HIST 386 Chapter Notes - Chapter 7: 1St United States Congress, Federalist No. 39, Establishment Clause
Ratification and the Bill of Rights
The Ratification Debate
The process of ratifying the proposed United States Constitution led to prolonged
debate between Federalists and Anti-Federalists.
LEARNING OBJECTIVES
Identify the concerns raised about ratification
KEY TAKEAWAYS
Key Points
• The fight for ratification was arduous, as many feared creating an overly
powerful centralized government that may again endanger individual rights.
• In a series of pamphlets supporting ratification, Federalists attacked the
weaknesses of the Articles of Confederation and articulated their support for the
new Constitution.
• Anti-Federalists such as Patrick Henry attacked the Constitution, suggesting it
would lead to a dangerously powerful national government, and cited the lack
of a bill of rights as a dangerous omission.
• Each state held a convention to debate, and then ratify or reject, the
Constitution. Eventually the nine necessary states ratified it, and the
Continental Congress passed a resolution on September 13, 1788, to put it into
operation.
• The Bill of Rights was then created under the Constitution, leading to North
Carolina, and finally Rhode Island, agreeing to ratify. By May 1790, all 13 states
had ratified it.
Key Terms
• Federalists: Statesmen who supported ratification of the proposed Constitution
between 1787 and 1789.
• Federalist Papers: A series of 85 articles or essays promoting ratification of
the Constitution, written by Alexander Hamilton, James Madison, and John Jay.
• Anti-Federalists: A movement that opposed the creation of a stronger federal
government and that later opposed ratification of the Constitution in 1787.
• ratification: A formal declaration of agreement to a treaty or other document.
The Process of Ratification
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On September 17, 1787, the the delegates at the Philadelphia Convention finalized
the new United States Constitution. The old Congress maintained the powers to
expedite or block its ratification. Benjamin Franklin gave a speech shortly after the
Constitution had been completed, urging unanimity among all states. However, the
Convention had decided that only nine states—two-thirds of the total number of
states—would need to ratify the Constitution in order to inaugurate the new
government. More populous states, such as Virginia, New York, and Massachusetts,
would be critical to this process.
On September 28, 1787, after some debate, Congress unanimously decided to
submit the Constitution to the states for action. The need for only nine states was a
controversial decision at the time, as the Articles of Confederation could only be
amended through a unanimous vote of all states. The fight for ratification was
arduous, largely because special conventions were required in lieu of hearings within
the state legislatures for ratification. Many state governments were also interested in
retaining their powers and were resistant to ratifying a new, stronger, centralized
government.
Federalists and Anti-Federalists
Two parties soon developed: Federalists in support of the Constitution and Anti-
Federalists opposed. The Constitution was debated, criticized, and expounded
clause-by-clause.
Alexander Hamilton, James Madison, and John Jay wrote a series of essays
popularly referred to as The Federalist Papers, which supported ratification and
attacked the weaknesses of the Articles of Confederation. The men acknowledged
that the Constitution was not perfect, but argued it was far superior to any other
proposal made. The essays explored the proposed Constitution, defended its
provisions, and outlined the ways in which its check and balances would prevent
abuses of power. The Federalists defended the weakest points of the Constitution
(such as its current lack of a bill of individual rights) by suggesting that current
protections were sufficient and that Congress could always propose amendments
later.
However, Anti-Federalists such as Patrick Henry attacked the Constitution,
suggesting it would lead to a dangerously powerful national government. They cited
the lack of a bill of rights as a dangerous omission. Many were concerned that the
strong national government was a threat to individual rights and that the President
would ultimately become like a king. They also objected to the federal court system
proposed in the Constitution.
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Patrick Henry: Patrick Henry, from Virginia, was an American Revolutionary War hero and prominent Anti-
Federalist.
State-by-State Ratification
Each state was to hold a convention to debate, and ratify or reject, the Constitution.
The Constitution was proposed in September 1787, and by year’s end states that
were in favor (including Delaware, Pennsylvania, New Jersey, Georgia, and
Connecticut) had quickly ratified it. However, some vitally important states did not
ratify within the year; these included Massachusetts, New York, and Virginia.
Massachusetts finally ratified it by a close margin of 187 to 168. Maryland and South
Carolina also ratified, and then New Hampshire provided the all-important ninth
ratification.
The United States was now technically under the jurisdiction of the new Constitution,
but the economically dominant state of New York and the populous state of Virginia,
among others, had still not ratified it. In New York, fully two-thirds of the convention
delegates were initially opposed to the Constitution. Hamilton galvanized the
Federalists’ campaign, and on July 26, 1788, New York ratified by a close margin
with the recommendation that a bill of rights be added. The Federalists succeeded
owing largely to Hamilton’s efforts to reach a number of key compromises with
moderate Anti-Federalists.
Organizing the New Government
The process of organizing the government began soon after Virginia and New York’s
ratification. The Continental Congress–which still functioned at irregular intervals–
passed a resolution on September 13, 1788, to promulgate the new Constitution and
set New York City as the seat of the new government. It set January 7, 1789, as the
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