Section 3: Ratification

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GOV Student Reader

As you read, think about the answers to these questions:

How did the Federalists and Antifederalists view the new Constitution?
Which states had the strongest opposition to the Constitution?
What were the first acts of the new government?

Drawing the Battle Lines

The delegates in Philadelphia knew that ratifying the new Constitution would be difficult. A group of representatives wanted to censure the convention for going beyond their instructions to revise the Articles of Confederation. The motion was defeated, however, and on September 28, Congress submitted the new document to the states for their consideration.

Procedures.

Anticipating the strong opposition to the new Constitution, the Framers set up a process that would improve its chances of ratification.

They recommended that the document be sent to state constitutional conventions for approval rather than to state legislatures.
The voters in each state would elect representatives to serve in these special conventions.
- In this way, the people would decide the fate of the Constitution instead of state officials, who had an interest in keeping power for themselves.
Article VII of the Constitution specified that only nine states were needed for ratification, which greatly improved the odds of its gaining approval.

Stop and Jot #1

Why did the Framers want state conventions (the people) to vote instead of state legislatures (officials)?

The Federalists.

As soon as the Constitutional Convention had ended, the delegates went to work to ensure the ratification of the document they had worked so hard to produce. Those who supported the Constitution became known as Federalists (because of their desire for a strong national government). They emphasized the weaknesses of the Articles of Confederation and argued that only a new government based on the proposed Constitution would have the authority to solve the new nation's problems.

Among the most active and influential of the Federalists were James Madison, Alexander Hamilton, and John Jay. They wrote a series of essays that were published in newspapers in New York City. These 85 essays, known as the Federalist Papers, answered the objections of those who opposed the Constitution—the Antifederalists.

The Antifederalists.

Opponents of the Constitution, who were known as Antifederalists, objected to the Constitution for many reasons.

The document made the national government too strong and gave the President too much power.
The indirect method of electing the President and Senate removed government too far from the people.
The ratification process was unsatisfactory.
The document lacked a bill of rights to protect citizens' individual liberties.
Small states feared that they would be dominated by large ones.

Think-Pair-Share

Of the five objections listed by the Antifederalists, which one do you think was the most serious concern for a common citizen? Why?

Ratifying the Constitution

Delaware was the first state to ratify the Constitution on December 7, 1787. Pennsylvania, New Jersey, Georgia, and Connecticut followed within several weeks. In Massachusetts, a stronghold of Antifederalist sentiment, the delegates were more evenly divided. After a heated debate, the state convention finally ratified the Constitution in February 1788, by a vote of 187 to 168. Maryland and South Carolina soon followed.

State	Date	Vote
Delaware	December 7, 1787	30–0
Pennsylvania	December 12, 1787	46–23
New Jersey	December 18, 1787	38–0
Georgia	January 2, 1788	26–0
Connecticut	January 9, 1788	128–40
Massachusetts	February 6, 1788	187–168
Maryland	April 28, 1788	63–11
South Carolina	May 23, 1788	149–73
New Hampshire	June 21, 1788	57–47
Virginia	June 25, 1788	89–79
New York	July 26, 1788	30–27

*New Hampshire was the 9th state, making the Constitution official.

In June, New Hampshire became the ninth state to approve the blueprint for a new government. Although technically the Constitution could have gone into effect at that point, Virginia and New York had not yet voted to ratify. Without the approval of these two large and important states, the new government could not hope to succeed.

Virginia and New York.

Virginia delegates James Madison and Edmund Randolph had played a crucial role in creating the Constitution. Yet among those opposed to ratification were such well-known and respected Virginia politicians as Patrick Henry, George Mason, and Richard Henry Lee. They worried that the Constitution lacked sufficient safeguards to protect the individual liberties of the people.

Although George Washington was not a delegate to the ratifying convention, his strong support for ratification proved decisive. Together with Madison, he was able to persuade several other wavering delegates. Even so, the vote for approval was close—89 to 79.

When the New York convention first assembled, fully two thirds of the delegates, led by Antifederalist Governor George Clinton, opposed the Constitution. Fortunately, Hamilton and other supporters were able to delay the convention's final vote for several weeks. News of the votes in New Hampshire and Virginia also helped the Federalist cause. On July 26, New York ratified the Constitution by the narrow margin of only three votes.

Although Rhode Island and North Carolina initially rejected the Constitution, the support of Virginia and New York guaranteed the future of the new government. The two dissenting states finally ratified—but only after the new government had begun operations.

Stop and Jot #2

How did the Federalists' strategy (the "promise") help win over states that were evenly divided, like Massachusetts?

Call for a Bill of Rights.

When Massachusetts ratified the Constitution, the state convention proposed a series of amendments that would guarantee the rights of citizens. Several other states—including Virginia, New Hampshire, and South Carolina—based their approval of the Constitution on the condition that a bill of rights be added.

Without the promise of an addition of a bill of rights, it is possible that the Federalists might have failed in their fight for ratification.

Forming a New Government

On September 13, 1788, in its last act under the Articles, the Congress of the Confederation paved the way for its successor. It chose New York City as the temporary capital and set a date in January for selecting presidential electors.

Choosing a President and Congress.

On February 4, electors voted for President and Vice President. On March 4, the new Congress met in Federal Hall on Wall Street. Because it lacked a quorum, the votes could not be counted until April 6. George Washington had been elected President and John Adams, Vice President. Three weeks later, Washington took the oath of office as the first President of the United States.

Drafting and Ratifying the Bill of Rights.

Many of the states ratified the Constitution with the understanding that a bill of rights would be added. The First Congress, consisting of 59 representatives and 26 senators, approved a series of 12 amendments in 1789. Written by James Madison, 10 of these amendments were ratified in 1791 and came to be known collectively as the Bill of Rights.

3

Section Review

1. Defining Constitutional Terms

Write a brief definition for each of the following terms.

a. ratify

b. censure

c. dissent

d. successor

2. Reviewing Social Studies Skills: Finding Evidence

To respond to the following questions, write the exact sentence from the lesson that contains the answer.

a. Why did some of the delegates want to censure the convention?

b. Which three influential Virginians were opposed to the Constitution?

c. Why did the Massachusetts ratifying convention propose that a bill of rights be added to the Constitution?

3. Reviewing the Main Ideas

Using complete sentences, answer the following questions.

a. What was the difference between the Federalists' and Antifederalists' positions on the new Constitution?

b. Why was the support of New York and Virginia so important, even after nine states had ratified the Constitution?

c. What important action did the First Congress take in 1789?

4. Critical Thinking Skills: Understanding the Constitution

Why did the promise of a bill of rights convince many delegates at state ratifying conventions to vote in favor of the Constitution?

The promise of a bill of rights was convincing because it addressed the fear that the new government would

By agreeing to add these amendments, Federalists were able to

This shows that many delegates were only willing to ratify the Constitution if

Constitutional Clash Student Reader

Constitutional Clash Student Reader

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