Ratifying the Constitution
On September 17, 1787, under the guise of improving the Articles of Confederation and under secrecy, the Federal Convention approved a new Constitution for the United States. Working through the heat of a Philadelphia summer, the delegates had proposed a drastic change to the way the government would operate and interact with the citizens of the states. A few delegates, such as George Mason were not in favor of this drastic change, fearful of a large, strong central government. Mason stated, "The very idea of converting what was formerly confederation, to a consolidated Government, is totally subversive of every principle which has hitherto governed us.” It was obvious that this new document would instill a lot of passion and disagreement between those who would support it and those who were not convinced it was needed.
Before the Constitution, the United States operated under the Articles of Confederation, adopted in 1781 during the Revolutionary War. The Articles created a weak central government, granting most powers to the individual states. The national government had no executive branch, no judiciary, and lacked the authority to levy taxes or regulate interstate commerce. These limitations became increasingly evident in the postwar years, as the government struggled to manage debts, maintain order and address economic challenges.
The tipping point came with events like Shays' Rebellion (1786-87), an armed uprising by farmers in Massachusetts protesting high taxes and economic injustice. This highlighted the inability of the federal government to maintain domestic order. A growing consensus emerged among leaders that a stronger central government was needed to preserve the union.
In May 1787, delegates from 12 of the 13 states (Rhode Island abstained) convened in Philadelphia to amend the Articles of Confederation. However, it quickly became clear that mere amendments would not suffice. Instead, the delegates decided to draft a completely new constitution.
The Constitutional Convention, presided over by George Washington, was marked by vigorous debate and compromise. Key issues included the structure of the legislative branch, the balance of power between large and small states, and the contentious question of slavery. The Great Compromise resolved disputes between states with large populations and those with smaller ones by establishing a bicameral legislature, consisting of the Senate (equal representation for states) and the House of Representatives (representation based on population). The Three-Fifths Compromise addressed how enslaved individuals would be counted for taxation and representation purposes, with three out of every five enslaved persons counted.
On September 17, 1787, the final draft of the Constitution was signed by 39 of the 55 delegates. It then had to be ratified by at least nine of the 13 states to take effect. The ratification process sparked an intense national debate between two factions: the Federalists, who supported the Constitution, and the Anti-Federalists, who opposed it.
The Federalists were led by men such as Alexander Hamilton, James Madison, and John Jay, the Federalists argued that the Constitution provided a necessary framework for a strong, effective central government capable of unifying the nation, protecting against foreign threats, and managing domestic affairs. They believed the checks and balances built into the Constitution would prevent any one branch of government from becoming too powerful. George Washington, though against political parties and divisions, fully supported the ratification of the Constitution.
Anti-Federalists feared that the Constitution concentrated too much power in the federal government at the expense of states’ rights. They also criticized the absence of a Bill of Rights, arguing that the Constitution did not adequately protect individual liberties. Patrick Henry, George Mason and Samuel Adams argued against ratification of the Constitution in its current form.
The debate played out in newspapers, pamphlets, and public meetings across the country. The Federalist Papers, a series of 85 essays written by Hamilton, Madison, and Jay under the pseudonym "Publius," were a key tool for the Federalists, articulating arguments in favor of ratification and addressing Anti-Federalist concerns.
Each state held a special convention to debate and vote on ratification. The process was far from smooth, with significant opposition in several states. Delaware was the first state to ratify the Constitution, doing so unanimously on December 7, 1787. Pennsylvania and New Jersey quickly followed, with relatively little opposition. Meanwhile in Massachusetts, the debate was intense. Anti-Federalists raised concerns about the lack of a Bill of Rights, but Federalists secured ratification by promising to support amendments addressing these concerns once the Constitution was adopted. Massachusetts ratified the Constitution on February 6, 1788, with a narrow margin.
By June 1788, eight states had ratified the Constitution. New Hampshire's decision to ratify on June 21 made it the ninth state, ensuring that the Constitution would go into effect. However, key states like Virginia and New York had yet to ratify, and their participation was crucial for the legitimacy of the new government. Virginia was still seen as the leading state and George Washington was the clear favorite to be the first President. His home state not joining the new union would be beyond detrimental to the nation. Virginia's convention was deeply divided, with influential figures like Patrick Henry opposing ratification. Ultimately, Virginia ratified the Constitution on June 25, 1788, after Federalists agreed to recommend a Bill of Rights. New York followed on July 26, 1788, after an intense and narrowly won debate.
One of the most significant outcomes of the ratification debates was the promise to add a Bill of Rights. This concession helped sway skeptics in several states. James Madison, initially hesitant about the necessity of a Bill of Rights, took the lead in drafting the amendments. In 1791, ten amendments were ratified, collectively known as the Bill of Rights, guaranteeing fundamental freedoms such as speech, religion, and the press, as well as protections against government overreach.
North Carolina initially rejected the Constitution, citing the lack of a Bill of Rights, but ratified it in November 1789 after the promise of amendments. Rhode Island, the last holdout, finally ratified the Constitution on May 29, 1790, under pressure from the new federal government and the threat of economic isolation.
The ratification of the U.S. Constitution created a new governing system that reflected the need for a more centralized governing system among the old colonies. The document established a government based on principles of federalism, separation of powers, and checks and balances, which have endured for over two centuries. The debates over its ratification laid the groundwork for a political culture that values compromise, civic engagement, and the protection of individual rights.
Further Reading:
- Ratification: The People Debate the Constitution, 1787-1788 by Pauline Maier (Simon & Schuster, 2011)
- Ratifying the Republic: Antifederalists and Federalists in Constitutional Time by David Siemers (Stanford University Press, 2002).
