| Ratification of the Constitution (1786-1790) |
|
Sections:- Starting the Process: The Annapolis Convention (1786)
- Address from the Confederation Congress (1786)
- From James Madison’s Notes on the Constitutional Convention (1787)
- Signing the Constitution
- The Ratification Fight: Antifederalists
- The Ratification Fight: Federalists
- Ratification Success
- James Madison on the Bill of Rights
|
| Historical Context
Unhappy with the impotence of the federal government under the Articles of Confederation, many Americans began contemplating radical changes in the nature and scope of the government. Thus, although the Annapolis Convention was organized in 1786 primarily to address issues related to commerce, individuals such as James Madison and Alexander Hamilton, used the meeting as a platform for advocating a new form of government for the United States.
Attached Documents
Attached is a statement released by the Annapolis delegates arguing for such a change and suggesting a gathering that would become the Constitutional Convention.
The first image is a portrait of James Madison.
The second image is a portrait of Alexander Hamilton.
Questions to Consider
1) What were some of the main complaints about the Articles?
|
| | | | | Citations: | |
|
| Attached Documents
This excerpt from an address released immediately following the Annapolis Convention identifies the failures of the Articles of Confederation in a variety of areas, which subsequently threatened the welfare of the public and risked the safety of the nation. Outlining the significant procedural deficiencies of the system, the inadequacies of the Articles of Confederation are said to have unleashed catastrophic consequences on the balance of trade, the promise of navigation, the legitimacy of the nation, and the protection of its borders. The risk is identified as calamitous threatening the very existence of a general union.
Questions to Consider
1) How does the author characterize the effects of the Articles? What is his reasoning behind this characterization?
2) What are the causes of the budget crisis laid out in this document?
3) What is the main purpose of raising the needed money? Do we still have these concerns today?
4) According to this document, who should be blamed for any future calamity? |
| | | Citations: | |
|
| Historical Context
Following the Annapolis Convention and harsh criticism from a variety of individuals regarding the Articles of Confederation, delegates from 12 of the 13 states convened in Philadelphia "for the sole purpose of revising the articles of Confederation and reporting to Congress" potential changes. The convention delegates decided almost immediately to scrap the Articles entirely.
Attached Documents
The document below includes an excerpt from James Madison's notes on one of the many debates regarding the adoption of a new constitution. In the process of considering William Patterson’s national plan, the Articles of Confederation are attacked from various angles and criticized by a number of prominent statesmen. Including problems arising from the fissures of state competition, the quandary of Indian interaction, the crisis threatening internal tranquility (i.e. Shay’s Rebellion), the disaster infecting foreign relations and the capacity for effective responses to external threats, the problems of the Confederacy are extensively diagnosed and examined.
Questions to Consider
1) According to the document, what was the purpose of the convention?
2) What do you think was meant by the phrase, "the evils felt by the states?"
3) What are some of the key issues discussed in this document in regards to voting? National versus state government?
|
| | | Citations: | |
|
| Historical Context
After several months of debate, drafting, and revision, the Constitutional Convention sent the final version of the document forward for ratification.
Attached Documents
Below is a famous picture by artist Howard Chandler Christy, painted in the 1930s, depicting the signing of the Constitution.
Also below is the letter sent by the Constitutional Convention to the Confederation Congress indicating their support of the proposed Constitution.
Questions to Consider
1) What was one of the problems which the convention faced in regards to states' rights?
2) What sort of compromise was necessary in order to complete the Constitution in a form acceptable to all? |
| | | | Citations: | |
|
| Historical Context
Armed with historical references to tyrannical governments, opponents of the Constitution became known as Antifederalists.
Attached Documents
In this attachment, prominent New York Antifederalist Robert Yates, writing under the pseudonym of “Brutus,” argues that the proposed Constitution will threaten the liberty of all Americans by granting unlimited power to the federal government. Most importantly, Brutus makes the argument that the rights and freedoms of people are better served in small rather than large republics.
