Committee of Detail
Encyclopedia
The Committee of Detail was a committee
established by the Philadelphia Convention
on June 23, 1787 to put down a draft text reflecting the agreements made by the Convention up to that point, including the Virginia Plan
's 15 resolutions. It was chaired by John Rutledge
, and other members included Edmund Randolph
, Oliver Ellsworth
, James Wilson
, and Nathaniel Gorham
. The Convention adjourned from July 26 to August 6 to await the report of this committee. This report, when made, constituted the first draft of the United States Constitution
, and much of what was contained in the final document was present in this draft.
The committee, in preparing its draft of a Constitution, turned for assistance to the State constitutions, to the Articles of Confederation
, to the various plans that had been submitted to the Convention and other available material. Overall, the report of the committee conformed to the resolutions adopted by the Convention, though on many clauses the members of the committee left the imprint of their individual and collective judgments. In a few instances, the committee avowedly exercised considerable discretion. For example, the Committee added the phrase "giving them aid and comfort" to the section on treason
to narrow the definition from more ambiguous phrases which had been proposed in the Convention. The two preliminary drafts that survive as well as the text of the Constitution submitted to the Convention were in the handwriting of Wilson or Randolph.
This decision to use "simple and precise language, and general propositions," such that the Constitution could
"be accommodated to times and events," is often cited as the "genius" of the Constitutional framers, and is one of the main arguments for the Living Constitution
framework.
, the convention resolutions, and even Charles Pinckney's
plan. However, Stewart argues that "they did much more, they added provisions that the convention never discussed, they changed critical agreements that the delegates had already approved. Spurred by Rutledge, they reconvened the powers of the national government, redefined the powers of the states, and adopted fresh concessions on that most explosive issue, slavery. It is not too much to say that Rutledge and his committee hijacked the constitution. Then they remade it."
Other than Gorham, the committee members had all been lawyers of distinction, and would be leading legal figures in the new government (Randolph would be the first attorney general, while Rutledge, Ellsworth and Wilson would all be Supreme Court justices). They had all known each other as delegates to the Confederation Congress, and had seen its weaknesses first hand. Other than Randolph, they had all been in the congress when its fiscal problems became acute. They had already played important roles in the convention: Randolph presented the Virginia Plan, Rutledge and Wilson had been key to crafting the compromise on representation, Ellsworth had led the small states during the battle over per-state voting in the senate, and Gorham had chaired the Committee of the Whole where he called for compromise during the bitter debate over representation. Stewart states, "they had been more than merely active, they had been constructive." Stewart argues, "Rutledge knew what he wanted: a weaker central government," and that the draft produced by the committee reflected his goals. Since the committee didn't leave a record of its proceedings, its story has to be pieced together from three documents: an outline by Randolph with edits by Rutledge, extensive notes and a second draft by Wilson with edits by Rutledge, and the final report presented to the convention. Stewart argues "this evidence places the drafting pen in the hands of those three men". The outline began with two rules for drafting: that the constitution should only include essential principles, avoiding minor provisions that would change over time, and that it should be stated in simple and precise language. Wilson's draft included the first attempt at what would become the preamble in the final document.
Beginning with Randolph's outline, the committee added numerous provisions that the convention had never discussed, but which were not likely to be controversial. Examples include the speech and debate clause and provisions organizing the house and senate. Three of the committee's changes fundamentally reconstituted the national government. The first change replaced the open-ended grant of powers to congress with a list of enumerated powers. This was due to Rutledge, who wanted a strong national government but not one with indefinite powers. Many of these eighteen enumerated powers came from the Articles of Confederation. By this, the committee made the new national government one of limited powers, despite opposition among most delegates. Rutledge was not able to completely convince Wilson, who was hostile to states rights and wanted a stronger national government. Wilson thus modified the list of enumerated powers, notably by adding the necessary and proper clause. He also strengthened the supremacy clause
. These changes set the final balance between the national and state governments that would be a part of the final document, as the convention never challenged this dual-sovereignty between nation and state established by Rutledge and Wilson. The final report of this committee, which became the first draft of the constitution, was the first workable constitutional plan, as Madison's Virginia Plan had simply been an outline of goals and a broad structure. Even after it issued this report, the committee continued to meet off and on until early September. Further changes were made by the convention and other committees. On September 8, 1787, a Committee of Style with different members was empaneled to set down and revise the actual text of the Constitution.
