American Treasures: Documenting the Nation's Founding

Fifty-five men attended at least part of the Constitutional Convention, held from May 25 to September 17, 1787, in Philadelphia. Chosen by their state legislatures, they received instructions from the Continental Congress to revise the failing Articles of Confederation. On the fourth day of the convention, the delegates voted to form a national government with legislative, executive, and judicial branches. After a summer spent debating and drafting, they arrived at the final text. The following documents—some of which are the only ones in existence—show the steps the delegates took to reach their goal: a Constitution for “We the People."

From June to July, the delegates debated the Virginia Plan. Battle lines were drawn between large states and small states over the proposal to allot representation in both houses of Congress based on population. Fighting back, the small states presented the New Jersey Plan to ensure all states had an equal voice. It included only one legislative house with each state getting one vote, but the plan was ultimately defeated. The convention remained at an impasse before reaching a compromise: Congress would consist of two houses with representation based on population in the House of Representatives and equal state representation in the Senate.

The delegates had been meeting at the State House almost daily for five to seven hours since the convention started. At the end of July, they took a 10-day break and selected a five-member Committee of Detail to craft a new plan from the agreed-upon resolutions. When the delegates reconvened, they received a 23-article report largely drafted by James Wilson. For the rest of August, they discussed, revised, and voted on each article, working out critical details from the powers of each branch to the qualifications and term lengths for various offices. They also fiercely debated the divisive issue of slavery.

After solving a few lingering issues—including the election of the president via the Electoral College—the delegates created another five-member team to polish and arrange the text: the Committee of Style. In about three days, they drafted a nearly finalized document, turning 23 articles into seven. The delegates spent the last four days of the convention reviewing the articles and making adjustments. On September 15, the states that were present voted to approve the Constitution, with three dissenters voicing their objections. An official, handwritten copy was signed by almost all of the 41 delegates who remained on September 17.

To ratify the Constitution, the delegates decided that each state would hold special conventions to decide whether or not to accept the entire document. Nine of the states did so by June 1788, and the Constitution went into effect in those states. While North Carolina and Rhode Island initially held out, all 13 states approved the Constitution by May 1790.

Meeting at New York City's Federal Hall in 1789, Congress spent two months periodically debating and editing James Madison's proposals before the final text was sent to the states for ratification. The public learned about the various iterations (and other actions of Congress) by reading reports printed in newspapers like the ones shown in the upcoming slides. Follow along to see how the Bill of Rights changed from what Madison originally proposed to the text we know today.

July 21 - 28, 1789: James Madison’s proposed amendments were referred to committee. In late July, Madison and 10 other House members considered the amendments. Their report to the full House, printed here, largely kept them intact. However, they altered some language—for example, they began to combine three of Madison’s proposals into what would become the First Amendment. They also eliminated a proposal to amend the Preamble with words that echoed the Declaration of Independence.

August 13 - 24, 1789: This newspaper printed 17 proposed amendments two days after they were approved by the House of Representatives. The House ultimately decided not to insert the changes within the Constitution’s seven articles, despite James Madison’s objections that this would make them too unclear. Instead, they placed the amendments at the end and sent them to the Senate for consideration.

September 21 - 25, 1789: This newspaper is one of the earliest printings of the Bill of Rights. Six congressmen, including James Madison, met to reconcile the differences between the House and Senate versions. By September 25, more than two-thirds of each house of Congress—the supermajorities needed to pass amendments—approved the final changes. They were then sent to the states for ratification.

Many considered the amendments proposed by Congress to be good but imperfect. Some criticized the amendments for not doing enough to protect states’ rights; others worried that they would prevent only the federal government, not the states, from infringing on individual liberties. By December 1791, eleven out of the 14 states (Vermont had joined the union) ratified 10 of the amendments. Having reached the three-quarters of the states necessary for approval, a bill of rights was now part of the U.S. Constitution.