Omar Bennett
The ratification of the US Constitution was a long and arduous process, with the country being governed by the Articles of Confederation until its ratification. The Articles of Confederation were inadequate and it became clear to America's leaders that a stronger, more centralized government was required. The Constitution was drafted in 1787, and during the year-long debates over its ratification, supporters of the Constitution called themselves Federalists, while their opponents were known as Anti-Federalists. The Federalists, including renowned patriots, intellectuals, and state politicians, advocated for a more consolidated national government and believed that the proposed design was the only way to save the country from foreign invasion or anarchy. Alexander Hamilton, George Washington, and Benjamin Franklin were among the Constitution's most prominent supporters. Hamilton wrote a series of essays, known as The Federalist Papers, that explained and defended the proposed new government. Despite the support of these influential figures, ratification nearly failed due to massive grassroots opposition. The Constitution was eventually ratified on June 21, 1788, when New Hampshire became the ninth state to approve it, and it became the official framework of the US government.
| Characteristics | Values |
|---|---|
| Supporters' chosen label | Federalists |
| Opponents' label | Anti-Federalists |
| Supporters' argument | The proposed design was the only way to save the country from foreign invasion or anarchy |
| Supporters' concerns | The Confederation Congress could not pay its debts, including soldiers’ pensions; Congress commanded no respect abroad and lacked power to protect the country’s boundaries; the economy was in freefall; and the states lay on the verge of devolving into regional confederacies |
| Key supporters | George Washington, Benjamin Franklin, Alexander Hamilton, James Madison, John Jay, Thomas Jefferson, Patrick Henry, and George Mason |
| Key states | Massachusetts, New York, and Virginia |
| Publication | The Federalist Papers, a series of essays published in newspapers |
| Ratification date | June 21, 1788 |
| Number of states required for ratification | 9 out of 13 |
| Number of states that ratified the Constitution | All 13, by May 29, 1790 |
| First state to ratify the Constitution | Delaware, on December 7, 1787 |
| Date of first federal elections | December 15, 1788 |
| Date of new government | March 4, 1789 |
| First President | George Washington |
| First Vice President | John Adams |
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What You'll Learn
The need for a stronger national government
The Federalists pointed to the inability of the Confederation Congress to pay its debts, including soldiers' pensions, and its lack of power to protect the country's boundaries and command respect abroad. They argued that the economy was in freefall and that the states were on the verge of devolving into regional confederacies. A stronger national government, they claimed, was necessary to save the country from foreign invasion or anarchy.
Alexander Hamilton, a chief advocate for the Constitution, wrote extensively in support of ratification. He and other Federalists believed that a strong federal government was needed to unite the thirteen states. Hamilton and James Madison wrote nearly 80 essays, totaling about 175,000 words, promoting ratification. These essays, published under the pen name Publius, formed the basis of the Federalist Party and played a significant role in advocating for a stronger national government.
The Constitution that emerged from the debates and compromises of the Constitutional Convention reflected a balance between Federalists and Anti-Federalists. It promised a stronger central government with greater congressional powers, including the power to tax, a more powerful executive, and an independent judiciary. This new government, Federalists argued, would better protect the rights, safety, and happiness of the people.
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The federal principle of balancing national and state power
The US Constitution, drafted in 1787, replaced the Articles of Confederation, which was essentially a treaty among sovereign states. The Constitution was ratified by the people in state conventions, rather than by state legislatures, and it provided the national government with powers it lacked under the Articles of Confederation. The Founders wanted to ensure the national government could act on behalf of the citizenry directly without going through state governments. However, they also wanted to preserve the states' power over their citizens. This balance between national and state power is known as federalism.
Federalism became the guiding principle to safeguard Americans against tyranny while providing a check against rogue states. The Constitution created a separation of powers between the three branches of government: Executive, Legislative, and Judiciary, each with checks and balances. The Tenth Amendment to the Constitution, ratified in 1791, further reinforced the federal principle by stating that "The powers not delegated to the United States by the Constitution, nor prohibited by it to the states, are reserved to the states respectively, or to the people."
