Eleanor Finch
The ratification of the Constitution of the United States of America was a long and arduous process. The country was initially governed by the Articles of Confederation, which gave the Confederation Congress the power to make rules and request funds from the states, but it lacked enforcement powers, couldn't regulate commerce, or print money. The states' disputes over territory, war pensions, taxation, and trade threatened to tear the young country apart. The delegates to the Constitutional Convention in 1787 approved a new form of government, which was then ratified by nine of the thirteen states, becoming the official framework of the government of the United States on June 21, 1788. The ratification of the Constitution revealed the deep divisions in the country, with Federalists supporting a strong central government and Anti-Federalists opposing it due to concerns about excessive power and the lack of a bill of rights.
| Characteristics | Values |
|---|---|
| Date of signing | September 17, 1787 |
| Number of delegates who signed | 38 out of 41 |
| First state to ratify | Delaware |
| Date of Delaware's ratification | December 7, 1787 |
| Number of states required for ratification | 9 out of 13 |
| Date of ratification | June 21, 1788 |
| Date of ratification by all states | May 29, 1790 |
| Date the Bill of Rights became part of the Constitution | 1791 |
| Opposition to the Constitution | Anti-Federalists |
| Reason for opposition | Creation of a powerful central government, Lack of a bill of rights |
| Compromise | Massachusetts Compromise, leading to the Bill of Rights |
| Support for the Constitution | Federalists |
| Reason for support | Need for a strong central government |
| Outcome of the ratification | New form of government, Stronger and more centralized |
| Previous governing document | Articles of Confederation |
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What You'll Learn
The Federalists' role
The Federalists played a crucial role in the ratification of the Constitution, which was an arduous process. The Federalists believed that a strong central government was necessary to address the nation's challenges. They wanted to replace the Articles of Confederation, which had been America's first constitution, as it had given little power to the central government, resulting in a weak and unstable government. Alexander Hamilton, James Madison, and George Washington were among the leaders who called for a constitutional convention to reevaluate the nation's governing document.
The Federalists' arguments were persuasive, and they successfully garnered support from local leaders, bosses, and their employees. They also controlled the local media, which helped spread their message. Additionally, they were aided by the ineffective organization of their opposition, the Anti-Federalists, who opposed the Constitution due to its creation of a powerful central government and the lack of a bill of rights.
The Federalists' success in the ratification of the Constitution had a significant impact on late eighteenth-century America. It enabled the formation of a domestic economy and entrenched slavery in American life and politics. The Federalists' belief in a strong central government also set the stage for ongoing debates about the balance of power between the federal government and the states, leading to the addition of amendments to the Constitution, such as the Ninth and Tenth Amendments, to address these concerns.
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The Anti-Federalists' opposition
The Anti-Federalists were a political movement in the late 18th century 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 position of president might evolve into a monarchy. They also believed that the unitary president eerily resembled a monarch and that this resemblance would eventually produce courts of intrigue in the nation's capital.
The Anti-Federalists believed that the new Constitution consolidated too much power in the hands of Congress, at the expense of the states. They thought 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 without a Bill of Rights, the federal government would become tyrannous. These arguments created a powerful current against adopting the Constitution in each of the states. In state legislatures across the country, opponents of the Constitution railed against the extensive powers it granted the federal government.
The Anti-Federalists 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 Massachusetts, arguments between the Federalists and Anti-Federalists erupted in a physical brawl between Elbridge Gerry and Francis Dana. Sensing that Anti-Federalist sentiment would sink ratification efforts, James Madison reluctantly agreed to draft a list of rights that the new federal government could not encroach.
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. Although Patrick Henry, Melancton Smith, and others eventually came out publicly against the ratification of the Constitution, the majority of the Anti-Federalists advocated their position under pseudonyms.
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The impact on slavery
The US Constitution, which was ratified in 1787, had a significant impact on slavery in the country, although it did not abolish the practice. The Constitution's impact on slavery is a highly debated topic, with some arguing that it was a pro-slavery document, while others contend that it laid the groundwork for eventual abolition.
One of the most notable effects of the Constitution on slavery was the protection it afforded to the institution. The Three-Fifths Clause, for instance, counted three-fifths of a state's slave population when apportioning representation, giving the South, with its large slave population, extra representation in the House of Representatives. The Fugitive Slave Clause also required that escaped slaves, even in free states, be returned to their owners, and the Constitution prohibited Congress from banning the slave trade for twenty years. The Migration or Importation Clause allowed Congress to end the importation of slaves in 1808, but the slave trade clause still allowed the slave trade to continue within the country.
