United States Constitutional Convention

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Scene at the signing of the United States Constitution. Painting by Howard Chandler Christy, 1940

The Constitutional Convention of the United States ( English Constitutional Convention or Philadelphia Convention ) met from May 25 to September 17, 1787 in the Pennsylvania State House in Philadelphia . The Convention drafted the United States Constitution , which is still in force today .

The assembly elected George Washington from Virginia, the former commanding general of the Continental Army in the American Revolutionary War (1770–1783) and supporter of a strong national government, as chairman . Originally, the mandate to the convention was to reform the system of government of the thirteen founding states laid down in the Articles of Confederation . From the beginning, however, it was clear to delegates like James Madison from Virginia or Alexander Hamilton from New York that a whole new constitution had to be created.

Several models for this have been proposed and discussed, including James Madison's Virginia Plan and William Paterson's New Jersey Plan . The delegates largely agreed from the start that the new federal government should be structured according to the principles of the separation of powers from the legislative , executive and judicial branches . There was also broad agreement on the tasks of each arm. The following questions, on the other hand, were debated intensively and in contradiction:

  1. Composition and election procedure of the Senate as legislative upper house in the bicameral system of Congress ;
  2. Establishing “proportional representation” based on the area or population of a state, including slaves in the population;
  3. Executive power is exercised by a three-person committee or by a single senior executive, the President ;
  4. Election procedure, term of office, number of terms of office of the president; possible reasons for impeachment proceedings ;
  5. Election of judges by the legislature or executive;
  6. Regulation regarding refugee slaves and the admissibility of abolishing the slave trade .

In mid-July, the Connecticut Compromise was so far agreed that on July 24, 1787 a Committee of Detail was commissioned to draw up a first detailed draft constitution. Until this was available, the Convention adjourned. From August 6th, further detailed questions were debated until a Committee on Style was able to draw up the final version at the beginning of September . After the vote in the Convention, the final text was written on parchment and signed by 39 of the 55 delegates on September 17, 1787. Then the public debate about ratification in the individual states began.

The thirteen founding states (area of ​​today's US states colored lighter).

prehistory

Confederation Congress weakness

In 1787 about 4 million people lived on the territory of the 13 independent states. The basis of the joint government was the Articles of Confederation and Perpetual Union drawn up by the Second Continental Congress , which were proposed in 1776, passed in the Continental Congress in 1778, but only ratified by all states in 1781. It quickly became clear that the Confederation Congress was incapable of resolving the conflicts that arose between individual states. According to Article 13 of the Confederation Articles, these could only be changed unanimously, which granted each individual state a right of veto . Since the Confederation Congress itself was not allowed to raise taxes and had no way of demanding payment claims from the states, its political scope was narrow.

Emerging conflicts between states

After independence had been secured in the Revolutionary War (1775–1783), the interests of the individual states developed in different directions, disputes arose: Maryland and Virginia fought over their border on the Potomac River . When Rhode Island levied taxes on traffic through Boston Post Road , James Madison suggested that state governments appoint agents for internal trade to examine a unified trade regime. Another cause for reform demands was Shays' rebellion in Massachusetts, a violent conflict over tax debts that lasted from 1786 to 1787. In this context, there was a call for a federal army that was supposed to maintain peace and defend the Union externally.

Annapolis Convention

From September 11 to 14, 1786, twelve delegates from five US states met in Annapolis, Maryland for the Annapolis Convention to discuss improvements to the Articles of Confederation. James Madison and Alexander Hamilton were among them. The MPs were given the task of discussing trade between the individual states. The New Jersey representatives were also empowered to address broader reforms. It was quickly realized that the trade could not be viewed in isolation and recommended in the final report to the Confederation Congress that a convention should meet in the Pennsylvania State House in May of the following year, at which all states should be represented.

The Philadelphia Convention

Assembly room in Independence Hall

The convention could not start on May 14th as planned, as only a few delegates arrived on time due to the difficult travel conditions in the late 18th century. A quorum of seven states only came about on May 25th. The New Hampshire MPs didn't even arrive until July 23. George Washington was unanimously elected President of the Congregation. It was agreed that the discussions and votes would be kept confidential until the end of the Convention. The report of the Secretary, William Jackson , is short and few details, so Madison's Notes of Debates in the Federal Convention of 1787 and Robert Yates' records are the primary sources for the course of the Convention.

Voting procedure in the Convention

In the Convention, each state was allowed to cast one vote for or against a proposal, depending on the majority of the votes among the delegates of the individual state. There was coming and going during the convention, with an average of only 30 to 40 MPs typically present. In the event of a tie or lack of a quorum due to absenteeism, a state could not take part in the vote. For example, two of the three delegates from New York State, Robert Yates and John Lansing , had already left the convention in July: With the draft constitution, especially with the idea of ​​a strong central government, the convention violated the mandate of the Continental Congress hence the rights of the individual states. Hamilton continued to attend the meetings and occasionally spoke up, but could no longer vote for New York State.