Committee
A committee is a type of small deliberative assembly that is usually intended to remain subordinate to another, larger deliberative assembly—which when organized so that action on committee requires a vote by all its entitled members, is called the "Committee of the Whole"...
established by the Philadelphia Convention
Philadelphia Convention
The Constitutional Convention took place from May 14 to September 17, 1787, in Philadelphia, Pennsylvania, to address problems in governing the United States of America, which had been operating under the Articles of Confederation following independence from...
on June 23, 1787 to put down a draft text reflecting the agreements made by the Convention up to that point, including the Virginia Plan
Virginia Plan
The Virginia Plan was a proposal by Virginia delegates, for a bicameral legislative branch. The plan was drafted by James Madison while he waited for a quorum to assemble at the Constitutional Convention of 1787...
's 15 resolutions. It was chaired by John Rutledge
John Rutledge
John Rutledge was an American statesman and judge. He was the first Governor of South Carolina following the signing of the Declaration of Independence, the 31st overall...
, and other members included Edmund Randolph
Edmund Randolph
Edmund Jennings Randolph was an American attorney, the seventh Governor of Virginia, the second Secretary of State, and the first United States Attorney General.-Biography:...
, Oliver Ellsworth
Oliver Ellsworth
Oliver Ellsworth was an American lawyer and politician, a revolutionary against British rule, a drafter of the United States Constitution, and the third Chief Justice of the United States. While at the Federal Convention, Ellsworth moved to strike the word National from the motion made by Edmund...
, James Wilson
James Wilson
James Wilson was one of the Founding Fathers of the United States and a signer of the United States Declaration of Independence. Wilson was elected twice to the Continental Congress, and was a major force in drafting the United States Constitution...
, and Nathaniel Gorham
Nathaniel Gorham
Nathaniel Gorham was the fourteenth President of the United States in Congress assembled, under the Articles of Confederation...
. The Convention adjourned from July 26 to August 6 to await the report of this committee. This report, when made, constituted the first draft of the United States Constitution
United States Constitution
The Constitution of the United States is the supreme law of the United States of America. It is the framework for the organization of the United States government and for the relationship of the federal government with the states, citizens, and all people within the United States.The first three...
, and much of what was contained in the final document was present in this draft.
The committee, in preparing its draft of a Constitution, turned for assistance to the State constitutions, to the Articles of Confederation
Articles of Confederation
The Articles of Confederation, formally the Articles of Confederation and Perpetual Union, was an agreement among the 13 founding states that legally established the United States of America as a confederation of sovereign states and served as its first constitution...
, to the various plans that had been submitted to the Convention and other available material. Overall, the report of the committee conformed to the resolutions adopted by the Convention, though on many clauses the members of the committee left the imprint of their individual and collective judgments. In a few instances, the committee avowedly exercised considerable discretion. For example, the Committee added the phrase "giving them aid and comfort" to the section on treason
Treason
In law, treason is the crime that covers some of the more extreme acts against one's sovereign or nation. Historically, treason also covered the murder of specific social superiors, such as the murder of a husband by his wife. Treason against the king was known as high treason and treason against a...
to narrow the definition from more ambiguous phrases which had been proposed in the Convention. The two preliminary drafts that survive as well as the text of the Constitution submitted to the Convention were in the handwriting of Wilson or Randolph.
Purpose
Randolph's statement in the preamble of the Committee's report is often cited as evidence for the proposition that the Constitution was deliberately written to be broad and flexible to accommodate social or technological change over time:- In the draught of a fundamental constitution, two things deserve attention:
-
- 1. To insert essential principles only; lest the operations of government should be clogged by rendering those provisions permanent and unalterable, which ought to be accommodated to times and events: and
-
- 2. To use simple and precise language, and general propositions, according to the example of the constitutions of the several states."
This decision to use "simple and precise language, and general propositions," such that the Constitution could
"be accommodated to times and events," is often cited as the "genius" of the Constitutional framers, and is one of the main arguments for the Living Constitution
Living Constitution
The Living Constitution is a concept in America, also referred to as loose constructionism, constitutional interpretation which claims that the Constitution has a dynamic meaning or that it has the properties of a human in the sense that it changes...
framework.
