The History of Creation

In September1786 commissioners from five states met in the Annapolis Convention to discuss adjustments to the Articles of Confederation that would improve commerce. They invited states representatives to convene in Philadelphia to discuss improvements to the federal government. 55 delegates from all the states except Rhode Island were present. After debate, the Congress of the Confederation endorsed the plan to revise the Articles of Confederation on February 21, 1787. Twelve states, Rhode Island being the only exception, accepted the invitation and sent delegates to convene in May 1787. Many of great founding fathers attended the Convention as delegates from their states. George Washington (elected president of the Convention), Ben Franklin, James Madison and Alexander Hamilton were all in attendance. The resolution calling the Convention decided to propose amendments to the Articles, but the Convention decided to propose a written Constitution and to draft a new fundamental government design which eventually stipulated that only nine of the thirteen states would have to ratify for the new government to go into effect (for the participating states).

The drafting of a new Constitution proved a long and difficult task. Regional/ political and economic differences threatened to jeopardize the process. It was only by a carefully crafted compromise that a final document was achieved.

One of the first issues to be resolved was representation to the new government. The Articles of Confederation had allowed each state equal representation and equal say despite size or population and this did not sit well with the largest states (Virginia, New York and Pennsylvania). The smaller states feared losing say in the federal government and so continued to support equality in representation. Finally, it was decided to have a two house legislature, equal representation in the upper house of Congress and proportional representation in the House of Representatives.

Another disputable issue was the post of the President of the state. Nearly all of the delegates agreed on the need for a president to serve as the central figure and the executive of the nation. The disagreement arose over the role and service of such an office. Some delegates, fearing the rise of king-like president advocated for a weak official, who would be limited to a single one-year term. Others argued the need for a powerful figure who would be elected but serve for life. Debate also raged about how best to elect the president and what role the people of the nation should play in his election. In spite of all disagreements the delegates managed to break the impasse. The following compromise was achieved: to conduct elections of the President by the Electoral College; to establish 4-year terms of service for presidents and to set no limits on the number of terms. (It was done later in 1951 by the 22nd amendment.

Immediately following the Constitutional Convention the delegates brought the newly-crafted Constitution to their home states for ratification. While many of the smaller states quickly ratified the new Constitution, the debate in the largest and most important states raged on for months. The debate in New York was particularly divisive. The Constitutional supporters, the Federalists, were represented by A. Hamilton, J.Madison and J.Jay . The anti-federalist opposition to ratification was also strong. The states such as Virginia and Massachusetts agreed to ratify it only after attaching recommendations concerning the addition of a Bill of Rights. The first ten amendments to the Constitution were added soon after the ratification and became the US Bill of Rights.

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