Delegates from all states, with the exception of Rhode Island, converged on Philadelphia in May 1787 to revise the Articles of Confederation. The legislature unanimously chose Washington as president of the convention, and most agreed on a few prevailing principles once Alexander Hamilton convinced the crowd that the Articles had best be scrapped and another document created.

Original Thirteen States

Work Begins

George Washington led the delegates, which included Benjamin Franklin, Alexander Hamilton, and James Madison. In Europe on diplomatic matters, Thomas Jefferson and John Adams missed the work and the rancor. Patrick Henry, who supported the limited central government of the Confederation, staunchly refused to attend.

If the purpose was to speak their minds, the delegates were successful from the start. New Jersey's William Paterson proposed reforming the Articles of Confederation, thus allowing the Confederation to levy taxes and regulate commerce and trade. His New Jersey Plan would recognize congressional acts as supreme beyond the laws of the respective states. However, the convention rejected Paterson's plan.

A few delegates protested that states with large populations were due considerably more votes than the single vote the Confederation allowed. Other delegates felt that too much power rested with the individual states.

The Virginia Plan

James Madison, representing Virginia, presented his alternative for a national republic with a powerful central government, which limited the sovereignty of individual states. Madison's Virginia Plan drew its authority not from the thirteen states but from the population as a whole. The Convention voted to accept the Virginia Plan, with its idea of a lower house based on population, and left a committee to work out the composition of the upper house. On July 16, 1787, the committee proposed the “Great Compromise” that each state have two members in this upper house of legislative government. As part of this concept, there was a three-part national government with lower and upper houses, an executive branch, and a judiciary component chosen by the entire legislature.

Early Compromises

While the delegates agreed to the basic principles that Madison and his Virginia Plan outlined early in June, they began to address contentious topics, including this issue of population in regard to representation, as well as regional issues such as slavery.

Many Southern states had large numbers of black slaves, and Northern delegates argued that since slaves could not vote, they should not be counted for purposes of representation. Doing so would yield more power to the Southern agenda. Of course, the Southerners didn't see it this way, arguing that slaves should be counted as part of the population. Compromise came when it was agreed that three-fifths of a state's enslaved populace would be counted for representation and taxation.

Powers Vested

The Constitution required more work when it came to defining judicial power. The delegates created a Supreme Court and left the rest of the planning to the first Congress, which then had to tackle how this court system would be established.

Having accepted the “Great Compromise,” they agreed that the Senate would be the governmental body filled with two delegates from each state, and that the House of Representatives would be based on population in those states. In addition, rather than have the people vote for the president and vice president, they would select members of a small Electoral College to do so. In the event that one candidate did not receive a majority of votes cast by this Electoral College, the House of Representatives was charged with making the selection.

The executive office would be responsible for carrying out all laws, and the executive officer, the president, would serve as commander in chief of the armed forces. It is interesting to note that the founding fathers chose to have a civilian (the president) be the chief commander of the armed forces. In addition, the president would oversee foreign relations and appoint federal judges and other federal officials.

Regarding issues of finance, the delegates gave the power of currency issue to the new national government. This took away from the individual states the right to issue money. The power of taxation was given to both the national and the state governments.

Checks, Balances, and Everyone's Blessing

Delegates to the Constitutional Convention were astute in setting up a system of checks and balances. For instance, even though the president also served as the commander in chief, only Congress could declare war. The delegates gave the president veto power over Congress, although with a two-thirds majority, the Congress could override such an action. The judicial checks were less thought-out at this juncture, but years later, when the chief justice of the United States declared a law unconstitutional, the judicial review process became more firmly established.

Dealing with issues of power and setting limitations on that power proved to be dicey. On September 17, 1787, after much debate, the convention completed the Constitution of the United States. Now, the conventioneers had to gather the delegates' formal signatures, and the states had to ratify the new document outlining the new form of government. Actually, nine states had to ratify the Constitution before it would take effect. Five states — Delaware, Pennsylvania, New Jersey, Georgia, and Connecticut — were the first to approve, and New Hampshire provided the decisive ratification vote in 1788. Some states, including New York and Pennsylvania, insisted more work be done to safeguard fundamental individual rights. Congress submitted twelve amendments, ten of which were adopted as Articles I through X of the U.S. Constitution — collectively known as the Bill of Rights. When Congress introduced the Bill of Rights in 1789, North Carolina and Rhode Island gave their formal approval to the Constitution, which was by now already operating as the law of the land.

The Preamble of the U.S. Constitution reads: “We the People of the United States, in Order to form a more perfect Union, establish Justice, insure domestic Tranquility, provide for the common defence, promote the general Welfare, and secure the Blessings of Liberty to ourselves and our Posterity, do ordain and establish this Constitution for the United States of America.”