Constitutional Convention

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 .