, and nothing could [convince] me to repeat it."

At the beginning of the Constitutional Convention, the delegates agreed on a set of rules. One rule was that the entire process should take place in secret. The secrecy rule stated that no materials or information from the convention could be released to the press or the public.

How did the convention actually work?

The first official meeting was on May 25, 1787. The delegates met from 10 A.M. to 3 P.M. every day except Sundays. They continued meeting until September 17, 1787, with very few breaks. Through the hottest summer months, the delegates debated in the State House with the windows closed so that no one could overhear their discussions.

What did the delegates do after work?

In the evenings, the delegates socialized with one another or prepared for the next meeting. Often they met in Philadelphia's bustling City Tavern. Even George Washington frequently dined and talked politics with other delegates in City Tavern.

Virginia delegate James Madison took detailed notes during the Constitutional Convention. Read Madison's description of his convention notes.

[I was determined] to preserve . . . an exact account of what might pass in the Convention, . . . as I was [impressed] with the gratification promised to future curiosity.

gratification: enjoyment

"Father of the Constitution"

Madison is sometimes called the "Father of the Constitution" because of his contributions during and after the convention. However, Madison later wrote, "[The Constitution] ought to be considered the work of many heads and many hands."

Madison's foresight was 20/20

Madison predicted that his notes would be valuable for people in the future who would be interested in how the United States government was created. He turned out to be right! His notes are the primary record of the convention for historians today.

One of the first things the delegates decided on was a new structure for the central government. They planned a central government made up of three branches.

Where did the delegates get the idea to separate the powers?

During the convention, many delegates justified the idea of separation of powers by quoting the French political philosopher Charles-Louis de Secondat de Montesquieu (MON-tehs-kyew).

Around 1748, Montesquieu wrote, "Constant experience shows us that every man invested with power is [likely] to abuse it." He meant that giving one person too much power would be dangerous. Do you think Montesquieu was right?

The debate over representation lasted for more than a month. Finally, a small group of delegates proposed a compromise between the Virginia Plan and the New Jersey Plan.

The Virginia Plan proposed a bicameral legislature where representation would be based on population. States with large populations supported it.

The New Jersey Plan proposed a unicameral legislature where representation would be equal. States with small populations supported it.

The Great Compromise between the Virginia and New Jersey Plans proposed a bicameral legislature, where representation in the House of Representatives was based on population and representation in the Senate was equal.

Were all of the delegates happy with the compromise?

No. The compromise left some delegates dissatisfied. Some delegates from large states were angry that the small states had won equal representation in one of the houses. They thought that this gave the small states too much power per person.

The delegates later said that the debates over representation almost broke apart the convention.

The delegates at the convention strongly disagreed about the issue of slavery. Some delegates wanted to ban slavery on moral principle, while delegates from southern states argued that their economies depended on slavery. The southern delegates threatened to walk out of the convention if slavery were banned.

Were all of the delegates satisfied with the compromise?

No. Some northern delegates said they could not agree to a government that allowed slavery to continue. But the agreement was considered a compromise for these reasons:

• • Northern delegates could still ban slavery in the future.

  • Southern delegates expected that in 20 years their states would have larger populations and more representatives. They hoped to stop Congress from passing any future ban on slavery.

Why did anti-slavery delegates agree to the compromise?

Southern delegates threatened to walk out of the convention if others voted to ban slavery from all states. Anti-slavery delegates felt forced to choose between creating a more effective government and staying true to their convictions.

This passage is from a speech that Pennsylvania delegate Benjamin Franklin wrote for the last day of the Constitutional Convention. Read the passage.

I confess that 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 doubt, too, whether any other Convention we can [have] may be able to make a better Constitution. . . . Thus I consent, Sir, to this Constitution, because I expect no better, and because I am not sure, that it is not the best.

at present: currently

consent: agree

What did other delegates think about the Constitution?

Though most delegates did not think the Constitution was perfect, they agreed to support it publicly. They hoped that showing united support would convince the states to adopt the Constitution.

What was it like to share the room with Benjamin Franklin?

At 81 years old, Benjamin Franklin was the oldest delegate at the convention. Many delegates respected Franklin, as he was already well known for his accomplishments as a scientist, publisher, writer, businessman, and politician.

Although Franklin contributed a lot to the convention, his poor health prevented him from giving speeches. Franklin wrote his speeches, but another Pennsylvania delegate, James Wilson, often delivered them.

Of the delegates present at the end of the convention, three refused to sign the Constitution: Edmund Randolph of Virginia, George Mason of Virginia, and Elbridge Gerry of Massachusetts. One reason they refused to sign it was that they thought that the Constitution needed a bill of rights.

Why was a bill of rights important?

The Constitution expanded the central government's powers. To balance out the expansion, several delegates believed that the Constitution also needed a bill of rights, or a list of certain individual rights that would always be protected.

The lack of a bill of rights was one reason that the three men ( Edmund Randolph of Virginia, George Mason of Virginia, and Elbridge Gerry of Massachusetts) refused to sign the Constitution.

What kind of rights did they want?

Most Anti-Federalists were especially concerned with protecting the right to trial by jury and the freedom of the press. Gerry and Mason tried to put these rights in the original Constitution, but their proposals were rejected. Despite this, persistent Anti-Federalists made sure the Bill of Rights was later added to the Constitution.

Before the Constitution could become the law of the land, it had to be ratified by 9 of the 13 states.

Why 9 out of 13 states?

Under the Articles of Confederation, any amendment, or change to the document, had to be approved by all thirteen states. But no amendment to the Articles had ever been added because the states were never able to all agree on one.

The delegates thought that the Constitution would never be ratified by all thirteen states. So, they lowered the number of states required to adopt the Constitution to nine out of thirteen, or two-thirds of the states.

The ninth state, New Hampshire, ratified the Constitution on June 21, 1788, less than a year after the convention ended. Eventually, the delegates were proven wrong, and all thirteen states ratified the Constitution. Rhode Island was the last state to ratify on May 29, 1790, more than two and a half years after the convention ended.

During the ratification process, James Madison, New York delegate Alexander Hamilton, and American diplomat John Jay wrote a series of essays called the Federalist Papers to convince the public that the Constitution should be ratified.

Read the list of some of the topics in the essays.

Topics frequently covered in the Federalist Papers

• • why the central government needed more powers than it was given in the Articles of Confederation

  • why the separation of powers would prevent any group from having too much power

  • why the proposed Constitution would protect individual rights

In other words, it's clear that the public was concerned about the central government abusing its power.

The Federalist Papers

Alexander Hamilton, James Madison, and John Jay wrote the essays and published them under the pseudonym (SOOD-oh-nim), or secret name, Publius. The Federalist Papers were first published in several New York newspapers.

The essays were later published together in one book called The Federalist. The copy on the left is from 1788. It was a gift from Alexander Hamilton's wife, Elizabeth Hamilton, to her sister Angelica Church. Church later gave the book to Thomas Jefferson.