What were three of the major challenges that the Constitutional Convention delegates faced?

From May to September 1787, delegates to the Constitutional Convention hammered out the U.S. Constitution in Philadelphia.

Constitutional Convention delegates kept deliberations secret

The meeting, over which George Washington presided, rested on the reasoned dialogue and compromise of 55 representatives from the 13 original states, except Rhode Island.

To encourage delegates to make arguments without fear of recrimination and to discourage mob action in the city, those in attendance kept their deliberations secret during their lifetimes and did not inform the public of the resulting document until September 17, after most of the delegates had signed on to it.

Articles of Confederation gave too much power to the states

At the time of the convention, the Articles of Confederation, under which states wielded primary power, was the nation’s governing document. Article 2 specifically recognized the sovereignty of the states, and the federal government’s powers were mostly limited to foreign affairs and did not include control of interstate commerce.

If Congress needed taxes or military forces, it could request but not coerce state compliance. Although this alliance proved adequate for winning the Revolutionary War and providing government for new territories, it made it difficult to promote domestic prosperity and for the United States to assume equal status among other nations.

Delegates from five states who met in Annapolis in September 1786 to treat problems of interstate commerce called for a broader convention the following May. Partly prodded by the threat of Shay’s rebellion — an uprising of economically depressed farmers in Massachusetts that winter — the states responded affirmatively.

New constitution provided for three branches of government, rather than one

Although many of the delegates arrived in Philadelphia expecting to revise the Articles of Confederation, some had grander ideas. With the help of James Madison, fellow delegates from Virginia offered a new plan that set the stage for a fundamental transformation of the government. It proposed three branches, rather than one, and dividing Congress into two houses, both of which would be represented according to population rather than equally as in the unicameral Congress under the Articles of Confederation.

The Virginia Plan encountered opposition in the form of the New Jersey Plan, whose proponents were less devoted to a strong national government and more concerned with maintaining states’ existing equality in Congress. In time, the Connecticut Compromise resolved this issue by allocating representation according to population in the U.S. House of Representation while retaining equal state representation in the Senate.

The convention adopted other compromises, including one that essentially left slavery in place where it existed, allowed the slave trade to continue for 20 years, and provided for representation of slaves by designating each one as three-fifths a free person. Delegates also devised the electoral college for selecting the president and adopted a much more extensive list of powers for Congress than that body held under the Articles of Confederation.

Constitution addresses issues later covered in First Amendment

A few provisions of the Constitution addressed issues related to religion and other subjects later covered by the First Amendment.

• Article 6 outlaws religious tests for federal offices.
• By exempting Sunday from the 10 days counted in the time that a president has to veto a law, the document arguably recognizes in Article 1, section 7, that many Americans worship on that day.
• Benjamin Franklin proposed adopting the custom established in the First Continental Congress of having a chaplain open each day’s proceedings with prayer, but the delegates chose not to do so.
• Whereas the Declaration of Independence referred several times to God, the Constitution’s only mention of a supreme being is in the statements often attached to the end of the document indicating that it was adopted “in the Year of our Lord one thousand seven hundred and Eighty seven.”
• The only explicit protection that the Constitution provides for freedom of speech is found within the provision in Article 1, section 6, guaranteeing that members of Congress cannot be prosecuted for any “Speech or Debate in either House.”

On Aug. 20, Charles Pinckney of South Carolina introduced proposals to the Committee of Detail that included a provision for liberty of the press similar to that later found in the First Amendment, but the convention did not positively act on it.

Five days before delegates signed the Constitution, Virginia’s George Mason, who had helped author the Virginia Declaration of Rights, proposed to preface the Constitution with similar provisions. This motion failed, as did one two days later by Charles Pinckney and Elbridge Gerry of Massachusetts proposing “that the liberty of the Press should be inviolably observed” (Farrand 1966: 2:617).

Later, Connecticut’s Roger Sherman argued that no need existed for such a prohibition because “the power of Congress does not extend to the Press” (Ibid.: 618).

Hamilton argued that Constitution created system to protect rights

The Constitution created a governmental structure designed to protect rights through a separation of powers, checks and balances, federalism, and other mechanisms. Hence, in Federalist no. 84, Alexander Hamilton argues that “the Constitution is itself, in every rational sense, and to every useful purpose a Bill of Rights.”

The document also lists a number of restrictions on state and national governments, chiefly in Article 1, sections 8 and 9, where, for example, it prohibits bills of attainder (legislative punishments without benefit of trial) and ex post facto laws (retroactive criminal laws).

In the closing days of the convention, however, George Mason cited the omission of a separate bill of rights to protect the people against the new national government as one of his reasons for opposing the new document. This quickly became a rallying point for those who opposed ratification.

Federalist supporters of the Constitution initially argued against the necessity for a bill of rights because the convention had not delegated powers to the new national government to stem individual liberties.

Federalists agreed work on Bill of Rights for Constitution

Some further argued that listing specific rights might imply that rights omitted were therefore subject to governmental control. This position was undercut by the fact that the Constitution did list some governmental restrictions within its text and by arguments, supported by Thomas Jefferson, that even if such guarantees were not foolproof, they would be better than nothing.

