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The Constitutional convention

What came to be called the “Constitutional Convention” began on May 25, 1787. The thirteen states were all represented, with the exception of Rhode Island. The delegates were probably not upset with its absence, that state having a somewhat “checkered reputation”. It was not too affectionately known as “Rogue Island” and their representatives tended not to agree with anyone else, even themselves.

Thomas Jefferson, who at that time was abroad serving as Minister to France, called the attending delegates “an assembly of demigods”. George Washington, hero of the Revolutionary War and future president, represented Virginia. James Madison, principal architect of the constitution and future fourth president, also represented Virginia. Benjamin Franklin, now getting up in years but still mentally sharp,was there representing Pennsylvania. Alexander Hamilton, a key player both at the convention and during the ratification process, represented New York.

The delegates were both young and experienced. Their average age was 42 and the most influential, James Madison, Alexander Hamilton, Edmund Randolph and Governor Morris, were in their 30’s. Many had fought in the Revolutionary War and most had served in their state legislatures.

Not everyone invited to attend by their state did so. Fiery Patrick Henry turned down the invitation because ” he smelt a rat in Philadelphia, tending toward monarchy”. John Adams, future second president, was abroad serving as Ambassador to England.

The delegates who came to Philadelphia were America’s best and brightest. They were intelligent, well educated, and experienced. They understood human nature and they understood power.They had read the philosopher John Locke and his ideas on “natural rights”. They were greatly influenced by the French philosopher, Baron de Montesquieu, who had observed:“Anyone who possesses power has a tendency to abuse it. It is an eternal truth. They tend to go as far as the barriers will allow”. Montesquieu advocated a ” separation of powers” into judicial, legislative, and executive branches, noting that “power checks power”.

While the delegates brought knowledge and experience, they also brought their egos, biases, prejudices, and very differing viewpoints. How would they get along? The answer came very soon- they wouldn’t. As the hot summer wore on and the delegates met in a stuffy room for 5-6 hours a day, tempers flared and a number returned to their states in disgust. In September, 1787, when the delegates had completed their work, a substantial number refused to sign it.

This new constitution was now to be sent to the states for possible ratification. Those supporting ratification became known as the Federalists, while opposing ratification were the Anti-Federalists. Each side published numerous letters and articles supporting their position. Most famous, in support of ratification, were the Federalist Papers, mostly written by James Madison and Alexander Hamilton. James Madison focused on the key issue in Federalist Paper # 51:

If men were angels, no government would be necessary. If angels were to govern men, neither external nor internal controls would be necessary. In framing a government which is to be administered by men over men (forgive the sexism of the time), the great difficulty lies in this: You must first enable the government to control the governed; and in the next instance to oblige it to control itself.

How well did they succeed? After 228 years, the oldest written constitution in the world governs our country.

George Harrelson is a graduate of the University of Minnesota and William Mitchell Law School. He is a former public defender, county attorney, and was a Judge of District Court for 25 years in the Fifth Judicial District (Southwestern Minnesota). He continued to serve as a senior judge for a further 7 years, fully retiring in 2015. He now resides near Hovland, Minnesota.

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