Adopting The Constitution: The 13 Colonies' Journey

The 13 colonies adopted the Constitution in 1789, after it was signed in 1787. The Constitution is often regarded as the foundational document of American law, but it was not the inaugural form of governance in the United States. The Articles of Confederation, adopted in 1777, served as the first constitution. However, the Articles gave the Confederation Congress little power, and the country was on the brink of economic collapse by 1787. A convention was held in Philadelphia in May 1787 to revise the Articles, and the new Constitution was signed in the same year. The Constitution required ratification by nine of the original 13 states before it could take effect. New Hampshire became the pivotal ninth state to ratify the Constitution on June 21, 1788. The new government took over on March 4, 1789, and George Washington was inaugurated as the first President.

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The Articles of Confederation

The Articles gave the Confederation Congress the power to make rules and request funds from the states, but it lacked enforcement powers and couldn't regulate commerce, print money, or effectively resolve disputes between states over territory, war pensions, taxation, and trade. This lack of power and resources led to concerns that the young nation was on the brink of collapse.

In response to these concerns, Alexander Hamilton proposed a conference to revise the Articles of Confederation. Congress agreed, and in May 1787, the Constitutional Convention assembled in Philadelphia with representatives from all 13 states. After three months of highly charged debate, the delegates decided to completely redesign the government, creating a strong national government with power divided among three branches and between the federal government and state governments.

The new Constitution was ratified by 11 states on September 13, 1788, and the new government took over on March 4, 1789. Rhode Island was the last of the original 13 colonies to adopt the Constitution on May 29, 1790, after the federal government threatened to cut off trade with the state.

Ratification by 9 of 13 states

The founding fathers set the terms for ratifying the Constitution, bypassing the state legislatures and calling for special ratifying conventions in each state. For the new government to be enacted, ratification by nine of the thirteen states was required.

The Constitution was debated, criticised, and expounded clause by clause, and the ratification campaign was a close call. The Federalists, who believed in the necessity of a strong central government, faced opposition from the Anti-Federalists, who had just overthrown a similar government and wanted a bill of rights included.

On June 21, 1788, New Hampshire became the ninth state to ratify the Constitution, with the new government taking over on March 4, 1789. Later that year, Virginia and New York also ratified the Constitution. North Carolina agreed to ratification after the First Congress of the United States adopted the ten constitutional amendments, now known as the Bill of Rights.

Rhode Island refused to ratify the Constitution for several years, disagreeing with the idea of the federal government controlling the nation's currency and the Convention's compromise on slavery. However, when the federal government threatened to cut off trade, Rhode Island narrowly voted to ratify on May 29, 1790, becoming the last of the original 13 colonies to adopt the Constitution.

The U.S. Constitution is now the oldest operating constitution globally, serving as the foundational bedrock of American law.

Anti-Federalists opposed it

The 13 colonies adopted the Constitution in 1788, with the ninth state, New Hampshire, ratifying it on June 21, 1788. Later that year, Virginia and New York also ratified the Constitution. However, Anti-Federalists opposed its ratification, and Rhode Island refused to ratify it for several years. So, what were the reasons for this opposition?

The Anti-Federalists' opposition to the ratification of the 1787 U.S. Constitution was driven by their fear of a powerful national government that could threaten individual liberties. They favored strong state governments, a weak central government, direct elections of officials, short term limits, and accountability to popular majorities. Their ranks included small farmers, landowners, shopkeepers, and laborers.

The Anti-Federalists' opposition was a powerful force in the creation of the Bill of Rights, which was adopted to protect Americans' civil liberties. They believed that the Constitution, without a bill of rights, could lead to tyrannical rule. Their concerns about the concentration of power in the national government influenced the adoption of the First Amendment and other amendments constituting the Bill of Rights.

Anti-Federalists, including influential writers like "Brutus" (likely Robert Yates) and Mercy Otis Warren, argued for a different vision of America, rooted in powerful states. They wanted to maintain the status quo of the Articles of Confederation, which established a "league of friendship" between 13 independent sovereign states. However, the Federalists framed the debate as a choice between the new Constitution and the flawed Articles, which had failed to address the nation's economic woes.

While the Anti-Federalists faced an uphill battle, they almost won. Their opposition resulted in a compromise that led to the adoption of the Constitution, but political divisions persisted into the presidency of George Washington, with disputes over fiscal policy in 1792. The Anti-Federalists' legacy is seen in their efforts to safeguard states' rights and individual freedoms, shaping the early political landscape of the United States.

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The Federalist Papers

The Constitution was eventually ratified by nine of the original 13 states, including New Hampshire, Virginia, and New York, and it took effect on March 4, 1789, with George Washington being inaugurated as the first President of the United States. Rhode Island was the last of the original 13 colonies to adopt the Constitution, doing so on May 29, 1790, after the federal government threatened to cut off trade with the state.

The US Constitution today

The US Constitution, which came into effect in 1789, is the oldest operating constitution in the world. It is considered the foundational text of American law, delineating the framework of the federal government. The Constitution's first three articles embody the doctrine of the separation of powers, dividing the federal government into three branches: the legislative, consisting of the bicameral Congress (Article I); the executive, consisting of the President and subordinate officers (Article II); and the judicial, consisting of the Supreme Court and other federal courts (Article III).

Articles IV, V, and VI embody concepts of federalism, describing the rights and responsibilities of state governments, the relationship between the states and the federal government, and the shared process of constitutional amendment. Article VII establishes the procedure used by the 13 states to ratify the Constitution.

The Constitution has been amended 27 times since its inception, beginning with the Bill of Rights, which comprises the first 10 amendments. The most recent amendment was made in 1992, concerning Congressional pay rises. The two-step amendment process involves proposals being adopted and ratified before they can change the Constitution. Amendments can be proposed by two-thirds of both houses of Congress or by a national convention requested by two-thirds of state legislatures. Ratification requires the approval of three-fourths of the states, either through the consent of state legislatures or state ratifying conventions.

The US Constitution guarantees relatively few rights compared to the constitutions of other countries, and it is one of the few that still features the right to keep and bear arms. It has been described as the most difficult constitution in the world to amend, which may explain why the US retains many undemocratic institutions.

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