The Supreme Court plays a crucial role in defining the powers of the federal and state governments by interpreting the Constitution. The "Supremacy Clause" in Article VI of the Constitution declares it to be "the supreme law of the land," giving federal laws precedence over state laws. However, the Tenth Amendment reserves certain powers for the states, and the judicial branch should respect state authority by avoiding federal preemption of state laws and policies.
Throughout US history, the federal and state governments have struggled over power. Supreme Court decisions and events like the American Civil War have expanded and restricted federal authority at different times. More recently, issues like immigration, healthcare, and public health have become battlegrounds between state and federal powers. The federal government's power to regulate foreign commerce and declare war on foreign nations impacts immigration policies, while federal mandates in the Affordable Care Act and COVID-19 responses have clashed with state authority over public safety and schools.
To maintain a balanced federal system, governors advocate for a strong cooperative relationship between the states and the federal government. They believe that federal action should be limited to the duties and powers delegated to the federal government under the Constitution, preserving state sovereignty in legislating and regulating activities within their states. Federal assistance funds should flow through states according to state laws, and states should have flexibility in establishing federally mandated advisory groups.
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The protection of natural rights
The Federalists, on the other hand, actively campaigned for ratification, arguing that a strong central government was necessary to protect the rights, safety, and happiness of the people. Alexander Hamilton, a chief advocate for ratification, wrote a series of essays under the pen name Publius, later compiled as "The Federalist", defending the proposed Constitution and addressing the concerns of the Anti-Federalists. In "Federalist No. 10", James Madison discussed the means of preventing rule by majority faction, advocating for a large, commercial republic to protect individual liberty from majority rule. Madison also addressed the creation of checks and balances within the government and advocated for the separation of powers.
The absence of a Bill of Rights in the original Constitution proved to be a significant obstacle to its ratification by the states. The Federalists initially opposed its inclusion, arguing it was unnecessary as most states already had their own Bills of Rights. However, Thomas Jefferson's argument that a bill of rights was something the people were entitled to against the government proved decisive, and the sentiment among the recently freed American people was that strong guarantees protecting their freedoms of speech, press, and religion were necessary.
The Bill of Rights, created under the new Constitution, responded to the Anti-Federalists' concerns and specified the natural rights that were to be protected. These included the rights to liberty and property, as well as freedom of religion, speech, and the press. The inclusion of these rights in the Bill of Rights made them legally enforceable, ensuring that the federal government and the states would be required to respect them.
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The value of a strong executive
The ratification of the US Constitution was a highly debated topic, with Federalists and Anti-Federalists holding differing views on the role of the central government. While Federalists supported a strong central government with greater congressional powers, Anti-Federalists favoured a limited central government and stronger state governments. Interestingly, it was the Anti-Federalists who supported the idea of a strong executive, preferably elected by the people, while Federalists argued for states' rights and cooperation among the states.
A strong executive, independent of the national legislature and the states, was advocated by James Wilson during the Constitutional Convention. He proposed that the executive should consist of a single person, the President, with indefinite re-eligibility. This view was supported by the Vesting Clause of Article II of the Constitution, which states that "The executive Power [of the United States] shall be vested in a President of the United States of America." This clause forms the basis for the unitary executive theory, which asserts that the President has sole authority over the executive branch and can direct and control all government officials with executive power.
The advantages of a reasonably strong executive became evident in the context of the Articles of Confederation, which vested all powers in a unicameral Congress. It was recognized that an unfettered legislature could be just as harmful as an uncurbed executive. By concentrating executive power in a single person, the potential for corruption and the influence of special interests are reduced. Additionally, a strong executive can act as a check and balance on the legislative branch, preventing any one branch from having too much power.
