The Constitution's Ratification: A Good Or Bad Move?

The ratification of the US Constitution was a long and arduous process. The country's first constitution, the Articles of Confederation, 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. The new constitution was proposed to address these issues and create a stronger, more centralized government. The ratification process was designed to ensure that the new constitution would be established by the will of the people rather than by political elites. This was achieved by holding ratifying conventions in each state, bypassing the state legislatures, and requiring ratification by nine of the thirteen states. The process was divisive, with Federalists advocating for a more consolidated national government and Anti-Federalists opposing the creation of a powerful central government. The final vote tallies in each state varied, and the constitution was officially ratified on June 21, 1788, when New Hampshire became the ninth state to ratify it.

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The Articles of Confederation

The process of drafting the Articles of Confederation was marked by debates and revisions. Benjamin Franklin, for instance, proposed the "Articles of Confederation and Perpetual Union," which aimed for a more permanent union than the Continental Congress. While some delegates, such as Thomas Jefferson, supported Franklin's proposal, many others were strongly opposed. The final draft of the Articles of Confederation achieved consensus by guaranteeing each state's sovereignty, leaving the matter of western land claims to individual states, and establishing a unicameral legislature with limited powers.

The Federalist Papers

The primary purpose of The Federalist Papers was to promote the ratification of the Constitution of the United States. The authors, who were all members of the Constitutional Convention, believed that the Constitution would provide a stronger and more effective form of government for the young nation. In the essays, they explained the particular provisions of the Constitution in detail, addressing concerns raised by those who opposed its ratification.

The high demand for the essays led to their publication in a more permanent form. The first 36 essays were published as a bound volume in March 1788, followed by a second volume containing essays 37-77 and the previously unpublished essays 78-85 in May 1788. The last eight papers were republished in New York newspapers between June and August 1788. The rapid pace of publication overwhelmed any potential response, and The Federalist Papers greatly influenced the shape of American political institutions.

The Bill of Rights

The ratification of the US Constitution was a long and arduous process. The country's first constitution, the Articles of Confederation, 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, threatening the unity of the young nation.

Alexander Hamilton led the call for a constitutional convention to reevaluate the nation's governing document, and on September 17, 1787, the new US Constitution was signed. However, the document would not be binding until it was ratified by nine of the thirteen existing states. This was a challenging task as many states voiced opposition to the Constitution due to its lack of protection for certain rights, including freedom of speech, religion, and the press.

The Anti-Federalists, who wanted power to remain with state and local governments, strongly opposed the Constitution and advocated for a bill of rights to safeguard individual liberty. On the other hand, the Federalists, who believed in a strong central government, needed to convert at least three states to secure ratification. The "'vote now, amend later'" compromise in Massachusetts helped secure victory, and the Constitution was gradually ratified by the required number of states.

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The role of state legislatures

The ratification of the U.S. Constitution was a long and arduous process. The country'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 and could not regulate commerce or print money. America's leaders soon realised that a stronger, more centralised government was required for future stability. The Articles of Confederation required unanimous ratification by the state legislatures, which proved challenging as slim majorities in a few states opposed the transfer of power from the states to Congress.

The delegates at the Constitutional Convention of 1787, led by Alexander Hamilton, proposed a new constitution to replace the Articles of Confederation. This new constitution aimed to create a powerful central government, a stark departure from the Articles. The delegates intentionally bypassed the state legislatures, recognising that their members would be reluctant to give up power to a national government. Instead, they called for special ratifying conventions in each state, requiring ratification by nine of the thirteen states.

The ratification process was highly divisive, with Federalists supporting a strong central government and Anti-Federalists opposing it due to concerns about individual liberties and states' rights. The Anti-Federalists also criticised the lack of a Bill of Rights in the new constitution. The Federalists, including Hamilton, Madison, and Jay, published essays and cartoons defending the proposed government and guaranteeing amendments to protect individual liberties.

The ratification process began in December 1787, with Delaware becoming the first state to ratify the Constitution. By late July 1788, eleven states had ratified the Constitution, forming a new government. The remaining two states, North Carolina and Rhode Island, ratified the Constitution in 1789 and 1790, respectively. The entire process took over two years, with the final state, Rhode Island, holding a popular referendum instead of a ratifying convention.

The role of the state legislatures in the ratification process was intentionally limited by the delegates of the Constitutional Convention. They recognised that the state legislatures had a strong interest in maintaining their power and influence, and thus, bypassed them to seek ratification directly from the people through special conventions. This approach ensured that the new constitution would be established by the will of the people rather than political elites in the state legislatures. While some states, like Rhode Island, deviated from this process by holding a referendum, the overall strategy of obtaining ratification from ad hoc conventions contributed to the eventual success of the ratification campaign.

The power of the federal government

The ratification of the US Constitution in 1789 established a federal government with more specific powers, including those related to conducting relations with foreign governments. The Constitution superseded the Articles of Confederation, which was the nation's first constitution. The Articles of Confederation 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. The Constitution's first three articles embody the doctrine of the separation of powers, dividing the federal government into three branches: the legislative, the executive, and the judicial.

The legislative branch consists of the bicameral Congress, with the Senate handling important issues such as the ratification of treaties. The executive branch consists of the President and subordinate officers and is responsible for matters of lesser consequence. The judicial branch consists of the Supreme Court and other federal courts. The Constitution also delineates the rights and responsibilities of state governments and their relationship to the federal government.

The ratification of the Constitution shifted the balance of power between the state and federal governments. The Anti-Federalists opposed the Constitution because it created a powerful central government and lacked a bill of rights. The Federalists, on the other hand, believed that a strong central government was necessary to face the nation's challenges. The greatest sticking point during the ratification process was the relative power of the state and federal governments.

The Constitution included compromises that addressed the concerns of both smaller and larger states. Smaller, less populous states favoured the Constitution and the protection of a strong federal government because they had the same power as larger states under the Articles of Confederation. The delegates agreed to protect the slave trade for 20 years, further entrenching slavery. The Connecticut Compromise proposed a Congress with proportional representation in the lower house and equal representation in the Senate, giving each state two senators.

Overall, the ratification of the Constitution strengthened the power of the federal government by providing it with specific powers and a structure that allowed it to act on behalf of the citizenry directly. The federal government gained the ability to conduct foreign relations, regulate commerce, and enforce laws, addressing the challenges faced by the weak central government under the Articles of Confederation.

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