The chaos of the United States without a central government lasted for several years. Washington and others initiated the Continental Congress to resolve the situation, aiming to organize a government, which first required a legal foundation—a constitution. Many believed that without Washington, the Constitutional Convention would fail. However, Washington did not wish to attend; he suffered from rheumatism, his family’s health was poor, and he needed to manage his farm. Moreover, he had long stated he had no interest in holding office. Yet, out of trust in him, he agreed to attend Philadelphia as Virginia’s representative.

In May 1787, America’s early leaders convened in Philadelphia. They initially planned to amend the Articles of Confederation, but ultimately drafted an entirely new Constitution. This political document established the U.S. governmental system, recognized citizens’ rights, and remains the nation’s fundamental law today.

The Constitutional Convention officially convened on May 14. Washington arrived a day early, welcomed with guards and salutes. He first visited Benjamin Franklin, Pennsylvania’s chief delegate and the nation’s eldest, most respected political leader. Though over eighty and frail, Franklin’s mind remained sharp. All important visitors to Philadelphia made it a point to see Franklin, and Washington was no exception.

In the first two days, representatives from Pennsylvania and Virginia exchanged views; the other eleven states’ delegates had not yet arrived. Travel from New Hampshire in the northeast took two weeks on horseback, while Georgia in the south took three weeks. Soon, delegates from other states arrived. Once seven states were represented, the convention officially began on May 25.

Unexpectedly, New York sent three delegates. Many had expected New York to refuse participation because its governor opposed a strong central government. Delegate Alexander Hamilton insisted the United States needed a strong central government.

Finally, the representatives were almost all present: twelve of thirteen states sent delegates (except Rhode Island), with Pennsylvania sending the largest contingent of eight. Among the 55 delegates, the average age was 43; 34 were lawyers and eight were judges.

Two key figures were absent: John Adams and Thomas Jefferson, who were serving as diplomats in Britain and France. They followed the convention’s progress through correspondence.

The convention met in secrecy to prevent outside interference. Despite the summer heat, doors and windows were closed; no private notes were allowed, and debates were confined to the room. Delegates could freely discuss and revise positions without public scrutiny.

The main division centered on whether large and small states should have equal power. Initially, the convention proceeded smoothly, but soon serious disagreements emerged: should states with larger populations have more power than smaller states?

Single Executive or Triumvirate?

Delegates voted on whether a single president should govern: seven states supported, three opposed. The presidential term was debated—three, four, or seven years. It was finally decided that the president would serve a four-year term, eligible for reelection.

How Should the President Be Chosen?

Some proposed direct popular vote, but others argued, “The people do not understand these matters; a small group of dishonest individuals could easily mislead them. Direct election by the people is the worst method.” After sixty rounds of voting on this issue, it was decided that the president would be elected by electors nominated by state legislatures.

Presidential Checks and Balances

Most delegates agreed that impeachment procedures must be in place: a president found guilty of bribery, treason, or other major crimes could be removed from office. Delegates also agreed the president could veto legislation, but Congress could override a veto with a majority vote.

Imitating the British System?

Hamilton advocated copying the British system: a single, elector-chosen, lifetime president with absolute veto power; a bicameral legislature with lifetime-elected senators; representatives directly elected for three-year terms; states surrendering many powers, governors appointed by the federal government, and no state armies. Hamilton believed Britain’s system was the best in the world. His five-hour speech drew no interruptions, but no one supported his proposals, and the convention temporarily adjourned.

Appointment of Supreme Court Justices

Delegates debated whether the president should appoint Supreme Court justices, akin to a king’s power. Franklin told a humorous story: in Scotland, judges were appointed by lawyers, who selected the best lawyers and then distributed their former clients among themselves. Delegates finally decided to establish the Supreme Court first, leaving judicial details to Congress and the president. Congress would determine the number of justices, with the president making appointments.

State Representation and Near Collapse

Small states feared losing power to large states, leading to intense debate. New York delegates Robert Yates and John Lansing even walked out in protest. Washington himself grew frustrated, writing to Alexander Hamilton that he feared the convention might fail. Franklin suggested invoking God’s help with prayers before sessions, but North Carolina delegate Hugh Williamson opposed it, citing lack of funds to hire a minister.

The Great Compromise

The “Great Compromise” resolved key disputes: the House of Representatives would be based on population (one representative per 30,000 people, not 40,000), and each state would have two senators regardless of size. At the time, the thirteen states had a combined population of four million. The convention’s task was then to secure ratification by at least nine states.

After 116 days and 569 votes on individual provisions—some voted multiple times—a new Constitution was completed. The United States was thus founded on the Constitution, not on tradition.

Ratification: Saving America or Creating Tyranny?

Newspapers published the Constitution verbatim, stirring public debate. Citizens split into Federalists (supporters) and Anti-Federalists (opponents). Federalists argued the Constitution would save America; Anti-Federalists feared it would create a dictatorship. Anti-Federalists warned that a strong central government could strip people of freedom.

Delaware ratified first in early December 1787; Pennsylvania followed in December, then New Jersey. Georgia and Connecticut ratified in January 1788, totaling five states—four more were needed for enactment. Massachusetts approved in February, requesting amendments to protect citizens’ rights. Maryland ratified in late April with an attached protest urging amendments. South Carolina followed in May as the eighth state. The spotlight then turned to Virginia, the largest state, whose western territory extended to the Mississippi River and represented one-fifth of the population.

Thomas Jefferson, then in Paris, criticized the Constitution for lacking a bill of rights. Anti-Federalist Patrick Henry declared his opposition but hoped the new government would protect Americans’ safety, freedom, and happiness. Virginia ratified, becoming the ninth state, ensuring the Constitution’s enactment.

Finally, the United States Becomes a Nation

New York, crucial geographically, ratified by a slim margin on July 26: 30–27. Like Massachusetts and Virginia, New York requested amendments to protect citizens’ rights. Thus, a strong central government was finally established. Drafting took four months; ratification took ten more months. The Continental Congress declared the Constitution effective the first Wednesday in March 1789. North Carolina and Rhode Island ratified only months after the law took effect.

Democracy in the Hands of a Few

America’s post-independence system resembled Britain’s: democracy rested in the hands of a minority. Social hierarchy was less rigid than in Europe, based on property ownership. The Founding Fathers were all powerful figures who used Enlightenment ideas to claim rights from Britain but did not abolish slavery. Enlightenment ideals and democratic freedoms were thus concentrated among a few, yet they inspired peoples worldwide. The Founders deliberately avoided the naive values of Enlightenment thinkers, designing a political system that limited popular rule to the Constitution. The bicameral legislature, inspired by Britain, also adopted property-based voting restrictions.