Gouverneur Morris' Role in the Constitutional Convention

Gouverneur Morris, tall and peg-legged, made his mark at the Constitutional Convention. Known as the "Penman of the Constitution," he gave 173 speeches, more than any other delegate. Morris championed a strong, centralized government and the separation of powers.

Morris' key contributions included:

• Arguing against counting slaves for representation unless also counted for taxation
• Pushing for a powerful presidency with popular elections
• Reshaping the final draft as part of the Committee of Style

On the Committee of Style, Morris made significant changes, including:

1. Changing the preamble to "We the People of the United States"
2. Removing "herein granted" from executive powers
3. Adding "the supreme law of the land," laying groundwork for judicial review

The Committee of Style and Morris' Drafting Contributions

On the Committee of Style, Morris embedded his Federalist principles into the Constitution. He transformed the Preamble from "We, the People of the States…" to "We the People of the United States," promoting national unity.

Morris differentiated between Congress and Presidential powers:

• Congress received "All legislative power herein granted"
• The President received "The executive power," broadening executive authority

Adding "the supreme law of the land" to Article VI supported judicial review. He reworded the contract clause to protect all contracts, including those with the state. Morris also tweaked language around slavery, omitting "justly" from the fugitive slave clause and adjusting the new states clause to potentially hinder new slave states.

Morris' Vision for a Strong Central Government

Morris argued fiercely for a unified national government, seeing loose confederation as a path to chaos. He championed a strong presidency to check legislative power and act decisively. His careful wording of Article II expanded executive power beyond what was explicitly granted.

"The Executive is the protector of the people against their own representatives."¹ – Gouverneur Morris

He balanced power among branches, elevating the judiciary to co-equal status and providing grounds for judicial review. Morris' reworking of the contract clause aimed to protect all contractual obligations, fostering public trust and legal stability.

Even his anti-slavery stance, reflected in subtle edits, supported his vision of a strong central government capable of addressing future challenges.

Morris' Stance on Slavery and Its Impact on the Constitution

Morris openly denounced slavery at the Convention, highlighting Southern hypocrisy in counting slaves for representation but not as citizens. He attacked the Three-Fifths Compromise, arguing that if slaves were counted for representation, they should be for taxation too.

In drafting, Morris made subtle anti-slavery changes:

• Removed "justly" from the fugitive slave clause
• Revised the new states clause to potentially hinder new slave state creation

These changes provided a foundation for future abolitionist arguments, embedding anti-slavery elements in the Constitution that could be used to challenge the institution later. Morris' efforts laid the groundwork for the eventual abolition of slavery, although it would take decades and a civil war to achieve.

The Legacy of Gouverneur Morris' Constitutional Contributions

Morris' drafting work profoundly shaped American constitutional discourse. His edits influenced three key areas:

• Balance of federal power
• Executive authority
• Judicial review

The Preamble's "We the People of the United States" supported arguments for a strong national government. Morris' wording, along with the necessary and proper clause, has been used to justify broad interpretations of federal powers.

Morris' language changes amplified presidential power. The difference between the Article I and II vesting clauses created a basis for expansive executive authority. This distinction has been used to argue for inherent presidential powers beyond those explicitly listed.

The inclusion of "the supreme law of the land" in Article VI provided a foundation for judicial review. This phrase empowered courts to invalidate unconstitutional laws, reinforcing checks and balances.

Morris' adjustments to the contract clause extended protections to all contracts, including those with the state. This change has implications for maintaining the rule of law and respecting contractual obligations at all levels of governance.

His handling of the fugitive slave clause and the new states clause provided arguments against the perpetuation and expansion of slavery. These edits created potential points of contention that abolitionists later utilized.

Morris' legacy demonstrates the impact of precise language in constitutional design. His changes embedded principles of strong federal governance, extensive executive power, and judicial oversight that continue to influence American law and governance.¹

Gouverneur Morris' legacy in shaping the Constitution is significant. His contributions have influenced American governance, emphasizing:

1. A strong central government
2. Extensive executive power
3. Judicial oversight

Morris' work continues to impact constitutional interpretation and debates, making him a pivotal figure in American legal history.²