The Dissenters to the Constitution

On Sept. 15, 1787, 42 delegates gathered in Philadelphia to finish their work in crafting a new Constitution. However, three prominent members of the group opposed the Constitution. 

In James Madison’s notes, he set out the objections of these three dissenters: George Mason, Elbridge Gerry, and Edmund Randolph. Mason had spoken often in Philadelphia. In 1776, he had drafted Virginia’s Declaration of Rights, which influenced Thomas Jefferson’s draft of the Declaration of Independence and declarations of rights enshrined in state constitutions across the new nation. This time, Mason opposed the Constitution for lacking a bill of rights. He also objected to the Constitution’s expansion of federal power—criticizing it for creating a strong central government with a single executive. Gerry had numerous complaints about the new Constitution, including the absence of a bill of rights.  

Randolph made a motion that the proposed Constitution “might be offered by the State Conventions, which should be submitted to and finally decided on by another general Convention.” Mason seconded the motion, which was unanimously rejected by the state delegations. The delegations then unanimously agreed to approve the Constitution, to be signed once engrossed, or copied by hand. 

On September 17, 1787, at the conclusion of the Convention on Tuesday, Gerry and Randolph spoke after James Wilson read a speech written by Benjamin Franklin asking the delegates to sign the Constitution. Both offered their objections to the Constitution. On a motion from Franklin, the states approved signing the Constitution.  

“The members then proceeded to sign the instrument,” Madison noted. “The Constitution being signed by all the members except Mr. Randolph, Mr. Mason, and Mr. Gerry who declined giving it the sanction of their names.”