The President, as the leader of the executive branch, has significant responsibilities and powers. These include serving as the Commander-in-Chief of the armed forces, granting reprieves and pardons for offences (except in cases of impeachment), making treaties with the advice and consent of the Senate, and appointing ambassadors, ministers, judges, and other officers with the Senate's consent. The President also has the power to influence rule-making in agencies and exercise discretion over the implementation of new laws.
A strong executive can provide stability and efficient decision-making, particularly in times of crisis or national security concerns. It ensures a unified direction for the country and can facilitate quicker responses to emerging challenges or changing circumstances. Additionally, a strong executive can promote consistency in policy implementation across various government departments and agencies.
In conclusion, a strong executive, as envisioned by the US Constitution and supported by the unitary executive theory, provides several benefits. These include checks and balances on legislative power, reduced potential for corruption, efficient decision-making, and unified direction for the country. However, critics caution against too much executive power, emphasizing the need for countermeasures and constitutional checks and balances to prevent presidential overreach.
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The need for a central government to protect rights, safety, and happiness
The ratification of the US Constitution was a highly contested issue in the late 18th century, with Federalists and Anti-Federalists engaging in heated debates. At the heart of these debates was the question of the role and power of a central government. Federalists argued for a strong central government, contending that it was necessary to protect the natural rights of citizens to life, liberty, and property. They believed that a central government with greater congressional powers, a more powerful executive, and an independent judiciary would best secure these rights.
The Federalists' advocacy for a strong central government was driven by their desire to protect the rights, safety, and happiness of the people. They recognized that a central government, with its ability to enact and enforce laws, could safeguard citizens' liberties and ensure their well-being. This belief was reflected in the Declaration of Independence, which proclaimed that governments are instituted among men to secure their inalienable rights to "life, liberty, and the pursuit of happiness."
The Federalists' support for a strong central government was also influenced by the political context of the time. The French alliance inspired the founders to adopt a similar form of government, recognizing the importance of international cooperation. Additionally, the Federalists understood that a central government could provide a framework for resolving disputes and maintaining stability, which was crucial in a young nation still healing from the wounds of the Revolutionary War.
However, it is important to note that the Anti-Federalists had valid concerns about the potential concentration of power in a central government. They advocated for limited government intervention and emphasized the value of self-governance and republicanism. The Anti-Federalists' perspective reflected a deep-rooted belief in the ability of individuals to govern themselves and make decisions at a local level. While they did not oppose the idea of a central government entirely, they sought to balance its power with strong state governments, ensuring that the rights of the states and the people were protected.
The ratification of the Constitution was a complex and contentious process, shaped by the passionate arguments of both Federalists and Anti-Federalists. Ultimately, the sovereign people decided to accept the Constitution, recognizing the need for a central government to protect their rights, safety, and happiness. This decision laid the foundation for the modern American political system, with its unique blend of federal and state powers, and continues to influence the ongoing debate over the role of government in society.
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Frequently asked questions
Federalists, or advocates for the Constitution, argued that a stronger central government was needed to protect the rights, safety, and happiness of the people. They believed that a more consolidated national government was the only way to save the country from foreign invasion or anarchy, especially given the economic crisis and the Confederation Congress's inability to pay its debts.
Critics of the Constitution, known as Anti-Federalists, argued for the value of limited central government. They believed that natural rights to life, liberty, and property would be best protected under a strong executive elected by the consent of the governed. Anti-Federalists asserted that the rule of law would best serve the people and promoted a limited government and cooperation of the states.
George Washington, Benjamin Franklin, Alexander Hamilton, James Madison, John Jay, and many other experienced leaders advocated for the ratification of the Constitution.
The Constitution was drafted by delegates at the Constitutional Convention in Philadelphia from May to September 1787. It was then sent to the states for approval, with nine of the thirteen states needing to ratify it to establish a new federal government. The process of ratification was highly exclusive, with most Americans in 1787-1788 being disfranchised, marginalized, or enslaved.