Questions to Consider
1) What is Brutus' main concern with the formation of a federal government? What parts of the Constitution does he cite to support his case?
2) What does he argue is the superior from of government?
3) What does he fear will happen to the states if the Constitution is ratified?
4) If you were a US citizen in 1787, and did not know how the federal government would develop as it has today, would you be convinced by Brutus' arguments? Why or why not? |
| | | Citations: | |
|
| Historical Context
Rapidly gaining support because of strong, articulate tracts such as the Federalist Papers, the Federalists were able to convincing responses to the concerns of the Antifederalists.
Attached Documents
These two attachments include the most famous Federalist Papers--numbers 10 and 51. Contrary to Brutus' claims, Federalist 10 outlines the benefit of a large republic in securing liberty of people by preventing dangerous factions from gaining undue influence.
Federalist 51 discusses the practical application of the separation of power theory, suggesting constitutional provisions governing the balancing mechanisms of the internal structure is the best methodology for preventing the encroachments of one branch upon the powers and rights of another. The administration of constitutional checks is regarded as essential to the preservation of liberty and a necessary security mechanism against the infiltration of governmental tyranny.
Questions to Consider
1) In the Federalist No.10 what does Madison list as the dangers of factionalization? How does he describe the current situation in the attempt to form a constitution?
2) What are the options, according to Madison, to eliminate factionalization? How does he feel about these choices?
3) How does Madison define "democracy" and "republic"? How does this compare to the modern definition of the terms? Which does he claim is the favorable choice?
4) What does Madison say are the dangers inherent in a republic? How does he suggest limiting these dangers?
5)In the Federalist No.51, what does the author say about the ability of members of one branch of government to appoint members to another branch? How does he suggest members be appointed? How does this compare to how appointments are handled today?
6) According to the author, what is, out of necessity, the most important, and therefore most powerful branch of the government? How does he suggest limiting this power?
|
| | | | Citations: | |
|
| Historical Context
Following the Constitutional Convention in Philadelphia, the Federalists engineered a ratification calendar which scheduled votes in states considered likely to support the proposed constitution first. As a result, the constitution was ratified by lopsided margins in many of the first states to vote and thereby gained momentum. On 21 June 1788, New Hampshire became the ninth state to ratify the Constitution which, under Article VII, was the threshold for enactment. Despite this, the Constitution had not yet been ratified in Virginia and New York, the largest states in the union, where failure would have doomed the proposal regardless of acceptance elsewhere. On 26 June 1788, after a fierce political battle, the ratifying convention in Virginia ratified the Constitution by a bare 10 vote margin. Similarly, on 26 July 1788 the Constitution was ratified in New York by 3 votes. On 29 May 1790, the Constitution was ratified in Rhode Island, which stood to lose a great deal of power, by 2 votes. Ratification was now unanimous.
Attached Documents
The first image is a map showing the geographic distribution of Federalists and Anti-Federalists in the country.
The second image shows the vote totals from the state ratifying conventions.
Questions to Consider
1. The Articles of Confederation stated that no change could be made to the national system of government without unanimous consent from the states. Under these terms, should the Constitution have been regarded as a legitimate legal document when only ratified by nine states?
|
| | |
|
| Historical Context
Although not technically part of the main body of the Constitution, the Bill of Rights was the result of the insistence by Antifederalists for a stronger guarantee of rights in the new government.
Attached Documents
Attached is an excerpt from a speech by James Madison during a meeting of the 1st Congress clearly illustrates his reasons for supporting a Bill of Rights. Madison was concerned that, among other things, the Constitution had been ratified under the assumption that a statement of rights would be added immediately after the formation of the new government. Here Madison stresses that a Bill of Rights, even if it accomplishes nothing substantive, will prove to those who opposed the Constitution that the new government was responsive to any potential erosion of liberty. |
| | | Citations: | |
|
| Back To Module List Back to Sections |