Separation of powers and a bicameral system

Front page of the Virginia Plan

James Madison used the waiting time until the convention had a quorum to work out a draft constitution. What became known as the Virginia Plan provided for a strong national government. Madison managed to win the MPs from Pennsylvania for his plan, so that this formed the starting point of the debate.

From the outset, the Convention agreed on certain principles: they wanted to go beyond the original mandate and draft a new constitution instead of merely improving the articles of confederation. The MPs justified this approach with the argument that the articles of confederation had the character of a treaty between independent states rather than of a constitution. It was also agreed that the new government should be granted additional rights vis-à-vis the individual states over the previous powers of the Confederation Congress.

Madison's plan assumed certain conditions that were no longer questioned during the Convention: These include the separation of powers and the division of Congress into two chambers. The English legal tradition in the system of government separates legislation from the exercise of law by the king and his court. Therefore, the delimitation of the legislature from the executive and judiciary could be taken for granted. The lack of separation of powers was recognized as a major reason for the paralysis of the confederate government in the 1780s.

Under English law, judges act on behalf of the Crown. Madison believed that one of the causes of patronage and corruption in America was that law enforcement officials were too close to the judges. Until then, there was no precedent for the separation of the judiciary as a “third arm”. The manner in which the judges were to be installed in their office was particularly hotly debated. Madison did not see the judiciary as completely independent, but wanted the judges to be appointed by the legislature; others saw this right with the executive or the president. A compromise was finally reached that the president would appoint the judges and the senate would approve them.

The division of the legislature into upper and lower houses was also no longer up for discussion, as the two-chamber system was already known from the British parliament and most parliaments of the individual states were already organized in this way. The Confederation Congress as well as the unicameral legislature of Pennsylvania had made the disadvantages of this organization with rapidly changing majorities clear. Yates and Madison both report that the convention saw a house of Lords as necessary to protect the interests of the haves, wealthy merchants and landowners, against the majority of the population.

“In England, at this day, if elections were open to all classes of people, the property of landed proprietors would be insecure. An agrarian law would soon take place. If these observations be just, our government ought to secure the permanent interests of the country against innovation. Landholders ought to have a share in the government, to support these invaluable interests, and to balance and check the other. They ought to be so constituted as to protect the minority of the opulent against the majority. The Senate, therefore, ought to be this body; and to answer these purposes, they ought to have permanency and stability. "

“If elections were open to all classes in England today, the property of the landowners would no longer be safe. There would be an agricultural law soon. If these observations are correct, our government should protect the country's enduring interests from innovation. Landowners should have a stake in the government to protect these invaluable interests and to balance and contain them with respect to others. They should be set up so that the interests of the affluent minority are protected from the majority. This body should therefore form the Senate; and in order to do justice to this purpose, they should be durable and stable. "

- James Madison, quoted from Robert Yates: Notes of the Secret Debates of the Federal Convention of 1787

"All communities divide themselves into the few and the many. The first are the rich and well born, the other the mass of the people. The voice of the people has been said to be the voice of God; and however generally this maxim has been quoted and believed, it is not true in fact. The people are turbulent and changing; they seldom judge or determine right. Give therefore to the first class a distinct, permanent share in the government. They will check the unsteadiness of the second, and as they cannot receive any advantage by a change, they will therefore ever maintain good government. Can a democratic assembly, who annually revolve in the mass of the people, be supposed steadily to pursue the public good? Nothing but a permanent body can check the imprudence of democracy. Their turbulent and uncontroling disposition requires checks. "

“All communities are divided into the few and the many. The former are rich and from a good family, the others form the bulk of the people. It has been said that the voice of the people is the voice of God; and no matter how broadly this maxim is widely quoted and believed, it is actually wrong. The people are restless and changeable; they seldom judge or determine correctly. Therefore give the upper class their own permanent share in the government. They will keep the volatility of the second in check, and since they would get no benefit from a move, they will keep good government forever. Can a [direct] democratic assembly of the popular masses that change every year have the common good in view? Nothing but a permanent body can curb the negligence of [direct] democracy. Their stormy and unbridled nature must be kept in check. "

- —Alexander Hamilton, after Robert Yates: Notes of the Secret Debates of the Federal Convention of 1787

Some parts of the Virginia Plan were not approved: The plan had provided that a committee of executive power and judges could annul state laws. Instead, it was agreed that the executive power alone should have a veto right. This procedure could at the same time protect the executive branch from possible encroachments by the legislative power.

