Creating a Legislature

For the leaders of the American Revolution, legislatures were the most important part of any government.

“Signing the Constitution of the United States”

By Thomas Rossiter, ca. 1860–70
Watercolor
Courtesy of Independence Hall National Historical Park

Not to be used without permission

The Virginia Plan, as amended, June 13, 1787

National Archives and Records Administration, Records of the Continental and Confederation Congresses and the Constitutional Convention

On May 29, 1787, Virginia delegate Edmund Randolph proposed what became known as "The Virginia Plan." Written primarily by fellow Virginian James Madison, the plan traced the broad outlines of what would become the U.S. Constitution: a national government consisting of three branches with checks and balances to prevent the abuse of power. In its amended form, this page of Madison's plan shows his ideas for a legislature. It describes 2 houses: one with members elected by the people for 3-year terms and the other composed of older leaders elected by the state legislatures for 7-year terms. Both would use population as a basis for dividing seats among the states.

Report of the Grand Committee, July 5, 1787

National Archives and Records Administration, Records of the Continental and Confederation Congresses and the Constitutional Convention

The Constitutional Convention struggled for weeks over how representatives to a national legislature should be chosen. The report of the Grand Committee, shown here, represented an effort to find a compromise between the positions of the large and small states. On July 16, the convention adopted the "Great Compromise" based on this report. It apportioned representation in the House of Representatives by population. In the Senate, each state would be represented by two senators chosen by the state legislatures.


It is in the legislatures that the members of a commonwealth are united and combined together into one coherent, living body. This is the seal that gives form, life, and unity to the commonwealth.

Providence [Rhode Island] Gazette, April 3, 1779

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For the leaders of the American Revolution, legislatures were the most important part of any government. It was through legislatures that the people made their will known. When the Federal Convention met in Philadelphia in 1787 to amend the Articles of Confederation, most of the delegates agreed that the legislature should have two houses with greatly expanded powers. There was disagreement, however, over the type of representation. Heavily populated states supported James Madison's efforts to base representation on population alone. Delegates from smaller states supported William Paterson's "New Jersey Plan" that would have given states equal representation in the Congress. Eventually, delegates reached a compromise that provided for a two-house legislature: one with representation based on population elected directly by the people; the other chosen by state legislatures with equal representation for each state.