The MAKING of the CONSTITUTION Americans fought hard to win their freedom. But could they find a way to govern themselves? CAST Sarah Bache, Benjamin Franklin's daughter The delegates: William Davie, North Carolina Benjamin Franklin, Pennsylvania Elbridge Gerry, Massachusetts Alexander Hamilton, New York James Madison, Virginia George Mason, Virginia Gouverneur Morris, Pennsylvania Robert Morris, Pennsylvania William Paterson, New Jersey Charles Pinckney, South Carolina Edmund Randolph, Virginia John Rutledge, South Carolina Roger Sherman, Connecticut George Washington, Virginia James Wilson, Pennsylvania George Wythe, Virginia Narrators A-E In 1787, the U.S. was a nation in name only. The 13 states had won a hard-fought war for independence, which formally ended in 1783. But once free, the U.S. acted more like a body with 13 heads than a united nation. Under the Articles of Confederation, the country's first constitution, the U.S. had no President or executive leader. Congress ran the government, but it had little power. It could not levy (collect) taxes, regulate trade, or interfere with the states. Several times, Congress asked the states for more power. Each time, its requests were denied. George Washington, Alexander Hamilton, and James Madison urged Congress to call a federal convention, to revise the Articles of Confederation. Congress agreed, and every state but Rhode Island sent delegates (representatives) to the convention. SCENE ONE Narrator A: The Federal Convention is scheduled to begin on Monday May 14, 1787. The day before, cheering crowds greet General George Washington when he arrives in Philadelphia. Washington's first stop is to see Benjamin Franklin. 1
Franklin: Good afternoon, General. Welcome to Philadelphia! Washington: Thank you. We have a difficult task ahead of us. Franklin: Yes, but there are talented men coming to Philadelphia. Washington: Good. We fought a long war for independence. Now we're fighting one another. We must have a strong government to hold this nation together. Franklin: Yes, but that idea scares many people. Narrator A: One by one, the delegates arrive. On Friday, May 25, the convention formally opens. Robert Morris: On behalf of the entire Pennsylvania delegation, I propose that General Washington be chosen as president of this distinguished body. Rutledge: I second the motion [proposal]. Let the vote be unanimous [without dissent]! All: Hear, hear! Washington: I thank you for this great honor, gentlemen. I just wish I had more experience for the job. SCENE TWO Narrator B: The following Monday, May 29, proves to be one of the most important days of the convention. It sets the stage Wythe: Mr. President! This convention will decide our nation's future. Should not everything we say be kept secret? That way, we will feel free to speak our minds. Hamilton: I second the motion. Nothing should be printed in the newspapers until we have finished our work. Washington: All in favor say aye. All: Aye! Washington: Close the windows, and shut the doors! Station guards at the entrance! Narrator B: The work moves forward in secrecy. First, Edmund Randolph presents the Virginia Plan. Written mostly by James Madison, the plan calls for creating a strong national government. Randolph: Our present government is too weak. Washington: What do you suggest? 2
Randolph: We in Virginia propose a national government with three equal branches: legislative, executive, and judicial. Congress would have two houses, with seats based on a state's population. This government would have ultimate authority. Pinckney: Ultimate authority? Do you intend to abolish [eliminate] the state governments? Randolph: No. But we need a national government strong enough to take care of war, treaties, trade, money, and taxes. Gerry: Your plan would do away with the Articles of Confederation. We have no authority for that! This convention was called to revise [change] the Articles, not to create a whole new government. SCENE THREE Narrator C: On June 15, William Paterson introduces the New Jersey Plan. It favors the small states by calling for equal representation in Congress, regardless of state population. Paterson: This plan would keep our current federal system of government. Congress would have the power to regulate trade and levy taxes. And each state would have an equal vote in Congress--just as it does now. Hamilton: That's not fair! We Americans believe that all people are created equal--not all states! Wilson: Exactly. Why should New Jersey's 180,000 people have as many votes in Congress as the 430,000 from Pennsylvania? I say no! I will never agree to such a plan! Narrator C: The large and small states are deadlocked. Gloom descends over the convention. When Franklin returns home one evening, his daughter is waiting Bache: Father, you look tired! Franklin: I'm afraid, my dear, that this convention is doomed. Bache: How can you say that, Father? Some of the wisest men in America are here. Franklin: I am sworn to secrecy, but I will say this: The large and small states are not seeing eye to eye. Bache: You mean that the delegates cannot agree? Franklin: We've agreed on some things. But on one important issue, we are sharply divided. Bache: Compromise is the only solution. For the sake of the nation, you must keep trying! SCENE FOUR Narrator D: Roger Sherman offers what later becomes known as the Great Compromise. 3
Sherman: This compromise should satisfy both the large and small states. We will have two houses of Congress. In the Senate, each state will have two votes. In the House, voting will be based on state population. Paterson: That sounds reasonable. Gerry: Just a minute. Will Southern states be allowed to count slaves as a part of their population? Rutledge: Of course slaves should be counted! Their labor is worth just as much as that of free men. Gerry: But you in the South treat blacks as property. If the South can count slaves, the North should be able to count its cattle and horses! Davie: If we cannot count our slaves, we will leave the convention. Narrator D: There is an uproar. Finally, James Wilson rises to speak. Wilson: I suggest the three-fifths rule. States shall include in their populations all free white citizens and three-fifths of all others [slaves]. Narrator D: The three-fifths rule passes, and the delegates approve the Great Compromise. But another dispute develops. Gerry: Settlers are pouring into the land west of the Allegheny Mountains. Soon, they will want to form new states. What will we do? Sherman: Admit them to the Union, of course! Gerry: But most of the settlers are poor, They will drain our treasury. We should make sure that new states never outnumber the original states. Sherman: But our children and grandchildren may be citizens of those new states. Shouldn't we treat them equally? Gouverneur Morris: No. The 13 states should keep power in their own hands. Madison: But the new Western states would never enter a Union that doesn't give them equal rank with the other states. Mason: Mr. Madison is right. The best policy is to treat the Western settlers as friends, not enemies. Narrator D: The debate goes on all summer. In the end, the delegates leave it up to Congress to make the rules for admitting new states. 4
SCENE FIVE Narrator E: The delegates must now decide how the Chief Executive will be chosen. It takes 60 ballots for the delegates to agree on the Electoral College system for electing the President. Just before the convention ends, George Mason makes another proposal. Mason: In keeping with our tradition of liberty, the new Constitution should include a bill of rights. Gerry: I agree. The people want a guarantee of their rights. Sherman: Why? Eight state constitutions already have a bill of rights. Mason: But the Constitution will be the supreme law of the land. A bill of rights should be included! Sherman: The Constitution clearly Spells out what Congress can do. Why list the things it cannot do? Mason: I insist on a vote. Narrator E: The motion is defeated but during the battle over ratification [approval] by the states, many people demand a bill of rights, which is added to the Constitution in 1791. On September 17, the delegates gather for the last time in the State House. Thirty-nine delegates sign the Constitution. While the last delegates are signing, Franklin turns to those seated nearby. Franklin: Do you see that sun painted on the back of General Washington's chair? I looked at it all summer without being able to tell whether it was rising or setting. But now I know. The sun is rising over our great nation. AFTERWORD The Constitution created a new kind of nation, with both a federal government and state governments. Neither controlled the other. The federal government was responsible for handling issues such as war and peace, treaties and trade. State governments had control over education and other local matters, although their exact powers are still debated. The Constitution was a revolutionary document that would serve our nation well. JS By Lee Baier 5