Electoral procedure and allocation of seats in Congress

For a long time, the question of the seat allocation procedure (apportionment) in the future Congress was controversial: Most of the delegates were in favor of weighting according to population size and ownership. Since it had proven impossible to arithmetically weight the property structure, the draft constitution left it with the population. The slave- holding southern states had an interest in the enslaved population being included in the calculation of the population. Their legal status stood in the way of this. In the three-fifths clause , it was finally agreed that in the census , which should form the basis of the seat allocation procedure and taxation, the enslaved population should be taken into account as one fifth of their number. In 1783, such a clause had failed in the context of a national tax system in the Confederation Congress. Now several states, including the smaller slave-owning states South Carolina and Georgia, agreed to the clause and the coalition of proponents of the Virginia Plan grew.

While the direct election of the members of the House of Representatives was not very controversial, the mode of election for the Senate was discussed in opposing directions. Madison's idea of ​​a House election found little support. James Wilson's direct election proposal was rejected by 10-1 votes. Alexander Hamilton suggested that the senators be appointed for life, as the alternative proposals of a four or seven year term were in his opinion insufficient to "compensate for the inadequacies of [direct] democracy". Hamilton also proposed that the senators be elected by an Electoral College .

With regard to the direct election of delegates, the new constitution represented a radical break with the old political system: Until now, the parliaments of the individual states had nominated the delegates for the Confederation Congress. To mitigate the changes, Congress retained the nomination of senators by the state legislature. The seat allocation procedure was more difficult to resolve . As a compromise, the Connecticut delegation proposed that the number of representatives of each state in the House of Commons should be proportional to the relative size of the population, while each state, regardless of size, should have the same number of representatives in the House of Lords. The larger states feared that this allocation of seats would reduce their influence in the legislature and initially voted against this plan, so that the decision had to be postponed for the time being.

Initially, there was also disagreement as to whether the executive should be represented by an individual or a group of three representatives from different countries. For example, George Mason spoke out against giving so much power to an individual because he feared the emergence of a monarchy. The potential disadvantages of sharing executive power among several people eventually led a majority to vote for one person.

Madison's suggestion that the executive should be elected by the legislature failed to find a majority. Concerns arose because of the slow diffusion of information in the 18th century and the tendency of the population to vote for candidates they knew from the region. This remained one of the last remaining questions in the debate in the Constitutional Convention. The problem was finally solved by the introduction of the electoral college. In the absence of a modern party system, there were widespread concerns that no candidate would be able to secure a majority in the electoral college. In this case, it was suggested that Parliament should then elect the President, because Parliament best reflects the will of the people. This was contradicted by the delegates of the smaller states, which did not see themselves adequately represented in the election. In the compromise it was agreed that in the absence of a majority in the electoral college, the president should be elected by parliament, with the deputies of the individual states voting in a bloc, not individually.

In June 1787 the delegates agreed to discuss the difficult question of seat allocation in Congress in a separate committee. This consisted of one delegate from each of the eleven states represented in the Convention at the time: Elbridge Gerry , Oliver Ellsworth , Robert Yates , William Paterson , Gunning Bedford, Jr. , George Mason , William Richardson Davie , John Rutledge , Abraham Baldwin , and Benjamin Franklin formed the committee later known as the "Grand Committee". His proposal to supplement the Connecticut Compromise with a rule, the origination clause . According to this, bills related to state income should remain in the lower house and not be allowed to be changed by the upper house. This compromise was accepted on July 16 with a narrow majority. On July 23, the compromise was changed one last time: the supporters of a strong central government achieved that the members of the Senate were allowed to vote individually and not, as provided for in the articles of confederation, en bloc as a state. In its final form, the draft constitution was a mixture of Madison's original "national" and the federal concept of other delegates.

First proposal by the Grand Committee

From July 26th to August 6th, the Convention adjourned to await the report of the Committee of Detail , which prepared the first draft constitution. John Rutledge chaired the committee, which also included Edmund Randolph , Oliver Ellsworth , James Wilson and Nathaniel Gorham . There are no minutes of the meeting, but an overview of Randolph's notes from Rutledge and detailed notes and a second draft from Wilson, also with notes from Rutledge, and finally the committee's final report to the convention. According to this, Randolph had set himself two goals: The constitution should only contain the most important principles, not small details that would change in the course of time anyway. He also wanted to use simple and precise language.

The final report of the Grand Committee contained many additional detailed regulations that were not viewed as controversial and therefore found their way into the final draft constitution without any debate in the Convention. These include, for example, the Speech and Debate Clause , which guarantees members of Congress political immunity for their statements in office, and the organizational rules for the House of Representatives and Senate.

As a former governor of South Carolina, Rutledge was determined to strengthen the new national government compared to the Confederation Congress, but to limit its power over the states. Repeatedly he urged the committee to go beyond the convention's guidelines. Crucial agreements that the Convention had already reached were changed again, so that as a result the power of the federal states was strengthened at the expense of the Union and several regulations with far-reaching consequences were made that the Convention had never discussed.