In time, leading Federalists, including Madison, agreed to work toward a bill of rights if the Constitution were adopted, thereby helping to head off the threat of a second convention. Madison led the fight that resulted in the first ten amendments, earning him the moniker “Father of the Bill of Rights.”

John Vile is professor of political science and dean of the Honors College at Middle Tennessee State University. He is co-editor of the Encyclopedia of the First Amendment. This article was originally published in 2009.

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How the Articles of Confederation failed and delegates met to create a new constitution. The major debates were over representation in Congress, the powers of the president, how to elect the president (Electoral College), slave trade, and a bill of rights. Jefferson, Madison, Franklin, Washington.

Though the word "slavery" does not appear in the Constitution, the issue was central to the debates over commerce and representation. The "Three-Fifths Compromise" provided that three-fifths (60%) of enslaved people in each state would count toward congressional representation, which greatly increased the number of congressional seats in several states, particularly in the South.

The Convention also debated whether to allow the new federal government to ban the importation of enslaved people from outside of the United States, including directly from Africa. They ultimately agreed to allow Congress to ban it, should it choose, but not before twenty years had passed. Remarkably, it was one of the only clauses of the Constitution that could not be amended. Only in 1808 did the United States formally prohibit the international slave trade.

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The four months in Philadelphia during the Constitutional Convention were fiery and intense.

55 delegates had come together to make small changes to their current government and ended up creating a new one. As Washington sat above this group, observing the chaos, there were five other players that had key roles in the creation of the Constitution. Each of these men brought specific ideas about the role of government in the new nation.  In the end, parts of each individual's ideas were taken and put together to create the constitution. 

George Washington

Portrait of George Washington by Gilbert Stuart

Delegate for: Virginia

Contribution: Having been elected unanimously as the president of the Constitutional Convention, Washington’s presence provided a sense of focus and direction. While he originally did not want to be involved with the creation of the Constitution, Washington certainly had a vision for a stronger union. By being present, he was able to oversee the debate and help make that vision a reality.

Biography of George Washington

James Madison

James Madison by John Vanderlyn (White House Historical Association)

Delegate for: Virginia

Contribution: Famously known as the “father of the Constitution”, James Madison was a driving force behind the convention. He came well prepared for all arguments against the creation of a new government. After the Constitution had been written and signed, Madison then wrote the Federalist Papers with Alexander Hamilton and John Jay. These 85 essays explained the significance of the Constitution, in an effort to persuade states to ratify. Although the need for a bill of rights was advocated by George Mason, Madison also contributed to the Constitution by writing the first 10 amendments that were adopted by the first Congress.

Learn More About James Madison

George Mason

Portrait of George Mason by John Hesselius (Wikimedia)

Delegate for: Virginia

Contribution: Although he was one of only three delegates not to sign the Constitution, George Mason had a very unique role in its creation. He came to the convention deeply concerned with the amount of power being given to the federal government, and the convention’s unwillingness to end the slave trade.  Ultimately, Mason said  “I would sooner chop off my right hand” than sign the Constitution without a Bill of Rights. Even though he did not put ink to paper, Mason’s desire to have the freedoms and rights of the country’s citizens specifically stated were immortalized in the first 10 amendments to the Constitution, referred to as the Bill of Rights.

Learn More About George Mason

Roger Sherman

Painting of Roger Sherman by Ralph Earl (Wikimedia)

Delegate for: Connecticut

Contribution: Credit for one of the core staples of the American government goes to Roger Sherman. He proposed the “Connecticut Compromise” also known as “the Great Compromise.”  While large states, like Virginia, advocated for legislative voting based solely on proportional representation, smaller states demanded equal representation of each state in the new congress.  Sherman’s compromise proposed that each state would be proportionally represented by population in the House of Representatives, and by an equal number of votes from each state in the Senate. Sherman was also the only founding father to have signed all major documents of the Revolutionary era: The Continental Association of 1774, the Declaration of Independence, the Articles of Confederation, and the Constitution.

William Paterson

Portrait of William Paterson during his time on the Supreme Court (Wikimedia)

Delegate for: New Jersey

Contribution: William Paterson helped to author the New Jersey Plan, which attempted to safeguard the rights of small states. In his plan, Paterson called for each state to have  equal representation in Congress. He opposed plans for proportional representation for fear that the interests of small states would be ignored.  In reference to proportional representation, Paterson wrote “I would rather submit to a Monarch, to a despot, than to such a fate.” He left the convention in late July, but returned to sign the Constitution in September when aspects of his proposal were included in the Connecticut compromise.

James Wilson

Founding Father James Wilson also served as Supreme court Justice (Wikimedia)

Delegate for: Pennsylvania

Contribution: James Wilson’s most notable contribution to the convention was his desire for a single executive, not a committee.  This individual would have absolute veto power to overturn laws created by the legislature.  Wilson also favored the direct election of the executive by the people of the United States.  Other delegates favored the election of the executive by Congress, and feared that an absolute veto would quickly lead to abuses of power. Arguments over Wilson’s position eventually led to compromises that included limited veto powers of the executive and the establishment of the electoral college.  In this compromise, between direct election by the people and the appointment of the president by Congress, the president would be chosen by a group of electors who were selected by the people of their state or the state legislatures.