Origins of American Govt
The Federalist Debate: Ratifying the Constitution
Ratifying the Constitution The transition from the Articles of Confederation to the United States Constitution wasn't a seamless one, and fixing the problems & weaknesses of the Articles of Confederation required a series of lengthy debates both during and after the convention. But one thing was certain, something had to be changed. Fifty-five Delegates met at the Constitutional Convention of 1787 in Philadelphia, Pennsylvania to determine how best to adjust the existing document.
These weaknesses of the Articles of Confederation introduced a great deal of interstate conflict, something that delegates, through the drafting of the Constitution, tried their best to solve. However, under the Articles, when the Founding Fathers signed the Constitution on September 17, 1787 (‘Constitution Day’), it needed the ratification from nine states before it could go into effect.
Accomplishing this was not easy. And the push for ratification brought on a seemingly endless barrage of documents, articles, and pamphlets both supporting and opposing it.
* * Transmitted to the Confederation Congress, the newly created Constitution was forwarded to the states by Congress recommending the ratification process outlined in the Constitution. Each STATE LEGISLATURE was to call elections for a CONVENTION to ratify the Constitution.
Then followed a laborious process of ratification of the Constitution by specially constituted conventions. The need for only nine states was a controversial decision at the time, since the Articles of Confederation could only be amended by unanimous vote of all the states.
From Delaware in December 1787 until New York in July 1788 (with New Hampshire being the ninth in June 1788), eleven states ratified the proposed Constitution initially, and all thirteen unanimously did so within a year.
The Confederation Congress certified eleven states' beginning the new government, and called the states to hold elections to begin operation. It then dissolved itself on March 4, 1789, the day the first session of the First Congress began. George Washington was inaugurated as President two months later (the first POTUS election was held in November 1788).
* * It was within the power of the old congress to expedite or block the ratification of the new Constitution. The document that the Philadelphia Convention presented was technically only a revision of the Articles of Confederation. But, the last article of the new Constitution provided that when ratified by conventions in nine states (or 2/3 at the time), it should go into effect among the States so acting.
The Great Debate There were two sides to the Great Debate: the Federalists and the Anti-Federalists. Simply put, the Federalists wanted to ratify the Constitution and the Anti-Federalists did not. One of the major issues these two parties debated concerned the inclusion of the BILL OF RIGHTS (a specific listing of freedoms & protections to be had).
* * The Federalists felt that this addition wasn't necessary, because they believed that the Constitution as it stood only limited the government and not the people. The idea of adding a Bill of Rights to the Constitution was originally controversial because the Constitution, as written, did not specifically enumerate or protect the rights of the people, rather it listed the powers of the government and left all that remained to the states and the people.
Alexander Hamilton, the author of Federalist No. 84, feared that such an enumeration, once written down explicitly, could later be interpreted as a list of the only rights that people had.
Alternatively, the Anti-Federalists claimed the Constitution gave the central government too much power, and without a specific list of guaranteed liberties and freedoms – a Bill of Rights – the people would be at risk of oppression at the hands of a tyrannical government.
The Federalists Led by Alexander Hamilton, albeit secretly at first, the Federalists would become the first political party of the United States. They supported the ratification of the Constitution as is, and – in a series of articles and commentaries – attempted to convince the States to ratify the document. Generally, supporters of the Federalists throughout the United States included large land-owning farmers, wealthy business owners and artisans.
Federalists favored a strong central government and believed that a strong central government was necessary if the states were going to band together to form a nation. From past experiences, Federalists felt that a strong central government was necessary to control uncooperative individual states while more effectively protecting the liberties and right of the people.
Both Hamilton and James Madison argued that the Constitution didn't need a Bill of Rights, that it would create a “parchment barrier” that limited the rights of the people, as opposed to protecting them. However, they eventually made the concession and announced a willingness to take up the matter of the series of amendments which would become the Bill of Rights. Without this compromise, the Constitution may never have been ratified by the States.
* * From October 1787 until August 1788, Hamilton, along with John Jay and Madison, anonymously published a series of 85 essays in support of these ideas known as the FEDERALIST PAPERS. Surprisingly enough, it was Federalist James Madison who eventually presented the Bill of Rights to Congress despite his former stance on the issue.
The Anti-Federalists One faction in the Great Debate, the Anti-Federalists, opposed the ratification of the Constitution because they thought stronger government threatened the sovereignty of the states.
* * Anti-federalists were in favor of a smaller central government because they feared that a strong central government would overpower state governments, and eventually state governments would lose their independence and influence over their own public affairs. As opposed to a central government, they believed that local government best understood what citizens needed and would best protect citizens’ liberties and rights.
They also didn’t like that the proposed Constitution did not guarantee citizens any specific liberties, protections or right. They feared that a central government would become so powerful it would be just like having a king. As opposed to the Federalists, the Anti-Federalists weren't exactly a united group, but instead involved many different societal elements throughout the United States. Generally, supporters of the Anti-Federalists included small farmers from rural areas and the “Common Man” – ordinary Americans who had settled in newer regions of the young country.
Although the Anti-Federalists were unsuccessful in the prevention of the adoption of the Constitution, their efforts were responsible for the creation and implementation of the Bill of Rights.
Reaction in the States In Rhode Island, resistance against the Constitution was so strong that civil war almost broke out on July 4, 1788, when anti-federalist members of the Country Party led by Judge William West marched into Providence with over 1,000 armed protesters.
Although not all of the States underwent the extreme of the Rhode Island case, many of them had a bit of difficulty deciding which side they were on. This uncertainty played a major role in the ratification convention in Massachusetts. Finally, after long debate throughout the state, a compromise (the “Massachusetts Compromise”) was reached. Massachusetts would ratify the Constitution, and in the ratifying document strongly suggest that the Constitution be amended with a bill of rights.
Four of the next five states to ratify, including New Hampshire, Virginia, and New York, included similar language in their ratification instruments. As a result, after the Constitution was enacted, Congress sent a set of twelve amendments to the states. Ten of these amendments were immediately ratified into the Bill of Rights.
Origins of American Govt
The Federalist Debate: Ratifying the Constitution Name: ______
Issue / Federalists / Anti-Federalists…on supporting a Bill of Rights?
…on Ratifying the Constitution?
Central or State Governments?
Explain the ‘movement’…
Who were the Supporters?
Directions: Read each statement. If it sounds like something a Federalist would have said to support the Constitution, write ‘F’ in the box. If it sounds like something an Anti-Federalist would have said to complain about the Constitution, write ‘A’ on the line.
1.) ______If necessary, the Constitution gives the federal government enough power to overpower & control the states.
2.) ______The Constitution does not contain a necessary Bill of Rights to protect individual liberties like freedom of speech, trial by jury, and the right against searches and seizures.
3.) ______There are no clauses in the Constitution that say that the federal government has the power to limit peoples’ freedoms throughout the country.
4.) ______The Constitution grants the federal government few powers that are very well defined.
5.) ______The President created by the Constitution is essentially just a king!
6.) ______A strong President is necessary to protect the country against foreign attack and make sure laws are carried out effectively and properly.
7.) ______The Constitution creates a Supreme Court that is too powerful because the judges don’t have to answer to anyone.
8.) ______The Constitution already contains several rights of the people, so it might as well include an entire Bill of Rights, as well.
9.) ______The Constitution forbids creating titles of nobility like “Duke” or “King,” so the government will always belong to the people.
10.) ______The United States is too large to have a central government. People won’t know their leaders and will lose control over the government.
11.) ______The Constitution is a Bill of Rights because it guarantees citizens a role in government.