The first significant change Rutledge had insisted on was the initially almost unlimited power of the legislature "in all matters of general interest to the Union" that Congress should have given a resolution to the Convention. Rutledge and Randolph were concerned that the text the Convention had agreed would give the federal government too much power over states. Randolph's draft provided for 18 specifically mentioned powers, several of which were taken from the Articles of Confederation, which severely restricted the power of Congress to collect taxes, make treaties, declare war, and establish a post office. With this view, Rutledge could not prevail in the committee. Wilson finally formulated a catch-all provision for a series of draft versions, the Necessary and Proper Clause . This gave Congress the broad authority “ to make all Laws that shall be necessary and proper for carrying into execution the foregoing powers, and all other powers vested by this Constitution in the government of the United States, or in any department or officer thereof . - To make all laws necessary and appropriate to carry out the foregoing powers, as well as all the other powers into which this Constitution establishes the United States Government, or any of its departments, or its officers. ”Another change Wilson made The power of states has eight precisely defined limits, such as a ban on concluding international treaties as a single state or introducing its own currency. This balances out the restrictions imposed by the Union government on the individual states. In addition, Wilson's draft changed the wording of the Supremacy Clause adopted by the Convention , which was intended to ensure that federal law takes precedence over state law. Since the Convention did not question the sovereignty shared between the Union and the federal state, these changes introduced by Rutledge and Wilson found their way into the draft constitution.

A number of fundamental changes made by the Committee of Detail were significantly more controversial. Charles Cotesworth Pinckney from South Carolina had drawn attention to the grave consequences if the committee were not to establish regulations for the protection of slavery in the southern states, or were to tax the export of agricultural products from the southern states. In fact, the committee had introduced three regulations that would limit the authority of Congress to the benefit of the southern states: The text would have made it permanently impossible for Congress to interfere in the slave trade. It was also planned to ban the taxation of exports. Any legislation that , along the lines of the British Navigation Acts , should control foreign trade through tariffs or quotas should be passed by a two-thirds majority in both houses of Congress. The representatives of the northern states and the opponents of slavery opposed these proposals.

The final report of the Grand Committee is the first detailed draft constitution, since Madison's Virginia Plan had only outlined general goals and a rough structure. After issuing its report, the committee continued to meet at irregular intervals until early September.

Further changes and final debate

A significant change to the Grand Committee draft was incorporated into the final text of the draft constitution in the final debate. Delegates from the Northern and Southern states agreed to give Congress the power to abolish the Atlantic slave trade from 1808 . In addition, the regulations of the Fugitive Slave Clause were tightened, which stipulated that escaped slaves were to be returned to their "owners" at their request. In turn, it was agreed to drop the requirement of a two-thirds majority for foreign trade laws in Congress.

After the convention had worked on the first draft of the Committee of Detail , there were still further open details that were handed over to various committees for processing. Detailed questions on the habeas corpus instrument, freedom of the press and an executive council to advise the president were negotiated . Two other committees dealt with detailed questions of the slave trade and the distribution of the war debts. A Committee on Postponed Parts was given the task of solving the problems that had previously been postponed. More compromising delegates like Madison were appointed to this committee in order to get the work done quickly. Issues of taxation, warfare, patents and copyright, as well as relations with the indigenous population were dealt with. The most significant deal concerned the presidency: under Madison's leadership, the committee agreed on Wilson's proposal that the president be elected by an electoral college and not, as previously envisaged, by Congress. There was a regulation on how the president should be appointed if none of the candidates could get a majority of the electorate behind them. The committee cut the president's term - which had been controversial throughout the Convention - from seven to four years, allowed his re-election and transferred responsibility for impeachment proceedings from the courts to the Senate. In addition, the office of Vice President was created, who would be the successor to the President, should he not be able to fulfill his term of office, to chair the Senate and, in the event of a tie, to cast the decisive vote in the Senate. Significant powers have been transferred from the Senate to the President, such as the right to conclude international treaties and appoint ambassadors.

Some changes were introduced at the very end: Mason managed to get “serious crimes and violations” included in the impeachment provisions. Gerry also convinced the convention to allow a second method of ratifying amendments to the constitution : Originally, it was only intended that two thirds of the states would have to ask the congress to convene a convention to negotiate the proposed amendments. At Gerry's instigation, the Convention also revived the procedure originally formulated in the Virginia Plan, according to which Congress should propose amendments that would have to be ratified by the states. With the exception of the 21st Amendment , all of the amendments to the United States Constitution have so far come about in the latter way.

Before the draft constitution was submitted to the Committee on Style for formulation, Mason and Gerry called for a Bill of Rights to be included in the constitution. However, this proposal did not find a majority. The lack of a Bill of Rights should become one of the main arguments of their opponents, the authors of the Anti-Federalist Papers , in the discussion about ratification of the constitution . The majority of the delegates to the Philadelphia Convention believed that the states had already provided sufficient protection for the rights of the individual and that the constitution did not allow the central government to curtail individual rights. Last but not least, it was decided that the Senate could change the finance laws proposed by the House of Representatives.

