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The Committee of Detail and the Drafting of the U.S. Constitution

In the summer of 1787, the Constitutional Convention in Philadelphia had been underway for several months, with delegates working tirelessly to reshape the future of the United States. By July 24, 1787, after weeks of intense debate over critical issues like representation, executive power, and the role of the judiciary, the time had come to transform these discussions into a formal document. To accomplish this, the delegates appointed a special group known as the Committee of Detail. This committee was tasked with compiling the various agreements made thus far into a comprehensive draft of the U.S. Constitution.

 

The formation of the Committee of Detail marked a turning point in the convention, as it provided the delegates with a clear framework to guide the remainder of their deliberations. In this article, we’ll explore how the committee was chosen, who its members were, and how James Madison—one of the key architects of the Constitution—fit into this pivotal phase of the drafting process.

 

The Appointment of the Committee of Detail

By late July, the Constitutional Convention had reached a point where the broad framework of a new government had been outlined, but it still needed to be put into writing. The delegates recognized that this required a smaller, focused group of experienced individuals to organize the ideas and compromises that had been debated on the convention floor.

 

On July 24, 1787, the convention appointed a five-member committee to undertake this responsibility. These five men were chosen for their legal expertise, leadership in the convention, and strong understanding of government. Their role was to compile the resolutions that had been agreed upon and craft them into a working draft of the Constitution.

 

Members of the Committee of Detail

The members of the Committee of Detail were:

1. John Rutledge (South Carolina) — Rutledge was selected to chair the committee due to his stature as a respected leader and legal scholar. He had previously served as the governor of South Carolina and was known for his firm belief in a strong national government. Rutledge’s experience in law and governance made him an ideal choice to guide the drafting process.
2. Edmund Randolph (Virginia) — As the governor of Virginia and a delegate who had introduced the Virginia Plan, Randolph played a central role in shaping the debates at the convention. The Virginia Plan had set the stage for the convention’s discussions by proposing a bicameral legislature, a strong executive, and a national judiciary. Randolph’s legal acumen and leadership in the early stages of the convention made him a crucial figure in the drafting process.
3. Oliver Ellsworth (Connecticut) — Ellsworth, a lawyer and future Chief Justice of the United States, was one of the most influential delegates from Connecticut. He had been a key player in the debates over representation and was a strong advocate for the Great Compromise, which balanced proportional representation in the House of Representatives with equal representation in the Senate. His experience in negotiation and compromise was vital to the committee’s work.
4. James Wilson (Pennsylvania) — Wilson was one of the leading intellectual forces at the convention. As a legal scholar and an advocate for popular sovereignty, he argued that the government should derive its authority from the people. Wilson’s contributions to the convention included his support for a single executive (the president) and a strong national government. His legal expertise, especially in matters of constitutional theory, made him an indispensable member of the committee.
5. Nathaniel Gorham (Massachusetts) — Gorham, a former president of the Continental Congress, brought a wealth of legislative experience to the committee. As a practical politician and advocate for national unity, Gorham played a moderating role in the convention’s debates. His pragmatic approach to governance helped ensure that the committee’s draft reflected both the need for a strong federal government and the importance of state sovereignty.

 

The Role of James Madison

While James Madison was not a member of the Committee of Detail, his influence on the drafting of the Constitution was profound. Known as the "Father of the Constitution," Madison was one of the primary architects of the ideas that had shaped the convention’s debates. His Virginia Plan had provided the framework for much of the convention’s early discussions, and he played a central role in debates on representation, federalism, and the separation of powers.

 

Though Madison was not directly involved in the committee’s drafting process, his meticulous notes and extensive knowledge of political theory helped guide the work of the committee members. Madison had a clear vision of a balanced government with checks and balances between the executive, legislative, and judicial branches, and he worked behind the scenes to ensure that this vision was reflected in the final document.

 

Throughout the convention, Madison remained deeply engaged in the debates, offering suggestions and critiques as the draft Constitution began to take shape. His intellectual contributions to the convention cannot be overstated, and his collaboration with fellow delegates like James Wilson ensured that the final Constitution incorporated the principles of popular sovereignty and federalism that Madison held dear.

 

The Drafting Process

Over the course of the next two weeks, the Committee of Detail worked diligently to organize the resolutions that had been passed by the full convention. These resolutions covered key issues such as the structure of Congress, the powers of the president, and the creation of a national judiciary. The committee’s task was to transform these general principles into a comprehensive and coherent document that could serve as the foundation of the new government.

 

The draft that the committee produced was presented to the full convention on August 6, 1787. This draft contained many of the elements that would later be included in the final Constitution, though it was still subject to revision and debate. The document outlined the basic structure of the government, including the bicameral legislature (comprising the House of Representatives and the Senate), the executive branch headed by a president, and the judicial branch led by a Supreme Court.

 

One of the key innovations in the draft was the concept of federal supremacy, which established that the Constitution and federal laws would take precedence over state laws. This principle was essential for ensuring that the national government could function effectively while still respecting the sovereignty of the individual states.

 

The draft also addressed issues such as the powers of Congress, the regulation of commerce, and the establishment of a system for amending the Constitution in the future. Though the draft was far from complete, it provided a solid foundation for further debate and refinement in the final weeks of the convention.

 

The Path Toward the Final Constitution

The draft produced by the Committee of Detail marked a critical step in the creation of the U.S. Constitution, but it was not the final word. Over the next several weeks, the delegates continued to debate and revise the document, addressing issues such as the Electoral College, the role of the vice president, and the method for impeaching the president.

 

The draft also sparked renewed discussions on the Bill of Rights, which some delegates felt was necessary to protect individual liberties from government overreach. Although the Bill of Rights would not be included in the original Constitution, it would be added as the first ten amendments in 1791, largely in response to demands from the states during the ratification process.

 

By September 17, 1787, the final version of the Constitution was signed by the delegates, and it was sent to the states for ratification. The work of the Committee of Detail, combined with the intellectual leadership of figures like James Madison, had laid the groundwork for a document that would endure for centuries as the foundation of American government.

 

The Committee of Detail’s Lasting Legacy

The Committee of Detail played a crucial role in transforming the ideas and compromises debated at the Constitutional Convention into a working draft of the U.S. Constitution. Through the efforts of John Rutledge, Edmund Randolph, Oliver Ellsworth, James Wilson, and Nathaniel Gorham, the committee created a framework that balanced the powers of the federal government with the rights of the states, establishing a system of checks and balances that remains at the heart of the American political system today.

 

Though James Madison was not a member of the committee, his ideas and influence permeated the document. His vision for a strong but balanced government, rooted in the principle of popular sovereignty, shaped the debates and decisions that led to the final Constitution.

 

As the convention moved into its final stages, the draft produced by the Committee of Detail served as the foundation for the document that would eventually be ratified by the states, securing the future of the United States and creating a government that would stand the test of time.