“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 3/5th 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.