Draft and adoption

At the end of the negotiations in the Convention, a Committee of Style and Arrangement was appointed to draw up the final version of the text. This committee consisted of William Samuel Johnson (Connecticut), Alexander Hamilton (New York), Governor Morris (Pennsylvania), James Madison (Virginia) and Rufus King (Massachusetts) only representatives of the larger states. On Wednesday, September 12th, the report of the Committee of Style was printed for readability. The Convention then had three days to compare the printed version with the minutes of the meeting of the Convention. The final version was submitted for signature on September 17th. One last change was introduced by Rufus King: He wanted to prevent the states from intervening in contracts of the federal government. Although this change was no longer discussed in the Convention, King's formulation found its way into the constitutional text and forms the Contract Clause there .

Governor Morris is believed to be the author of significant sections of the final draft constitution, most notably the preamble. By the time it was passed, thirteen delegates had already left the meeting. Of the remaining three, three refused to sign: Edmund Randolph (Virginia), George Mason (Virginia) and Elbridge Gerry (Massachusetts). George Mason also called for a Bill of Rights to be included in the constitution. Shortly before the draft constitution was passed, Gorham - largely supported by George Washington - managed to reduce the population in the districts from 40,000 to 30,000 for the congressional election. In the end, 39 of the original 55 MPs signed the draft. Washington was the first to sign the document, after which the delegates came forward for signature in order of state from north to south.

In accordance with their own Article VII, the draft constitution was then sent to the states for ratification.

The debate in detail

Several draft constitution was discussed during the convention. The most important basis for discussion was the Virginia plan drawn up by Madison. Other drafts were a proposal brought in by Charles Pinckney, and in the course of the Convention the New Jersey Plan, which again came closer to the articles of confederation. Alexander Hamilton brought in his own proposal, which the delegates considered too close to a monarchy because of the proposed lifelong tenure of the president . There is uncertainty among historians as to whether Hamilton's proposal was sincere or whether it was more tactically intended to help Madison's more balanced Virginia plan break through. Delegates from Connecticut proposed the Connecticut Compromise, which - after some adjustments by Benjamin Franklin in favor of the larger states - was decisive for the draft constitution to come about.

Virginia plan

Virginia plan

Before the convention began, the Virginia MPs met and, under Madison's direction, drafted a constitution that became known as the Virginia Plan or the Great States Plan. For this reason Madison is also called the "Father of the Constitution". On May 29, 1787, the Governor of Virginia, Edmund Randolph , presented the draft, which provided for a very powerful bicameral legislature. Both chambers would be filled proportionally. The lower house should be elected directly by the population, the upper house in turn by the lower house. The sole task of the executive should be to implement the requirements of the legislature and should therefore also be appointed by the legislature. The Virginia Plan also provided for a judiciary. The executive and parts of the judiciary should have a right of veto, but this could be overruled.

New Jersey plan

New Jersey plan

After the Virginia Plan was brought up for debate, New Jersey MP William Paterson moved the session to be adjourned to allow time to understand the plan. According to the articles of confederation, all states were represented in Congress with the same number of delegates and each had only one vote. Since the seats in both houses of the legislature should be proportional to the population according to the Virginia Plan, the smaller states saw themselves at a disadvantage. Therefore, on June 14th and 15th, representatives of the small states prepared the New Jersey Plan or the Small State Plan.

On June 15, Paterson presented the New Jersey Plan to the Convention. Ultimately, an alternative to the Virginia Plan, it was oriented much closer to the original mandate of the Convention, namely to amend the articles of confederation so that existing problems would be solved. Under the New Jersey Plan, the Continental Congress was to remain in place, but with new powers, such as the right to levy and collect taxes. An executive should arise, which should be elected by Congress and should consist of several people. The members of the executive should only serve for one term and could be recalled at any time by the governor of their state. In contrast, the members of the judiciary appointed by the executive branch should have a lifelong term of office. After all, law enacted by Congress should be able to violate state law. In the vote, the Convention voted against the New Jersey plan, but the smaller states now had a common position to which they could refer.

Hamilton's proposal

Hamilton plan

On June 18, 1787, Hamilton presented his own design. It was also known as the "British Plan" because it came close to the British political system with its strong central government. Hamilton advocated the abolition of individual state sovereignty in favor of a single nation. His model envisaged a two-chamber legislature, the lower house of which should be elected by the population every three years. Electors elected by the population should elect the members of the upper house for life. The plan also stipulated that the governor of the union (the head of the executive) would be elected for life by electors and given absolute veto power. The governors of the states would be appointed by the national legislature, which should also have a veto power over the laws passed by the states. Because of its proximity to the British political system and the extensive restriction of the powers of the individual states, Hamilton's proposal did not find a majority in the Convention.

