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Members of the Continental CongressIn Congress Assembled

LESSON ONE: Drafting the Constitution

This lesson, a supplement to a study of the Constitutional Convention, focuses on The Committee of Detail's draft of the Constitution submitted on 6 August 1787. The delegates debated its contents for a month before referring the document to the Committee of Style. The Committee's report, presented to the Convention on 12 September, became the Constitution of the United States.


Preliminary Activity:

  1. Examine the powers of the central government under the Articles of Confederation [Student Background on the Articles of Confederation].
  2. Review the Resolution of the Continental Congress, 21 February 1787, which called for a convention to propose amendments to the Articles of Confederation.


Discussion:

Frame the discussion of the Committee of Detail's report in the context of the debates and compromises of the Federal Convention.

  1. Working within groups, read the Report of the Committee of Detail and compare it with the final version of the Constitution.
  2. Chart the major differences in the two documents.
  3. Discuss the significance of the wording of the preamble. Consider questions such as:
    • Why is the Preamble of the Constitution drafted by the Committee of Detail worded, "We the people of the States..."?
    • What conclusions could you draw from this wording?
    • How significant was the change in wording in the Constitution?
  4. Examine Article IX of the Report of the Committee of Detail. Consider questions such as:
    • How do the Committee of Detail's draft and the adopted Constitution differ regarding the executive branch?
    • What may account for these changes?

Culminating Activity:

Debate the efficacy of having the president elected for one term of seven years as opposed to the present constitutional limitation of two four year terms established by the Twenty-Second Amendment.


Extension Activities

  1. Thomas Jefferson on the Constitution

    Read excerpts from Thomas Jefferson's letter to James Madison from Paris, 20 December 1787, regarding the failure to limit the term of the executive. Examine elections of the president in U.S. history as a means of evaluating Jefferson's concerns regarding "rotation in office."

  2. Correspondence of Delegates at the Philadelphia Convention

    Read the personal correspondence of delegates to gain a better understanding of hopes, aspirations, and fears of members of the Federal Convention.

    • Numerous letters from Elbridge Gerry to his wife Ann are included in Supplement to Max Farrand's The Records of the Federal Convention of 1787 edited by James H. Hutson (Yale University Press, 1987). (See Selected Resources.)
    • Other letters are included in The Records of the Federal Convention of 1787, Volume 3, edited by Max Farrand (Yale University Press, 1966). (See Selected Resources.)
      • Refer to George Washington's letters to Thomas Jefferson (30 May 1787), to the Marquis de Lafayette (6 June 1787), and to Alexander Hamilton (10 July 1787); and
      • James Madison's letters to Thomas Jefferson (18 July 1787) and to his father (28 July 1787); and
      • Robert Morris's letter to his sons (25 June 1787).
  3. The Veto Power

    Examine Article I, Section 7 of the Constitution of the United States regarding the presidential veto.

    • What bills may a president veto?
    • What is required to override a presidential veto?
    • Investigate what is meant by the "Pocket Veto."

    Refer to Public Law: 104-130 (S.4), Sec.2 Line Item Veto Authority, the line item veto approved by Congress in committee on 28 March 1996 and signed by the President on 9 April 1996.

    • To what extent does the line item veto enhance the power of the presidency?
    • Why did Congress agree to the line item veto?
    • Write a position paper expressing your views on the line item veto.
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Last updated 08/30/2005