The Constitution's Ratification: America's Founding Moment

The U.S. Constitution was ratified on June 21, 1788, when New Hampshire became the ninth state to approve it. This followed a contentious Constitutional Convention and a months-long ratification process, during which time copies of the Constitution were widely distributed to the public. The document, which was signed on September 17, 1787, was first ratified by Delaware on December 7, 1787, followed by Pennsylvania, New Jersey, Georgia, Connecticut, Massachusetts, Maryland, and South Carolina. The ratification of the Constitution was celebrated by President George Washington, who designated November 26, 1789, as the first national day of Thanksgiving.

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The ratification process

The US Constitution was ratified on June 21, 1788, when New Hampshire became the ninth of 13 states to ratify it. The journey to ratification was long and arduous, with a contentious Constitutional Convention and a months-long ratification process.

The Articles of Confederation, which governed the country prior to the ratification of the Constitution, was tailored to a newly formed nation of states acting more like independent, sovereign countries. It became clear to some of America's leaders that future stability required a stronger, more centralized government. New York's Alexander Hamilton led the call for a constitutional convention to reevaluate the nation's governing document. The Confederation Congress endorsed his initiative, and representatives from all 13 states were invited to convene in Philadelphia on May 25, 1787, to participate in the Convention.

The delegates wrote the Constitution during a four-month Constitutional Convention held in Philadelphia, PA. After signing the Constitution on September 17, 1787, they sent it to the states for ratification. Nine of 13 states were required to ratify the Constitution before it would be accepted as the nation's founding document.

The first state to ratify the Constitution was Delaware on December 7, 1787, followed by Pennsylvania, New Jersey, Georgia, and Connecticut. Some states opposed the Constitution on the grounds that it did not provide protection for rights such as freedom of speech, religion, and the press. However, the terms of the Massachusetts Compromise reached in February 1788 stipulated that amendments to that effect—what became the Bill of Rights—would be immediately proposed.

The Constitution was subsequently ratified by Massachusetts, Maryland, and South Carolina, before New Hampshire cast the deciding vote on June 21, 1788.

The Bill of Rights

The ratification of the US Constitution in 1788 was a long and arduous process. The country was previously governed by the Articles of Confederation, which was tailored to a newly formed nation made of states acting more like independent, sovereign countries. However, it became clear to America's leaders that future stability required a stronger, more centralised government.

The Constitution was written in Philadelphia, Pennsylvania, in the summer of 1787 by delegates from 12 states. It was sent to the states for ratification on September 17, 1787. Delaware was the first state to ratify the Constitution on December 7, 1787, followed by Pennsylvania, New Jersey, Georgia, and Connecticut. On June 21, 1788, New Hampshire became the ninth and final state needed to ratify the Constitution, which then became the official framework of the government of the United States.

The amendments were initially proposed by James Madison, then a member of the US House of Representatives, who altered the Constitution's text where he thought appropriate. However, several representatives objected, saying that Congress had no authority to change the Constitution's wording. Therefore, Madison's changes were presented as a list of amendments that would follow Article VII. The House approved 17 amendments, of which the Senate approved 12, which were sent to the states for approval in August 1789. Ten of these amendments were ratified by three-fourths of the state legislatures on December 15, 1791, and constitute the Bill of Rights.

The concepts codified in these amendments are built upon those in earlier documents, especially the Virginia Declaration of Rights (1776), the Northwest Ordinance (1787), the English Bill of Rights (1689), and the Magna Carta (1215).

Federalist vs Anti-Federalist

The ratification of the US Constitution in 1788 was a contentious affair, with Federalists and Anti-Federalists engaging in fierce debates and, occasionally, violent clashes. The Federalists, supporters of the Constitution, believed that a stronger national government was necessary after the failed Articles of Confederation, and that the document had many built-in safeguards to prevent the potential for tyranny. On the other hand, the Anti-Federalists, who opposed ratification, argued that the Constitution gave too much power to the federal government at the expense of states' rights and individual liberties. They demanded a bill of rights to protect these liberties, which the Federalists initially rejected.

The Federalist Papers, a collection of 85 essays written by Alexander Hamilton, James Madison, and John Jay, was a powerful tool in the Federalists' campaign. The Anti-Federalists, including prominent figures like Patrick Henry, Melancton Smith, and Richard Henry Lee, published their own series of articles and gave speeches against ratification, known collectively as The Anti-Federalist Papers.

The debates took place across the country, in towns and villages, homes, and taverns. Both sides held meetings and marches to gain support, which sometimes resulted in violence. In July 1788, a brawl broke out in Albany, New York, between Federalists and Anti-Federalists, with both sides fighting "with the greatest rage and determined obstinacy".

Despite the strong opposition, the Federalists ultimately prevailed, and the Constitution was ratified in 1788, going into effect in 1789. However, the Anti-Federalists' efforts were not in vain. James Madison, who had initially argued against the necessity of a bill of rights, introduced 12 amendments during the First Congress in 1789. Ten of these amendments were ratified by the states and took effect in 1791, becoming the Bill of Rights, which has since become the most important part of the Constitution for most Americans.

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The Articles of Confederation

A central and guiding principle of the Articles was the establishment and preservation of the independence and sovereignty of the original 13 states. The Articles established a weak confederal government, only affording it those powers that the former colonies recognised as belonging to the British Crown and Parliament during the colonial era. Each state retained "every Power... which is not by this confederation expressly delegated to the United States". The Articles also outlined a Congress with representation not based on population – each state held one vote.

In May 1787, the Constitutional Convention assembled in Philadelphia to revise the Articles of Confederation. The Articles continued to govern the United States until the new Constitution was ratified in 1788. On June 21, 1788, New Hampshire became the ninth of 13 states to ratify the Constitution, thus establishing it as the new framework of governance.

The process of ratification was long and arduous. Two factions emerged: the Federalists, who supported the Constitution, and the Anti-Federalists, who opposed it. The former group included Alexander Hamilton, who led the call for a constitutional convention, and John Jay, a co-author of The Federalist Papers, which supported ratification. The latter group included leaders in key states such as Virginia, New York, and Massachusetts, who expressed concerns over the lack of protection for individual liberties.

The terms of the Massachusetts Compromise, reached in February 1788, stipulated that amendments would be proposed to address these concerns—these became the Bill of Rights. The Constitution was not ratified by all states until May 29, 1790, when Rhode Island approved the document, and the Bill of Rights was not ratified until the end of the following year.

The Constitutional Convention

Alexander Hamilton of New York led the call for a constitutional convention, and the Confederation Congress endorsed his initiative. Delegates from all 13 states were invited to participate, and George Washington of Virginia, a proponent of a stronger national government, was elected as the convention's president. The convention was marked by debate and compromise, with slavery and state powers being particularly contentious issues. James Madison of Virginia played a key role, having studied historical republics and confederacies and drafted a document titled "Vices of the Political System of the United States," which offered solutions to the country's problems.

The convention ultimately produced a new framework of government rather than revisions to the existing one. The delegates created a model of government that divided federal authority between the legislative, judicial, and executive branches, establishing a system of checks and balances. The final version of the Constitution was voted on, signed by 39 of 55 delegates, and sent to the states for ratification.

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