Pinckney's model

Pinckney plan

Immediately after Randolph presented the Virginia Plan, Charles Pinckney of South Carolina presented his own design to the convention. Since he had not written down his ideas himself, Pinckney's model can only be deduced from Madison's notes. Pinckney proposed a confederation based on a treaty between the 13 states. This should have a two-chamber legislature with a Senate and a House of Representatives. In the latter, one MP should represent one thousand residents. The House of Representatives was to appoint the senators, whose terms would be four years, each representing one of four regions. Both houses of Congress would jointly elect the President and appoint the members of the Cabinet. In the event of a dispute between states, Congress should serve as the final appeal; a Supreme Federal Court of Justice was also to be created. Pinckney's plan was not discussed in the Convention, but it likely had an impact on the work of the Committee of Detail .

Connecticut Compromise

The Connecticut Compromise, for which Roger Sherman from Connecticut was largely responsible, was introduced to the Convention on June 11th. It does justice to both the small (New Jersey Plan) and large states (Virginia Plan). The most significant achievement is the allocation of seats in the Senate, which preserved the federal character of the constitution: Sherman adopted the bicameral system of the Virginia Plan, but suggested that seats in the lower house should be allocated proportionally to the proportion of the (free) population, while in the Senate, each state should only have one vote. The compromise was adopted on July 23rd.

A modified version of the compromise found its way into the constitution: In the Grand Committee , Franklin pushed through that laws that affect state income should be passed in Congress. In the final version of the compromise proposal to vote on July 16, the Senate was still very much like the Continental Congress. Because of this, Madison, King, and Governor Morris stood up against the compromise. On July 23, shortly before most of the work done in the Convention was to be handed over to the Committee of Detail , Morris and King proposed that the representatives of the individual states in the Senate should be given individual voting rights and not have to vote en bloc as in the Confederation Congress . Connecticut delegate Oliver Ellsworth , instrumental in bringing about the compromise, supported the motion, which was then accepted by the convention. Since the senators with individual voting rights also had significantly longer terms of office than the members of the legislature of the individual states who appointed them, their fundamental independence was enshrined. The fact that all states received the same number of Senate seats strengthened the influence of the smaller states.

The question of slavery

Number of Slaves in the Southern States, 1770–1860

One of the most controversial issues was slavery . At the end of the 18th century this was still widespread in the United States. At least a third of the 55 delegates were slave owners, including all of the Virginia and South Carolina MPs. About 20% of the population were unfree; with the exception of northern New England, where slavery had already been completely abolished, slaves lived all over the country. The majority (more than 90%) lived in the southern states, where about one in three families owned slaves. In the largest and most prosperous state, Virginia, every second family owned slaves. Southern agriculture depended on the labor of slaves, so the southern states opposed any initiative to end slavery.

Compromise on the slave trade

John Dickinson from Delaware. Formerly the largest slave owner in his state, he had given all his slaves freedom until 1787.

The question of how the new constitution should deal with slavery was so controversial in the Convention that several southern states would not have joined the Union had slavery been abolished. The opponents of slavery could not achieve their goal of completely abolishing slavery in the territory of the Union. Instead, they fought for a constitutional ban on participation in the slave trade, so that no further slaves from the Atlantic slave trade could be imported or exported from the Union. The controversial topic was left out until the end of the debate. Towards the end of July, the Committee on Detail had included some passages in the draft constitution that would have forbidden the federal government to stop the international slave trade and to levy taxes on the purchase or sale of slaves. Even when the topic was discussed again in August, the convention could not agree on a regulation and transferred the discussion to its own committee with eleven members. This worked out a compromise proposal: Congress should be given the authority to ban the slave trade, but only after another 20 years - that is, in 1808. In return, the power of the government would be strengthened by the fact that it was allowed to tax the slave trade on the international market. In addition, navigation laws should now be passed with a simple, instead of a two-thirds majority, in both chambers of Congress.

Three-fifths clause

Another controversial issue was whether the census would include the unfree population, or whether it would not be politically represented as “property” or taken into account when determining taxes. Delegates from states with a large population of slaves demanded that they be treated as persons when allocating seats in the House of Representatives, but not to be included as "property" in the census on which the taxation is based. In contrast, states with a small percentage of the population that were not free demanded that slaves should be included in taxation, but not included in persons to be represented in parliament. Finally, the compromise proposal was James Wilson , the three-fifths compromise ( Three-Fifths Compromise ) accepted: Each three of five slaves should be counted as persons in the states. The population thus determined provided the basis for both the tax collection and the allocation of seats in the House of Representatives. With this method of counting, the southern states received a third more MPs and electors for the election of the president, but had to pay higher taxes to the central government.

