Isabella Carter
The ratification of the US Constitution was a lengthy and challenging process that significantly impacted the country's future. The Constitution, signed by 38 delegates on September 17, 1787, proposed a new government structure, addressing the weaknesses of the previous Articles of Confederation. The Articles, America's first constitution, lacked enforcement powers and struggled with issues like territory disputes, war pensions, and trade regulations, threatening the country's stability. The new Constitution aimed for a stronger, centralized government, and its ratification process involved convincing the people and obtaining state majorities. The Federalists, who supported a strong central government, faced opposition from Anti-Federalists, who were reluctant to give up state power. The compromise of vote now, amend later played a crucial role in securing ratification in several states. The process culminated on June 21, 1788, when New Hampshire became the ninth state to ratify, officially enacting the new government framework. However, it wasn't until May 29, 1790, that all states ratified the Constitution, and the Bill of Rights was added later. The ratification of the Constitution laid the foundation for the modern US government and resolved critical issues facing the young nation.
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What You'll Learn
- The Articles of Confederation and the need for a stronger, more centralized government
- The Grand Convention of state delegates and the proposal for a new form of government
- The Federalists and Anti-Federalists: the debate over a powerful central government
- The ratification campaign: a close contest with a vote now, amend later compromise
- The Bill of Rights: addressing concerns over freedom of speech, religion and press
The Articles of Confederation and the need for a stronger, more centralized government
The Articles of Confederation served as the first constitution of the United States, establishing the functions of the national government after its independence from Great Britain. The document was debated and ratified by the Second Continental Congress between July 1776 and November 1777, coming into force on March 1, 1781, after being ratified by all 13 colonial states.
The Articles of Confederation established a weak confederal government, only affording it the powers that the former colonies recognised as belonging to the British Crown and Parliament during the colonial era. This included the authority to regulate and fund the Continental Army, conduct foreign diplomacy, and declare war. However, the central government lacked the power to enforce these provisions, often leaving the military vulnerable to inadequate funding and supplies. The states retained considerable power, and the central government had insufficient authority to regulate commerce, tax, or set commercial policy.
The weaknesses of the Articles of Confederation became apparent, especially after Shays' Rebellion, and several prominent political thinkers began calling for changes that would strengthen the powers of the central government. The government was unable to prevent states from pursuing their own independent policies, such as Georgia's attempts to occupy disputed territories with Spanish Florida, threatening war if Spanish officials did not curb Indian attacks or refrain from harbouring escaped slaves. The Confederation government also failed to prevent the landing of convicts exported by the British Government to its former colonies.
As a result, delegates from all 13 states convened in Philadelphia on May 25, 1787, to participate in a Constitutional Convention to amend the Articles of Confederation. However, it quickly became clear that the defects in the government could not be remedied by altering the Articles, and the delegates went beyond their mandate by authoring a new constitution. This new constitution proposed a completely new form of government, and after significant ratification debates, it was ratified by nine of the 13 states on June 21, 1788, becoming the official framework of the government of the United States.
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The Grand Convention of state delegates and the proposal for a new form of government
The Grand Convention of state delegates, also known as the Constitutional Convention, was convened in Philadelphia on May 25, 1787. The initial purpose of the convention was to amend the Articles of Confederation, which was America's first constitution. The Articles of Confederation gave the Confederation Congress the power to make rules and request funds from the states, but it lacked enforcement powers, the ability to regulate commerce, and the ability to print money.
Alexander Hamilton, James Madison, and George Washington, among others, feared that without a stronger, more centralized government, the young country was on the brink of collapse due to disputes over territory, war pensions, taxation, and trade. Hamilton led the call for a constitutional convention, and the Confederation Congress endorsed his initiative. Representatives from all 13 states were invited to participate in the convention.
The convention concluded on September 17, 1787, with the signing of the new U.S. Constitution by 38 out of 41 delegates present. The delegates had been tasked with revising the existing government but instead created a completely new form of government. Wary of centralized power and loyal to their states, they crafted a powerful central government with checks and balances, creating a federal system with a separation of powers.
The new constitution delineated the frame of the federal government, with the first three articles embodying the doctrine of the separation of powers. The legislative branch consisted of a bicameral Congress, the executive branch consisted of the president and subordinate officers, and the judicial branch consisted of the Supreme Court and other federal courts.
The delegates also adopted the Connecticut Compromise, which proposed a Congress with proportional representation in the lower house and equal representation in the upper house, with each state having two senators. Additionally, to satisfy interests in the South, they agreed to protect the slave trade for 20 years, further entrenching slavery into the fabric of the nation.
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The Federalists and Anti-Federalists: the debate over a powerful central government
The Federalists and Anti-Federalists had opposing views on the creation of a powerful central government, as outlined in the U.S. Constitution. The Federalists, including Alexander Hamilton, believed that a strong central government was necessary for the nation's stability and to address the challenges it faced. They argued that the Articles of Confederation, which was the country's first constitution, were inadequate and lacked enforcement powers, the ability to regulate commerce, and the ability to print money. The Federalists wanted to create a powerful central government that could effectively govern the nation and prevent it from collapsing.
On the other hand, the Anti-Federalists, including Bryan, feared that a powerful central government would lead to the concentration of power in the hands of the wealthy and established families, subjugating the common working people. They believed that the new government resembled the one they had just overthrown in the Revolutionary War and fought hard against the ratification of the Constitution. The Anti-Federalists wanted to maintain a weaker central government with more power vested in the states.
