Ratification of the Constitution

“Initially, ratification of the Constitution was highly unlikely, and only after a fierce debate did a combination of factors bring about its adoption by the 13 states.”

Assess the validity of this statement with reference to the roles and influences of Anti-Federalists and compromise on the Bill of Rights.

Thesis; The statement that “…” is primarily valid due the disunity with the antifederalist and federalist debate

Introduction

· Process of making the Constitution

o Continental Congress 1776

§ Colonies to draft new constitution.

§ Asking for colonies to summon themselves into being new states

§ Massachusetts sets an example.

· Called for special convention and then sunmitted final draft to people for ratification.

· Changes only to be through specially called constitutional convention.

o New state constitutions were very similar.

§ Defined powers of government

§ Authority from people.

§ Annual election of legislators, most.

§ Weak executive and judicial branches.

o 13 sovereign states basically alike in government structure and functioned under similar constitutions

o Second Continental Congress.

§ Asserted some conrol over military affairs and foreign policy.

§ But 13 states were sovereign and they coined money, raised armies and navies, and erected tariff barriers.

§ Appointed committee for Articles of Confederation

· Failed, too weak.

o Rise of the federalists:

§ Shays’ Rebellion

§ Trade wars

§ Mobocracy.

· Process towards the Convention

o Annapolis Convention (no unity)

o Constitutional Convention (Philadelphia)

§ Sole and express purpose of revising.

o Immediate disunity – Rhode Island independent minded, stronghold of paper moneyites, did not send delegates until last minute.

· The representatives:

o Did not represent the ‘common man’

o 55 delegates, WASPS, propertied men.

o Held in secret

· Process

o George Washington unanimously elected chairman.

o Bejamin Franklin, Madison (Father of Constitution), Alexander Hamilton (Federalist).

o Most fiery leaders absent – Thomas Jefferson, John Adams, Thomas Paine, Samuel Adams, John Hancock, Patrick Henry not there.

· Conflicts > All of these represented sectional/inter-state conflicts due to what they each want the Constitution to say.

o Representation: Great Compromise

§ Had large state plan (Virginia plan) and small state plan (New Jersey Plan)

§ Large state = bicameral all based on population. Small state = unicameral, equal representation.

§ Resulted in House of Rep and Senate, each given their specific powers.

§ Made the Constitution ratification more likely.

o Powers: Est. of executive branch.

§ Strong independent executive branch in presidency.

· Inspired by effective governor suppression of Shays’ Rebellion.

§ Clashes with the anti-federalists = more debate over Constitution ratification.

§ Reduced powers of “mobocracy”

· Electoral College

§ Debate over the power eventually decided:

· Veto Congress legislation.

· Limit to four years, but no limit to number of terms.

o Slave powers: 3/5 Compromise

§ Compromise 3/5^th of a person for slave trade to end at 1808.

§ Result: eased sectional jealousy in the House.

o Conservatism

§ Constitutional Convention delegates generally favored stronger government w/ 3 branches of check and balances.

§ Federal judges appointed for life, senators indirectly chosen.

· Only House of Reps directly elected then.

o Trade

§ Northern states wanted central government to regulate interstate commerce and foreign trade.

§ South feared that export taxes would have to be placed on its agricultural products such as tobacco and rice.

§ The Commercial Compromise allowed Congress to regulate commerce and place tariffs on foreign imports, but prohibited taxes on any imports.

Anti-Federalists

Anti-federalists bad the initial ratification of the Constitution very unlikely as they intensified the anti-federalist and federalist debate over the central government and delayed the ratification by the 13 states

· Wanted weak government

o Believed that single branch of government – the legislature would be able to govern while federalists believed that three branches, exec, judiciary and legislature required.

o Ratification fiercely debated for almost a year from Sept. 1787 to June 1788.

o Federalists – Atlantic seaboard and Antifederalists – western frontier.

· Already Constitutional Convention delegates said that only nine states’ ratification required for Constitution to be supreme law of land in those states.

· Leaders of antifeds – Samuel Adams, Patrick Henry, Richard Henry Lee.

o States’ righters, westerners, farmers, poorer classes.

o Also consisted of paper-moneyites and debtors.

o Patrick Henry refused to have any growth of government at home and refused to go to the convention.

· Against Federalists – Washington, Benjamin Franklin

o Wealthier, more educated, better organized.

o Controlled press - Federalist Papers

· FIERCE DEBATE >> Reflected in four states that hesitated to ratify

o Virginia fierce antifederalist opposition.

§ Patrick Henry professed to see in the Constitution the “death warrant of liberty”.

§ Antifederalist opposition behind Patrick Henry and George Mason.

§ After debate in state convention, narrowly ratified 89 to 79

· Prevailed only after promising a bill of rights.

o New York

§ Hamilton Federalist went along with John Jay and James Madison to penning the Federalist Papers

· Most influential is federalist No. 10 which declared it possible to extend a republican form of government over large territory.

§ Realized that it could not prosper apart from the Union

§ Close count of 30 to 27

§ Still issued a call for another convention to modify Constitution.

o Dissenting states North Carolina and Rhode Island

§ Did not summon ratifying convention, rejected Constitution.

§ Were very individualist

§ Only accepted after new government in operation for some months.

Compromise on the Bill of Rights

o Argument over the bill of rights (further strengthened the fierce debate)

o Antifederalists objected to the “gilded trap”, the Constitution.

§ Elements of no democracy

· 55 delegates propertied men, neglected the common man

· All done in secrecy and without telling the people.

§ Charged that freedom of individual challenged because of absence over bill of rights.

o Later federalists gave assurance that first Congress would add safeguard by amendment, would add bill of rights

o Lots of compromises worked into it.

o Fierce debate reflected in rough path towards ratification.

§ Four small states quickly accepted it.

§ Massachusetts second most populous state

· First contained antifederalist majority.

· Only after promising addition of bill of rights was ratification secured in narrow margin 187 to 168.

§ New Hampshire first contained strong antifederalist majority as well, but federalists won over enough waverers to secure ratification after addition of bill of rights.

· Made the ratification of Constitution more likely after the compromise on the Bill of Rights.