Who Didn't Sign The Constitution And Why?

The United States Constitution was created by delegates to the Constitutional Convention held in Philadelphia in 1787. The delegates approved the draft of the Constitution on September 15, 1787, and it was signed two days later. However, some delegates, including George Mason, Elbridge Gerry, and Edmund Randolph, refused to sign the document because they believed it did not adequately protect individual rights. The absence of a Bill of Rights, which would guarantee civil liberties such as freedom of speech, religion, and the right to a fair trial, was a significant concern for these delegates and led to broader opposition from Anti-Federalist groups.

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No protection of individual rights

Some delegates refused to sign the Constitution because they believed it did not adequately protect individual rights and liberties, which they saw as fundamental to any just and democratic government.

The absence of a bill of rights was a significant concern for many delegates. They feared that without explicit guarantees of individual freedoms, the federal government could infringe upon the rights of citizens. These delegates advocated for a clear enumeration of rights, similar to the state bills of rights

Absence of a Bill of Rights

The absence of a Bill of Rights was a significant issue that divided delegates during the Constitutional Convention. Of the 74 delegates to the convention, 19 never attended a single session, and only 39 signatures were obtained on the final document. Several delegates, including Elbridge Gerry of Massachusetts, Edmund Randolph and George Mason of Virginia, refused to sign due to concerns about the lack of a Bill of Rights.

George Mason, along with Edmund Randolph and Elbridge Gerry, was one of the most prominent delegates who refused to sign the Constitution due to the absence of a Bill of Rights. He wrote a pamphlet outlining his opposition, which persuaded many Americans to oppose the new government. Mason and his fellow dissenters believed that a Bill of Rights was necessary to protect individual liberties and ensure that the government could only exert the powers specified by the Constitution.

The absence of a Bill of Rights was not the only reason for delegates' reluctance to sign the Constitution. Some delegates, like Oliver Ellsworth and George Wythe, left the convention early for personal or business reasons but later became advocates for the Constitution. Others, such as Alexander Hamilton, felt that the Constitution was a "weak and worthless fabric" and did not support it. Additionally, the travel difficulties and health problems of the time may have contributed to the absence of some delegates during the signing.

Despite the initial opposition, the importance of a Bill of Rights was eventually recognised. James Madison, who had initially opposed the idea, introduced a list of amendments on June 8, 1789, and worked diligently to secure their passage. The House passed a joint resolution containing 17 amendments, which the Senate reduced to 12. By December 15, 1791, three-fourths of the states had ratified 10 of these amendments, now known as the Bill of Rights, as part of the Constitution.

The inclusion of the Bill of Rights addressed the concerns of those delegates who had refused to sign the Constitution due to its absence. It ensured that individual liberties and rights were enshrined in the nation's founding document, providing a framework for the protection and education of Americans' rights.

Fear of government overreach

The United States Constitution was signed on September 17, 1787, by 38 delegates, with George Reed signing on behalf of John Dickinson of Delaware, who was absent. This brought the total number of signatures to 39. The delegates were tasked with revising the existing government but ended up creating a new one. The final document contained several compromises, which some delegates believed had impaired its quality.

Some delegates to the Constitutional Convention refused to sign the Constitution because they believed it lacked a Bill of Rights and did not adequately protect individual rights and freedoms. They feared that a strong national government could infringe upon these rights, leading to government overreach. This concern was shared by other delegates and many citizens, resulting in broader opposition to the Constitution, with groups known as Anti-Federalists arguing that the Constitution gave too much power to the federal government.

Key figures like George Mason, an influential Virginian delegate who had drafted Virginia's Declaration of Rights in 1776, passionately opposed the lack of a Bill of Rights. He and others, including Elbridge Gerry and Edmund Randolph, insisted that the Constitution must include provisions to protect individual freedoms. Their demands ultimately led to the establishment of the Bill of Rights in 1791, which addressed issues related to civil liberties, such as freedom of speech, religion, and the right to a fair trial.

The absence of a Bill of Rights led to significant opposition from several states during the ratification process. States like Virginia and New York made their ratification contingent upon the promise of amendments to protect individual rights. The advocates for the new frame of government realised the difficulty of obtaining the consent of the states and sought to obtain unanimous support from the delegations from each state. Benjamin Franklin, the oldest signer of the Constitution, endorsed the Constitution despite its imperfections and proposed that it be endorsed by the delegates as individual witnesses of unanimous consent, hoping to gain the support of critics.

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State vs federal powers

The delegates of the Constitutional Convention, held in Philadelphia in 1787, were responsible for creating the United States Constitution. However, some delegates, including George Mason, Elbridge Gerry, and Edmund Randolph, refused to sign it. The primary reason for their refusal was their belief that the Constitution did not adequately protect individual rights. These delegates feared that a strong national government could infringe upon civil liberties such as freedom of speech, religion, and the right to a fair trial.

The debate over state versus federal powers was a central issue at the Convention. The delegates discussed whether the federal government should have the power to overrule state laws, with some arguing for a strong federal government and others concerned about potential oppression of citizens by that same government. Large and small states also disagreed on representation in Congress. Larger states favored representation based on population, while smaller states argued for equal representation. This dispute was resolved through the "Great Compromise," which established the House of Representatives, apportioned by population, and the Senate, which provided equal representation for each state.

The issue of slavery also divided the delegates. They debated whether to allow the new federal government to ban the importation of enslaved people from outside the United States. While some delegates, such as Washington, Madison, and Hamilton, supported a ban, they ultimately agreed to a compromise, allowing Congress to prohibit the slave trade after 20 years. This was one of the few clauses in the Constitution that could not be amended immediately and highlights the complexity of the state versus federal powers debate.

Additionally, the absence of a Bill of Rights in the original Constitution led to significant opposition from several states during the ratification process. States like Virginia and New York demanded amendments to protect individual rights before they would ratify the Constitution. As a result of these concerns, the Bill of Rights was established in 1791, ensuring the protection of individual freedoms and limiting government overreach.

Slavery

The Three-Fifths Compromise, or the "notorious three-fifths clause", as Thurgood Marshall called it, stated that three-fifths of a state's slave population would count towards representation in the House of Representatives and the Electoral College. This gave the Southern states, with their large slave populations, extra representation in Congress and more votes in the Electoral College. The delegates also agreed that the slave trade could continue for at least 20 years, until 1808. In exchange for this concession, the Southern delegates agreed to remove a clause that would have restricted the national government's power to enact laws requiring goods to be shipped on American vessels.

On August 21, 1787, a fierce debate broke out over a proposal from South Carolina to prohibit the federal government from regulating the Atlantic slave trade. Luther Martin of Maryland, a slaveholder, argued that the slave trade should be subject to federal regulation, as the nation as a whole would be responsible for suppressing slave revolts. He also believed that the slave trade was inconsistent with America's republican ideals and the principles of the Revolution.

The word "slavery" does not appear in the Constitution, as the framers consciously avoided using it. However, the issue of slavery was so divisive that it threatened to derail the Union. The delegates eventually agreed to compromises that allowed the Constitution to be signed, but the question of slavery remained a highly controversial aspect of American society and politics, and it would continue to be a source of tension and conflict for decades to come.

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