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Convention: A Daily Journal

Center for Civics Education

Convention: A Daily Journal

Convention: A Daily Journal is a day-by-day journal of the 1787 Constitutional Convention convened by twelve of the original thirteen states to amend the Articles of Confederation and create a “more perfect union.” It chronicles the daily activities of the Convention, profiles the delegates and their interactions with each other, and looks back to life in America in the 1780s. Writing in the first person, the story is told from an “observer” hearing events as told in contemporary newspaper accounts and delegates’ personal notes and letters.


Monday, October 1, 1787

October 19, 2020 - 4 minute read


The Constitution of the United States

It has been only two days since the Pennsylvania legislature received official notice that Congress had voted the day before to forward to the States for their ratification the proposed Constitution of the United States. Already, a violent reaction has taken place in Philadelphia. Two members of the General Assembly who deliberately absented themselves from the Assembly to assure lack of a quorum were forcibly brought to the Assembly hall against their will.  Objections to the new Constitution have been circulating since the Constitutional Convention formally approved sending it to Congress on September 17 and opposition is spreading. 

Friends of the Constitution are faced with the daunting task of securing ratification of at least nine of thirteen States to secure its adoption. In contrast, opponents of the Constitution need only to secure formal opposition in four States to defeat it. The road ahead will not be an easy one, with many bumps and bridges to cross along the way. But just what does this new Constitution propose that has energized such animosity and resistance? 

It begins with a simple Preamble, declaring that the Constitution emanates from “We the People of the United States” for the purposes of forming a more perfect union, establishing justice, ensuring domestic tranquility, providing for the common defense, promoting the general welfare, and securing the blessings of liberty to ourselves and our posterity.

ARTICLE I establishes a Congress composed of the House of Representatives and Senate, wherein is granted all legislative powers of the national government. Members of the House are to be elected by the people of each State and the number of members from each State is determined by population.  The Senate, on the other hand, will be composed of two Senators from each State, to be chosen by the State legislatures. [This will later be changed by the 17th Amendment to the Constitution.]

The article stipulates qualifications for members of the House (minimum age of 25 and seven years a citizen of the United States) and the Senate (minimum age of 30 and nine years a citizen of the United States).  It further provides that members of the House of Representatives shall serve terms of two years and Senators shall serve terms of six years, one third to be elected every two years. 

The Vice President of the United States will serve as President of Senate but may vote only to break a tie vote. The Senate will have the sole power to try impeachments, and the Chief Justice of the Supreme Court shall preside over the Senate when it is trying impeachments. 

Article I  also includes a variety of details pertaining to Congressional rules and procedures, but of critical importance is Section 8 of Article I  which enumerates the legislative authority of Congress, including, but not limited to, the power to lay and collect taxes; borrow money on the credit of the United States; regulate commerce with foreign nations and among the States; coin money; establish post offices and post roads; and declare war. The list concludes by authorizing Congress to “make all laws which shall be necessary and proper for carrying into execution the foregoing powers,” a clause certain to raise concern in the forthcoming debates.

Article I  also succinctly provides for obligations of States to each other and requires that all bills designed to raise money must originate in the House of Representatives.

ARTICLE II  creates the executive branch of government, vested in a President of the United States, elected by an electoral college, together with a Vice President, for a term of four years, both being eligible for re-election. The President must be at least 35 years of age and born in the United States or a citizen at the time of the adoption of the Constitution. The President is commander-in-chief; may request opinions from various department heads; and grant reprieves and pardons, except in cases of impeachment. The President may also make treaties as well as appoint ambassadors and justices of the Supreme Court, with advice and consent of the Senate.

ARTICLE III  provides that the judicial power of the United States to be vested in one Supreme Court and other inferior courts that Congress may establish. Justices will hold their offices “during good behavior” and the Supreme Court’s jurisdiction is listed in Section 2. Section 3 defines treason against the United States and requires that at least two witnesses observe the alleged act of treason.

The four brief sections of ARTICLE IV  require that “full faith and credit” shall be given in each State to the public acts, records and proceedings of every other State; assure that citizens of each State are entitled to “all privileges and immunities” in other States; provide for extradition of persons charged with crimes and return of “persons held to service or labor” who escape to another State [the latter provision will later be changed by the 13th Amendment which will abolish slavery]; provide for admission of new States; and guarantee to each State a republican form of government.

ARTICLE V  provides a process for proposing and ratifying amendments to the Constitution.

ARTICLE VI  declares the “Constitution and the laws of the United States” as well as treaties to be “the supreme law of the land,” binding judges in every State and requiring that members of Congress and State legislatures and all executive and judicial officers of the United States and the States be “bound by oath or affirmation,” but no religious test shall ever be required to any office under the United States.

ARTICLE VII  simply provides that the Constitution will be established upon ratification by nine State conventions. How long this process will take is yet to be determined, but if events of the last two days in Philadelphia are predictive of the intensity of the coming debates, ratification may not be achieved for many months.

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