Framers of the Constitution

The Philadelphia Convention was attended by 55 delegates who are considered the framers of the Constitution , although only 39 MPs signed the draft. Originally 70 MPs were appointed by the states, but a number did not take office or were unable to attend.

Almost all of the Framers of the Constitution had participated in the American Revolution, and at least 29 had served in the Continental Army, mostly in commanding positions. All but two or three had experience in colonial administration or in the service of their state. About two-thirds of the delegates had been members of the Confederation Congress or the Continental Congress. Several were governors of their state. However, there were only two delegates, Roger Sherman and Robert Morris , who had signed all three of the new nation's founding documents: the Declaration of Independence, the Articles of Confederation, and the Constitution.

More than half of the delegates were trained as lawyers or held judges. Entrepreneurs, factory owners, shipowners, land speculators, bank owners or financiers, two or three doctors, a pastor and several small farmers were also involved. 25 were slave owners, 16 of whom were dependent on slave labor for the operation of their plantations as the main source of their income. Most of the MPs were large landowners, most of them, with the exception of Roger Sherman and William Few, very wealthy. George Washington and Robert Morris were among the richest men in the country.

Overall, the delegates to the Philadelphia Convention distinguished themselves through their profound knowledge and experience in self-administration. Thomas Jefferson blasphemed in a letter from Paris to John Adams in London: "It really is a gathering of demigods."

List of delegates to the Constitutional Convention

(*) Did not sign the Constitution. Only Randolph, Mason and Gerry were in Philadelphia at the time of the farewell and declined to sign.

Several outstanding Founding Fathers of the United States were unable to attend the Philadelphia Convention: Thomas Jefferson was serving as Ambassador to France at the time. John Adams was ambassador to London. Patrick Henry declined to participate because he feared the establishment of a monarchy. Nor did John Hancock and Samuel Adams attend.

See also

literature

  • Richard Beeman: Plain Honest Men: The Making of the American Constitution . Random House, New York 2009, ISBN 978-1-4000-6570-7 .
  • Catherine Drinker Bowen: Miracle At Philadelphia: The Story of the Constitutional Convention. (Little, Brown 1966)
  • Max Farrand: The Framing of the Constitution of the United States . Yale University Press, New Haven 1913 ( archive.org ).
  • Gaillard Hunt: The Life of James Madison . Doubleday, 1902, p. 92 ( limited preview in Google Book search).
  • Calvin C. Jillson: American Government: Political Development and Institutional Change (5th ed.) . Taylor & Francis, 2009, ISBN 978-0-203-88702-8 .
  • Edward J. Larson, Michael P. Winship: The Constitutional Convention: A Narrative History from the Notes of James Madison . The Modern Library, New York 2005, ISBN 0-8129-7517-0 .
  • David O. Stewart: The Summer of 1787 . Simon & Schuster, New York 2007, ISBN 978-0-7432-8692-3 .
  • United States Department of Labor and Commerce Bureau of the Census (Ed.): A Century of Population Growth: From the First Census of the United States to the Twelfth, 1790-1900 . Government Printing Office, Washington, DC 1909 ( archive.org [accessed September 24, 2019]).

Web links

Commons : United States Constitutional Convention  - collection of images, videos, and audio files