The debate between the Federalists and Anti-Federalists was intense and shaped the ratification process of the Constitution. The Federalists, led by Hamilton, James Madison, and John Jay, produced "The Federalist Papers", a series of 85 essays explaining and defending the proposed new government. They lobbied for votes in favor of ratification and worked to address the concerns of the Anti-Federalists.
The Anti-Federalists, however, remained opposed to the Constitution even after it was signed on September 17, 1787, by 38 out of 41 delegates. The Anti-Federalists continued to voice their objections, arguing that the Constitution lacked a bill of rights and did not provide sufficient protection for freedoms such as speech, religion, and the press. The ratification process was a close call, with the Federalists needing to convert at least three states to their cause.
The compromise reached in Massachusetts, known as the "vote now, amend later" agreement, was a turning point. This compromise helped secure victory in Massachusetts and eventually led to the ratification of the Constitution by the required nine out of 13 states, with New Hampshire being the final state to ratify it on June 21, 1788. The Anti-Federalists' concerns were partially addressed through the addition of the Bill of Rights, which was ratified by three-fourths of the states by December 15, 1791.
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The ratification campaign: a close contest with a vote now, amend later compromise
The ratification of the US Constitution was a long and arduous process. The country was governed by the Articles of Confederation, which quickly proved inadequate as it gave the Confederation Congress the power to make rules and request funds from the states, but it had no enforcement powers, couldn't regulate commerce, or print money. This led to disputes between the states that threatened to tear the young nation apart.
Alexander Hamilton led the call for a constitutional convention to reevaluate the nation's governing document, and in May 1787, representatives from all 13 states convened in Philadelphia. The convention's initial purpose was to amend the Articles of Confederation, but the delegates, wary of centralised power and loyal to their states, created a completely new form of government with a powerful central government.
The Federalists, who believed in a strong central government, needed to convert at least three states to ratify the new Constitution. The Anti-Federalists, on the other hand, opposed the Constitution as it reminded them of the recently overthrown government and lacked a bill of rights. The ratification campaign was a close contest, and the tide turned in Massachusetts with the "vote now, amend later" compromise, which helped secure victory and eventually led to the required nine states ratifying the document.
The "vote now, amend later" compromise, also known as the Massachusetts Compromise, was reached in February 1788. It stipulated that amendments would be proposed to protect freedom of speech, religion, and the press, which later became the Bill of Rights. This compromise was crucial in securing the ratification of the Constitution in Massachusetts and, eventually, the final holdout states of Maryland, South Carolina, and New Hampshire.
The ratification of the Constitution shaped America by providing a stronger, more centralised government and addressing the shortcomings of the Articles of Confederation. It also set the framework for the federal government, with its three branches: legislative, executive, and judicial. However, the issue of slavery was not addressed, and it continued for six more decades despite the Constitution's compromises.
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The Bill of Rights: addressing concerns over freedom of speech, religion and press
The US Constitution was ratified on June 21, 1788, when New Hampshire became the ninth state to do so. However, some states voiced opposition to the Constitution on the grounds that it did not adequately protect rights such as freedom of speech, religion, and the press. To address these concerns, the Massachusetts Compromise of February 1788 stipulated that amendments—what became the Bill of Rights—would be proposed immediately.
The Bill of Rights comprises the first ten amendments to the Constitution. Proposed by the First Congress of the United States on September 25, 1789, they were ratified on December 15, 1791. The Third Amendment states that "Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances."
The freedom of religion clause in the Bill of Rights ensures that the government cannot establish an official religion or prohibit the free exercise of any religion. This provision was designed to prevent religious persecution and discrimination, and to allow individuals to worship freely according to their own beliefs.
The freedom of speech clause prohibits the government from abridging the freedom of speech of its citizens. This right enables individuals to express their ideas and opinions without fear of government censorship or retaliation. It also encompasses the freedom to seek and receive information, fostering an informed and engaged citizenry.
The freedom of the press clause guarantees the right to publish without government interference. This freedom is essential for a free press to function as a watchdog, holding those in power accountable and ensuring the free flow of information to the public. While the press has enjoyed broad freedoms, there have been instances, such as the Alien and Sedition Acts, where laws have been enacted to stifle criticism and restrict press freedoms.
The Bill of Rights, by guaranteeing these fundamental freedoms, has played a pivotal role in shaping American society. It has ensured that individuals are free to worship, speak, and publish without government intrusion, fostering an environment conducive to the exchange of ideas and the vibrant discourse that is central to a healthy democracy.
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Frequently asked questions
The initial purpose of the Convention was to amend the Articles of Confederation. However, the delegates ended up creating a new form of government, resulting in the proposal of a new constitution.
The U.S. Constitution was signed on September 17, 1787, by 38 out of 41 delegates. Delaware was the first state to ratify the Constitution on December 7, 1787. On June 21, 1788, New Hampshire became the ninth and final state needed to ratify the Constitution. The first federal elections were held from December 15, 1788, to January 10, 1789, and the new government was formed on March 4, 1789, with George Washington as President.
There was opposition to the Constitution from Anti-Federalists, who believed it created a powerful central government that lacked a bill of rights. The Federalists, on the other hand, argued for a strong central government. The "`vote now, amend later'" compromise helped secure victory in Massachusetts and eventually in the final holdout states.
The Constitution did not originally define who was eligible to vote, leaving this to the states. Most states allowed only white male adult property owners to vote. The Constitution also failed to abolish slavery and address voting rights for former slaves. It took the Reconstruction Amendments between 1865 and 1870 to address these issues, and the Nineteenth Amendment in 1920 prohibited denying any citizen the right to vote based on sex.
