Who Ratified The Constitution And How?

The United States Constitution was ratified in 1787, with 38 delegates signing the document on September 17. The process of ratification was not straightforward, with fierce debates taking place over congressional representation and the role of centralized power. The delegates ultimately decided to bypass state legislatures, instead calling for special ratifying conventions in each state. This was due to concerns that state legislatures would be reluctant to give up power to a national government and the understanding that ratification by 9 of the 13 states was required to enact the new government. The first state to ratify the Constitution was Delaware on December 7, 1787, followed by Pennsylvania, New Jersey, Georgia, and Connecticut. The ratification of the Constitution marked a significant shift from the Articles of Confederation, which had been in place since the Revolutionary War and had been criticized for its lack of enforcement powers and inability to regulate commerce or print money.

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The role of George Washington

George Washington played a significant role in the ratification of the Constitution. As the president of the Constitutional Convention that took place from May to September 1787, he ensured that delegates remained open to compromise to achieve a stronger national government. Washington himself rarely participated in the debates, but his presence and leadership prompted the delegates to envision an executive with wide-ranging powers.

When the Constitution was sent to the states for ratification, Washington actively supported the process. He wrote letters to political leaders across the nation, urging them to ratify the Constitution. In his correspondence, he expressed his belief in the need for a stronger central government, stating that the unity of the nation had been tested under the Articles of Confederation. He also acknowledged the Constitution's imperfections but praised the amendment provision, which allowed for corrections after its implementation.

Washington's support carried significant weight, and Federalists readily used his image and endorsements to promote ratification. His signature on the Constitution and his letter of 17 September 1787, attached to the document, were powerful tools for the Federalists. In the letter, he wrote,

> "The Constitution, which we now present, is the result of a spirit of amity and of that mutual deference and concession which the peculiarity of our political situation rendered indispensable."

Washington's endorsement made it challenging for Anti-Federalists to justify their opposition to ratification. They argued that Washington, as a non-legislator, had been deceived by cunning politicians seeking a dangerous form of government. However, Washington's influence helped secure the necessary nine states' approval, and he was subsequently elected as the first President by the electoral college.

The Federalist Papers

The publication of The Federalist Papers was met with high demand, leading to their release in a more permanent form. On January 1, 1788, the New York publishing firm J. & A. McLean announced that they would publish the first 36 essays as a bound volume, titled "The Federalist Volume 1". This was followed by a second bound volume containing Federalist Nos. 37–77 and the previously unpublished Nos. 78–85. The Federalist Papers proved successful in influencing public opinion and played a key role in shaping American political institutions.

Ratification by 9 of 13 states

The process of ratifying the US Constitution was a long and arduous one. The country was governed by the Articles of Confederation, which allowed states to retain their individual powers and act more like independent, sovereign countries. However, it became clear that a stronger, more centralized government was needed for future stability. As a result, representatives from all 13 states were invited to a Constitutional Convention in Philadelphia in May 1787.

The delegates at the Convention were initially tasked with amending the Articles of Confederation. However, they ultimately proposed and created a new form of government with three branches: executive, legislative, and judicial. The new Constitution was signed by 38 delegates (or 39, counting George Reed, who signed for John Dickinson of Delaware) on September 17, 1787.

The Constitution would only become binding once it was ratified by nine of the 13 states. The first state to ratify was Delaware on December 7, 1787, followed by Pennsylvania, New Jersey, Georgia, and Connecticut. Some states opposed the Constitution due to its lack of protection for certain rights, such as freedom of speech, religion, and the press. However, the "vote now, amend later" compromise helped secure victory in Massachusetts, and it was subsequently ratified by Maryland and South Carolina.

On June 21, 1788, New Hampshire became the ninth state to ratify the Constitution, and it went into effect on March 4, 1789. The new government was structured to reflect the system of representation created by the Connecticut Compromise at the Constitutional Convention. The Constitution was still evolving, and amendments were introduced and ratified over the next few years. All 13 original states eventually ratified the Constitution, with Rhode Island being the last on May 29, 1790.

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State conventions vs. state legislatures

The delegates at the Constitutional Convention in 1787 chose to bypass the state legislatures and instead called for special ratifying conventions in each state. This was because they believed that the members of the state legislatures would be reluctant to give up power to a national government. By holding state conventions, the delegates ensured that the Constitution's authority came directly from representatives of the people, specifically elected to approve or reject the charter. This approach also allowed the conventions to be more representative of the people, as property and residence requirements could be reduced or eliminated when voting for convention delegates.

State conventions also served the purpose of informing the public about the provisions of the proposed new government. They served as forums for proponents and opponents to articulate their ideas before the citizenry. This was especially important as the Constitution had been drafted in secrecy during the Philadelphia convention.

Additionally, state conventions made it easier to obtain ratification. With eleven states having bicameral legislatures, two struggles would have been necessary to obtain a single state’s adoption. Conventions also allowed prominent men who were not state legislators to participate in the ratification debate.

The use of state conventions instead of state legislatures was a significant philosophical decision. It reflected the idea that the new federal Constitution should be superior to any specific legislature and represent the will of the people directly.

The delegates at the Constitutional Convention were also wary of centralized power and loyal to their states. They crafted a powerful central government that addressed the weaknesses of the Articles of Confederation, which had given the Confederation Congress the power to make rules and request funds from the states, but no enforcement powers. The delegates' decision to bypass state legislatures can also be understood in this context of balancing centralized power with states' rights.

Anti-Federalists' opposition

The Anti-Federalists were a late-18th-century political movement that opposed the creation of a stronger US federal government and later opposed the ratification of the 1787 Constitution. Led by Patrick Henry of Virginia, the Anti-Federalists believed that the new Constitution consolidated too much power in the hands of Congress, at the expense of the states. They believed that the unitary president resembled a monarch, and that the liberties of the people were best protected when power resided in state governments, as opposed to a federal one. They also believed that the new government threatened their personal liberties.

The Anti-Federalists wanted a weak central government and strong state governments, the direct election of government officials, short term limits for officeholders, accountability by officeholders to popular majorities, and the strengthening of individual liberties. They believed that the central government under the Articles of Confederation was sufficient. They also believed that while the national government under the Articles was too weak, the national government under the Constitution would be too strong.

The Anti-Federalists fought hard against the Constitution because it created a powerful central government that reminded them of the one they had just overthrown, and it lacked a bill of rights. They mobilized against the Constitution in state legislatures across the country. Anti-Federalists in Massachusetts, Virginia, and New York, three crucial states, made ratification of the Constitution contingent on a Bill of Rights. In Virginia, Patrick Henry, author of the famous "Give Me Liberty or Give Me Death" speech, called the proposed constitution, "A revolution as radical as that which separated us from Great Britain."

The Anti-Federalists published a series of articles and delivered numerous speeches against the ratification of the Constitution. These independent writings and speeches have come to be known collectively as The Anti-Federalist Papers. They played upon these feelings in the ratification convention in Massachusetts. After a long debate, a compromise (known as the "Massachusetts compromise") was reached. Massachusetts would ratify the Constitution with recommended provisions in the ratifying instrument that the Constitution be amended with a bill of rights.

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