Individual evidence

  1. Calvin C. Jillson: American Governments: Political Development and Institutional Change (5th ed.) . Taylor & Francis, 2009, ISBN 978-0-203-88702-8 , pp. 31 .
  2. ^ US Census Bureau: Pop Culture: 1790. In: History: Fast Facts. 2017, archived from the original on October 9, 2017 ; accessed on July 24, 2019 .
  3. ^ A b c d e f g Edward J. Larson, Michael P. Winship: The Constitutional Convention: A Narrative History from the Notes of James Madison . The Modern Library, New York 2005, ISBN 0-8129-7517-0 , pp. 3-5 .
  4. a b c d e f g h i j k l m n o p q r s t u v w x y z aa ab ac ad ae af Richard Beeman: Plain Honest Men: The Making of the American Constitution . Random House, New York 2009, ISBN 978-1-4000-6570-7 , pp. 14-16 .
  5. ^ US Government: Articles of Confederation. Retrieved on July 24, 2019 : “ARTICLE XIII. Every state shall abide by the determinations of the united states in congress assembled, on all questions which by this confederation are submitted to them. And the Articles of this confederation shall be inviolably observed by every state, and the union shall be perpetual; nor shall any alteration at any time hereafter be made in any of them; unless such alteration be agreed to in a congress of the united states, and be afterward confirmed by the legislatures of every state. "
  6. ^ Gaillard Hunt: The Life of James Madison . Doubleday, 1902, p. 92 ( limited preview in Google Book search).
  7. ^ Leonard Richards: Shays's Rebellion: The American Revolution's Final Battle . University of Pennsylvania Press, Philadelphia 2003, ISBN 978-0-8122-1870-1 , pp. 132-139 .
  8. ^ A b John Ferling: A Leap in the Dark: The Struggle to Create the American Republic . Oxford University Press, 2003, ISBN 978-0-19-517600-1 , pp. 276 ( limited preview in Google Book search).
  9. ^ Report of the Annapolis Convention on the Yale Law School website , accessed July 24, 2019.
  10. Heather Moehn: The US Constitution: A Primary Source Investigation Into the Fundamental Law of the United States . The Rosen Publishing Group, 2003, ISBN 978-0-8239-3804-9 , pp. 37 ( limited preview in Google Book search).
  11. ^ A b c d Saul K. Padover: The Living US Constitution: Historical Background, Landmark Supreme Court Decisions, with Introductions, Indexed Guide, Pen Portraits of the Signers . Ed .: Jacob W. Landynski. 3. Edition. Meridian, New York 1995, ISBN 978-0-452-01147-2 .
  12. ^ Robert Yates, John Lansing, jr .: Robert Yates and John Lansing, jr., To Governor George Clinton. Daily Advertiser (New York), January 14, 1788 . In: The Debate on the Constitution: Federalist and Antifederalist Speeches, Articles and Letters During the Struggle over Ratification, Part Two: January to August 1788 . Library of America, ISBN 978-0-940450-64-6 , pp. 3-6 .
  13. ^ A b Notes of the Secret Debates of the Federal Convention of 1787 . Robert Yates. http://avalon.law.yale.edu/18th_century/yates.asp
  14. ^ Max Farrand (Ed.): The Records of the Federal Convention of 1787, Volume 1 . Yale University Press, New Haven 1911, pp. 155 ( limited preview in Google Book search).
  15. ^ A b George Mason: Opposition to a Unitary Executive (June 4) . In: Ralph Ketcham (Ed.): The Anti-Federalist Papers and the Constitutional Convention Debates . Penguin Publishing Group, 2003, ISBN 978-1-101-65134-6 , pp. 46–47 ( limited preview in Google Book search).
  16. ^ A b Max Farrand (Ed.): The Records of the Federal Convention of 1787, Volume 2 . Yale University Press, New Haven 1911, pp. 94–95 ( limited preview in Google Book search).
  17. a b c d e f g h i j k l m n o p q r s t u v David O. Stewart: The Summer of 1787 . Simon & Schuster, New York 2007, ISBN 978-0-7432-8692-3 , pp. 168 .
  18. ^ Akhil Reed Amar: America's Constitution: A Biography . Random House Digital, Inc., 2006, ISBN 978-0-8129-7272-6 , pp. 29 ( limited preview in Google Book search).
  19. a b c d e f g h i US Constitution.net: Constitutional Topic: The Constitutional Convention . Retrieved October 17, 2007.
  20. ^ The Avalon Project at Yale Law School: The Plan of Charles Pinckney (South Carolina), Presented to the Federal Convention, May 29, 1787 . Archived from the original on April 24, 2017. Retrieved on August 19, 2017.
  21. ^ The Avalon Project at Yale Law School: The Debates in the Federal Convention of 1787 reported by James Madison: May 29 . Archived from the original on August 15, 2017. Retrieved on August 19, 2017.
  22. ^ Max Farrand (Ed.): The Records of the Federal Convention of 1787 . tape I . Yale University Press, New Haven 1911, pp. 489, 490, 551 ( limited preview in Google Book search).
  23. a b c d United States Department of Labor and Commerce Bureau of the Census: A Century of Population Growth: From the First Census of the United States to the Twelfth, 1790-1900 . Government Printing Office, DC 1909 ( archive.org [accessed September 24, 2019]).
  24. ^ A b c Constitutional Rights Foundation: The Constitution and Slavery . Archived from the original on February 25, 2004. Retrieved September 15, 2016.
  25. Fred Rodell: 55 Men: The Story of the Constitution, Based on the Day-by-Day Notes of James Madison . Stackpole Books, 1986, ISBN 978-0-8117-4409-6 , pp. 4 ( limited preview in Google Book search).
  26. Meet the Framers of the Constitution . US National Archives and Records Administration. 2017. Archived from the original on August 27, 2017.
  27. a b c d e The Founding Fathers: A Brief Overview . US National Archives and Records Administration. October 30, 2015. Archived from the original on October 6, 2016.
  28. Derek A. Webb: Doubting a little of one's infallibility: The real miracle at Philadelphia - National Constitution Center ( en ) Retrieved October 15, 2018.
  29. Thomas Jefferson: Letter of Thomas Jefferson to John Adams, August 30, 1787 ( en ) Retrieved October 15, 2018.
  30. ^ Max Farrand: The Framing of the Constitution of the United States . Yale University Press, New Haven 1913 ( archive.org ).