Day 10: Calling the Constitutional Convention

Engage: A Secret Revolution

On May 25, 1787, delegates gathering in Philadelphia made two immediate decisions: elect George Washington as president of the convention, and seal the windows and doors. No one could enter, leave, or report on debates. Guards stood at doors. Delegates agreed to tell no one—not even their families—what they discussed. Why such secrecy for a meeting supposedly just to “revise” the Articles?

Explore: The Road to Philadelphia

The official call was modest: meet to propose amendments to the Articles of Confederation. But key organizers like James Madison and Alexander Hamilton had bigger plans. They wanted to scrap the Articles entirely and create a new government. This was arguably illegal—the Articles required unanimous consent for amendments, and Rhode Island refused to even send delegates.

Who Showed Up: 55 delegates from 12 states (Rhode Island boycotted, calling it a conspiracy against liberty). These weren’t average Americans:

  • 34 lawyers
  • 27 had served in Congress
  • 8 had signed the Declaration
  • Almost all were wealthy landowners or merchants
  • Average age: 42 (but Madison was 36, Hamilton just 30)

Who Didn’t: Some major figures were absent:

  • Thomas Jefferson and John Adams (serving as diplomats in Europe)
  • Patrick Henry (refused to attend, said he “smelt a rat”)
  • Samuel Adams and John Hancock (suspicious of centralizing power)

Explain: The Virginia Coup

James Madison arrived eleven days early with a radical plan. While waiting for other delegates, the Virginia delegation met daily, refining what became known as the Virginia Plan. When the convention formally opened, Virginia immediately presented this complete blueprint for a new government. This tactical brilliance set the agenda—instead of debating whether to replace the Articles, delegates debated how to modify Virginia’s proposal.

Madison had spent months preparing, reading every book on republics and confederations throughout history. He wrote “Vices of the Political System,” documenting every flaw in the Articles. He came to Philadelphia not to patch the old system but to build a new one.

The Crisis AtmosphereShays’ Rebellion had just been suppressed. States were printing worthless money. Britain was laughing at American weakness. Spanish agents were trying to split western territories from the union. The delegates felt they were racing against collapse.

Elaborate: The Decision to Start Over

On May 30, just five days in, the convention voted to create a “national government… consisting of a supreme legislative, executive, and judiciary”—essentially voting to exceed their authority and create an entirely new system.

Why They Could Do It:

  1. Washington’s Presence: The most trusted man in America presiding gave legitimacy
  2. Secrecy: Without public pressure, delegates could speak freely and change positions
  3. Elite Consensus: The men present agreed the Articles had failed catastrophically
  4. Crisis Justification: National survival seemed to require bold action

Edmund Randolph opened by listing the Articles’ defects: no security against foreign invasion, no way to resolve interstate disputes, no means to suppress rebellion, no power to enforce treaties. He concluded the patient couldn’t be cured—only replaced.

The Opposition Forms: Not everyone agreed. Some delegates, especially from smaller states, came to genuinely revise the Articles, not replace them. They would soon organize resistance to the Virginia Plan’s radical restructuring.

Evaluate: Revolution or Coup?

What happened in Philadelphia was extraordinary. Delegates sent to propose amendments instead wrote an entirely new constitution. They ignored the Articles’ requirement for unanimous state consent. They created their own ratification process requiring only nine states. By any measure, this exceeded their legal authority.

Critics then and now have called it a coup—elite nationalists overthrowing legal government. Supporters argue it was necessary salvation—the Articles were killing the nation. The ends justified the means.

Madison later admitted they had no constitutional authority to do what they did. But he argued the first principle of self-preservation superseded legal technicalities. When your house is on fire, you don’t check if the firefighters have proper permits.

Key Vocabulary

  • Quorum: Minimum number of members needed to conduct business
  • Nationalism: Favoring a strong unified national government over state sovereignty
  • Federalism: System dividing power between national and state governments
  • Virginia Plan: Madison’s proposal for a completely new government structure

Think About It

The delegates decided their closed-door convention could ignore existing law to save the country. When, if ever, is it acceptable for leaders to exceed their legal authority for what they believe is the greater good?

Additional Resources

Primary Source: Madison’s Notes on the Constitutional Convention (May 29, 1787): https://avalon.law.yale.edu/18th_century/debates_529.asp

Madison secretly took detailed notes throughout the convention, creating our best record of what happened. Note how quickly they moved from revision to replacement.


Tomorrow: We’ll meet the key players and examine the competing visions for America’s future—the clash between large and small states that nearly destroyed the convention.