The U.S. Constitution is the world's longest-surviving written charter of government. There's a tendency to believe that the people who created such an enduring document worked with a clear goal and a common purpose. However, as we learn in Richard Beeman's excellent book Plain, Honest Men: The Making of the American Constitution, that was not the case. The fifty-five delegates who met in Philadelphia in the summer of 1787 were all white, male, distinguished elitists. However, despite their shared identities, they had different ideas about how the American government should be structured.
The only consensus among them was that the existing government was in shambles. The Articles of Confederation established a group of states that were barely connected, with a weak central government that comprised only one branch: the Continental Congress. This Congress did not have the authority to levy taxes, regulate commerce, or create a standing army and instead relied on the states to perform these essential functions at their leisure. These limitations became stark during the Revolutionary War when many soldiers' families resorted to begging because the government didn’t have the money to pay its army.
The country needed a better charter, and the states sent delegates to Philadelphia to amend the Articles of Confederation. However, the delegates were not mandated to scrap the existing charter and create a new republican constitution from scratch, and as delegates trickled into Philadelphia during the early weeks of the convention, many were shocked when they learned what was afoot.
The idea to create an entirely new government originated from what would become known as the Virginia Plan, which was drafted by James Madison and agreed upon by delegates from Virginia and Pennsylvania shortly before the convention began in May. It was the closest thing to a blueprint that anyone brought to the convention. The Virginia and Pennsylvania delegates who championed Madison’s plan imagined a strong central government led by a Congress made up of two chambers, with each state contributing representatives in proportion to its size.
The question of proportional representation became a contentious issue because the small states feared they would become subordinate to the large states. The debate lasted nearly two months and dominates the first two hundred pages of Mr. Beeman’s five-hundred-page book. This may sound tedious, but the author does an outstanding job of keeping the reader engaged as he explores the nuances of 18th-century American politics that made the question of proportional representation so important to the convention delegates.
The stalemate ended on July 16 when a proposal first suggested by Roger Sherman of Connecticut on June 11 was finally adopted. What would become known as the Connecticut Compromise granted proportional representation in the House of Representatives and equal representation in the Senate. In hindsight, the compromise seems an obvious solution. However, at the time, the large states, led by Virginia and Pennsylvania, were nearly intractable on the issue of proportional representation in both chambers of Congress, and the Connecticut Compromise averted an existential threat to both the convention and the future of the American Republic.
The delegates feared tyranny and democracy in equal measure, raising difficult questions about the powers of the executive and how the executive would be elected. Questions that would vex the delegates until the convention’s final weeks.
The Revolutionary War and the disputes with the British king that led to it were still fresh in the delegates' minds in 1787. A few of them favored an executive committee rather than a single executive to prevent the executive branch from morphing into a hereditary monarchy. This proposal was not well received, but one of the convention's biggest challenges was striking a balance between giving the executive enough power to govern effectively without enabling a tyrant.
And then, there was the question of how to select an executive. The idea of a popular election was abhorrent to most delegates, but allowing Congress to select the executive, one of the most popular proposals, seemed unworkable because it would create an executive entirely beholden to Congress for re-election, which, for all practical purposes, would limit the executive to a single term of office. James Wilson of Pennsylvania first proposed a convoluted scheme for what would become known as the Electoral College in June, but it was so poorly received that he didn’t even bother to call for a vote.
The delegates grappled with the presidential election issue until the final week of the convention when a modified but still convoluted version of Wilson’s initial proposal was inserted into the Report of the Committee of Style. The delegates reluctantly adopted the plan, and as the author notes, the language in Article II, Section I explaining the Electoral College is some of the most inscrutable in the entire Constitution. The Electoral College was simply the best of a bad lot. This lesson is important for those who regard it as a holy writ.
The Constitution's most fundamental framework, co-equal branches of government controlled by a system of checks and balances, wasn't part of the Virginia Plan or any other master plan brought into the convention. The concept emerged gradually throughout the summer, meaning that one of the most brilliant schemes ever devised for a functional government resulted more from serendipity than planning.
Creating a new government from scratch was an ambitious project, and it was inevitable that the charter for the new government would yield unintended consequences. For instance, when enumerating the powers of Congress, the Committee of Detail added a phrase that gave Congress the power "to make all laws necessary and proper for carrying into execution the foregoing powers . . ." When this clause was debated on August 20, it passed unanimously and without protest, suggesting that the delegates didn’t attach much significance to it. However, interpreting those "necessary and proper" powers became a contentious issue in the early years of the new republic. It created a schism between Jeffersonian republicans and Hamiltonian federalists, which became the basis for the first political parties. To this day, the question of how much power is granted to Congress, and by extension, the federal government, by the Necessary and Proper Clause remains one of the fundamental differences between liberals and conservatives.
Once the delegates completed their work, the Constitution was sent to New York for approval by the Continental Congress and, from there, forwarded to the states for ratification. Since the author’s objective is to give the reader a fly-on-the-wall perspective of the Philadelphia convention, the events at the state conventions are somewhat beyond the scope of this book. That story warrants its own book, such as Pauline Maier’s critically acclaimed Ratification: The People Debate the Constitution, 1787-1788. Regardless, the author devotes the final two chapters to summarizing the ratifying conventions, including a nailbiter in Virginia whose yes vote came shortly after the ninth and decisive vote for ratification by New Hampshire.
However, the real denouement of Mr. Beeman's story takes place on September 17, 1787, when the delegates who had not left the convention out of frustration or to attend to other business placed their signatures on the great charter. The final draft had a brief but eloquent preamble composed by Gouverneur Morris, the pompous, bloviating delegate from Pennsylvania, and was beautifully engrossed by Jacob Shallus, the Assistant Clerk to the Pennsylvania General Assembly.
The document is far from perfect. It extended the African slave trade for another twenty years and slavery itself indefinitely. The myopic focus on potential tensions between large and small states, which never materialized, caused the delegates to overlook the more critical tensions between northern and southern states that would lead to civil war and nearly destroy the country. It also lacked a bill of rights, a deficiency that would soon be corrected by the First Congress. Still, for all its flaws, after nearly two and a half centuries, the U.S. Constitution remains a model for the rest of the world, and thanks to the efforts of the fifty-five men who spent the summer of 1787 in Philadelphia, “we the people” enjoy a more perfect union.
Mr. Beeman's exceptional book vividly narrates the intriguing story behind the creation of our nation’s charter. He offers an insightful account of the discussions and debates inside that small room at the Pennsylvania State House, shedding new light on the significance of the Constitution and the intentions of the government it established.