The Constitution's ambiguous language regarding slavery also had significant implications. While the word "slave" is notably absent from the document, the Constitution's references to “persons held to Service or Labour” and its failure to explicitly address Congress's ability to "interfere" with slavery in the states, left room for interpretation. This ambiguity contributed to the contentious nature of the slavery debate, with both pro-slavery and anti-slavery advocates finding support in different clauses of the Constitution.
The ratification of the Constitution also had political consequences related to slavery. The concessions made to the southern states to secure their support for a strong central government meant that the issue of slavery was left unresolved, planting the seeds for future conflict, as Madison recognised at the time. The stark differences between the northern and southern states regarding their bills of rights further highlighted the divide.
Despite these protections for slavery, some argue that the Constitution also contained the seeds of slavery's ultimate extinction. Abraham Lincoln, for example, contended that the Constitution put slavery "in the course of ultimate extinction." The Constitution's use of the phrase "We the People," according to Frederick Douglass, indicated its anti-slavery sentiment, as it did not specify "white people." The creation of a powerful central government also provided the means to eventually abolish slavery, as demonstrated by the passage of the 13th Amendment in 1865, which finally ended slavery in the United States.
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The Articles of Confederation
The ratification process was challenging, as some states opposed the Constitution due to concerns about centralized power and the lack of a bill of rights. The Federalists, who supported the Constitution, believed that a strong central government was necessary to face the nation's challenges. On the other hand, the Anti-Federalists, who opposed the Constitution, argued that it created a powerful central government and reminded them of the monarchy they had just overthrown. The first state to ratify the Constitution was Delaware on December 7, 1787, followed by eight other states, including Massachusetts, Maryland, and South Carolina. The Constitution became the official framework of the United States government on June 21, 1788, when New Hampshire became the ninth state to ratify it.
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The Bill of Rights
The absence of a bill of rights was a significant obstacle to the Constitution's ratification by the states. The American people, having recently freed themselves from the English monarchy, wanted strong assurances that the new government would not infringe upon their newly acquired freedoms of speech, press, and religion, as well as their right to be free from warrantless searches and seizures. This popular sentiment influenced the Constitution's framers, who heeded Thomas Jefferson's argument that a bill of rights is what the people are entitled to against any government.
James Madison, a member of the US House of Representatives, played a crucial role in the addition of the Bill of Rights. Initially, Madison opposed the idea, stating that "the government can only exert the powers specified by the Constitution." However, he later introduced a list of amendments to the Constitution on June 8, 1789, to secure its passage and address the concerns of voters. Madison's proposal included 17 amendments, which the House approved. The Senate approved 12 of these amendments, which were sent to the states for approval in August 1789.
On October 2, 1789, President Washington transmitted copies of the 12 amendments adopted by Congress to the states. By December 15, 1791, three-fourths of the states had ratified 10 of these amendments, now collectively known as the "Bill of Rights." These amendments guaranteed civil rights and liberties to individuals, such as freedom of speech, press, and religion, and set rules for due process of law. They also reserved powers not delegated to the Federal Government to the people or the states, emphasising that the listing of specific rights in the Constitution did not deny other rights retained by the people.
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Frequently asked questions
The ratification of the Constitution was necessary to establish a stronger, more centralized government in the United States, replacing the Articles of Confederation, which had limited power and was inadequate for governing a nation.
The process of ratifying the Constitution involved several key steps:
- On September 17, 1787, a majority of delegates to the Constitutional Convention approved and signed the document.
- The proposed Constitution was then presented to the states for ratification, bypassing state legislatures and instead utilizing special ratifying conventions in each state.
- The first state to ratify was Delaware on December 7, 1787, followed by eight other states, with New Hampshire becoming the ninth state to ratify on June 21, 1788.
- On June 25, 1788, Virginia became the tenth state to approve the Constitution, and celebrations ensued.
- The Constitution was not ratified by all states until May 29, 1790, when Rhode Island approved it.
The ratification process faced challenges due to opposition from Anti-Federalists, who argued that the Constitution created a powerful central government and lacked a bill of rights. The ""vote now, amend later"" strategy helped secure victory in some states, and the Massachusetts Compromise addressed concerns about protecting certain rights, leading to the addition of the Bill of Rights. Another challenge was the issue of slavery, which was temporarily resolved by allowing the slave trade to continue until 1808 and by compromising on how slaves were counted for representation in the federal government.