Proceedings
Though the committee did not record its minutes, it is known that the committee used the original Virginia Plan, the decisions of the convention on modifications to that plan, and other sources, to produce the first full draft. Much of what was included in this draft consisted of details, such as powers given to congress, that hadn't been debated nor been included in any other plan before the convention. Most of these were uncontroversial and unchallenged, and as such much of what Rutledge's committee included in this first draft made it into the final version of the constitution without debate. They decided mostly on issues that hadn't been deliberated but weren't likely to be contested. Historian David Stewart calls the committee's work "the most important single undertaking of the summer" and that it required "precision where agreement was clear, equivocation where it had been elusive." He also notes that "missing parts would have to be drafted, ambiguities dispelled, the whole thing knitted into a coherent document," and that "from one perspective, their draft was a remarkable cut-and-paste job" because it copied provisions from the Articles of ConfederationArticles of Confederation
The Articles of Confederation, formally the Articles of Confederation and Perpetual Union, was an agreement among the 13 founding states that legally established the United States of America as a confederation of sovereign states and served as its first constitution...
, the convention resolutions, and even Charles Pinckney's
Charles Pinckney (governor)
Charles Pinckney was an American politician who was a signer of the United States Constitution, the 37th Governor of South Carolina, a Senator and a member of the House of Representatives...
plan. However, Stewart argues that "they did much more, they added provisions that the convention never discussed, they changed critical agreements that the delegates had already approved. Spurred by Rutledge, they reconvened the powers of the national government, redefined the powers of the states, and adopted fresh concessions on that most explosive issue, slavery. It is not too much to say that Rutledge and his committee hijacked the constitution. Then they remade it."
Other than Gorham, the committee members had all been lawyers of distinction, and would be leading legal figures in the new government (Randolph would be the first attorney general, while Rutledge, Ellsworth and Wilson would all be Supreme Court justices). They had all known each other as delegates to the Confederation Congress, and had seen its weaknesses first hand. Other than Randolph, they had all been in the congress when its fiscal problems became acute. They had already played important roles in the convention: Randolph presented the Virginia Plan, Rutledge and Wilson had been key to crafting the compromise on representation, Ellsworth had led the small states during the battle over per-state voting in the senate, and Gorham had chaired the Committee of the Whole where he called for compromise during the bitter debate over representation. Stewart states, "they had been more than merely active, they had been constructive." Stewart argues, "Rutledge knew what he wanted: a weaker central government," and that the draft produced by the committee reflected his goals. Since the committee didn't leave a record of its proceedings, its story has to be pieced together from three documents: an outline by Randolph with edits by Rutledge, extensive notes and a second draft by Wilson with edits by Rutledge, and the final report presented to the convention. Stewart argues "this evidence places the drafting pen in the hands of those three men". The outline began with two rules for drafting: that the constitution should only include essential principles, avoiding minor provisions that would change over time, and that it should be stated in simple and precise language. Wilson's draft included the first attempt at what would become the preamble in the final document.
Beginning with Randolph's outline, the committee added numerous provisions that the convention had never discussed, but which were not likely to be controversial. Examples include the speech and debate clause and provisions organizing the house and senate. Three of the committee's changes fundamentally reconstituted the national government. The first change replaced the open-ended grant of powers to congress with a list of enumerated powers. This was due to Rutledge, who wanted a strong national government but not one with indefinite powers. Many of these eighteen enumerated powers came from the Articles of Confederation. By this, the committee made the new national government one of limited powers, despite opposition among most delegates. Rutledge was not able to completely convince Wilson, who was hostile to states rights and wanted a stronger national government. Wilson thus modified the list of enumerated powers, notably by adding the necessary and proper clause. He also strengthened the supremacy clause
Supremacy Clause
Article VI, Clause 2 of the United States Constitution, known as the Supremacy Clause, establishes the U.S. Constitution, U.S. Treaties, and Federal Statutes as "the supreme law of the land." The text decrees these to be the highest form of law in the U.S...
. These changes set the final balance between the national and state governments that would be a part of the final document, as the convention never challenged this dual-sovereignty between nation and state established by Rutledge and Wilson. The final report of this committee, which became the first draft of the constitution, was the first workable constitutional plan, as Madison's Virginia Plan had simply been an outline of goals and a broad structure. Even after it issued this report, the committee continued to meet off and on until early September. Further changes were made by the convention and other committees. On September 8, 1787, a Committee of Style with different members was empaneled to set down and revise the actual text of the Constitution.