2.8 Ratification

The convention voted to send its proposed Constitution to Congress, which was then sitting in New York, with a cover letter from George Washington. The plan for adopting the new Constitution, however, required approval from special state ratification conventions, not just Congress. During the ratification process, critics of the Constitution organized to persuade voters in the different states to oppose it.

Importantly, the Constitutional Convention had voted down a proposal from Virginia’s George Mason, the author of Virginia’s state Declaration of Rights, for a national bill of rights. This omission became a rallying point for opponents of the document. Many of these Anti-Federalists argued that without such a guarantee of specific rights, American citizens risked losing their personal liberty to the powerful federal government. The pro-ratification Federalists, on the other hand, argued that including a bill of rights was not only redundant but dangerous; it could limit future citizens from adding new rights.¹

Citizens debated the merits of the Constitution in newspaper articles, letters, sermons, and coffeehouse quarrels across America. Some of the most famous, and most important, arguments came from Alexander Hamilton, John Jay, and James Madison in the Federalist Papers, which were published in various New York newspapers in 1787 and 1788.²  The first crucial vote came at the beginning of 1788 in Massachusetts. At first, the Anti-Federalists at the Massachusetts ratifying convention probably had the upper hand, but after weeks of debate, enough delegates changed their votes to narrowly approve the Constitution. But they also approved a number of proposed amendments, which were to be submitted to the first Congress. This pattern—ratifying the Constitution but attaching proposed amendments—was followed by other state conventions.

The most high-profile convention was held in Richmond, Virginia, in June 1788, when Federalists like James Madison, Edmund Randolph, and John Marshall squared off against equally influential Anti-Federalists like Patrick Henry and George Mason. Virginia was America’s most populous state, it had produced some of the country’s highest-profile leaders, and the success of the new government rested upon its cooperation. After nearly a month of debate, Virginia voted 89 to 79 in favor of ratification.³

On July 2, 1788, Congress announced that a majority of states had ratified the Constitution and that the document was now in effect. Yet this did not mean the debates were over. North Carolina, New York, and Rhode Island had not completed their ratification conventions, and Anti-Federalists still argued that the Constitution would lead to tyranny. The New York convention would ratify the Constitution by just three votes, and finally Rhode Island would ratify it by two votes—a full year after George Washington was inaugurated as president.

Rights and Compromises

Although debates continued, Washington’s election as president cemented the Constitution’s authority. By 1793, the term  Anti-Federalist  would be essentially meaningless. Yet the debates produced a piece of the Constitution that seems irreplaceable today. Ten amendments were added in 1791. Together, they constitute the Bill of Rights. James Madison, against his original wishes, supported these amendments as an act of political compromise and necessity. He had won election to the House of Representatives only by promising his Virginia constituents such a list of rights.

There was much the Bill of Rights did not cover. Women found no special protections or guarantee of a voice in government. Many states continued to restrict voting only to men who owned significant amounts of property. And slavery not only continued to exist; it was condoned and protected by the Constitution.

Of all the compromises that formed the Constitution, perhaps none would be more important than the compromise over the slave trade. Americans generally perceived the transatlantic slave trade as more violent and immoral than slavery itself. Many northerners opposed it on moral grounds. But they also understood that letting southern states import more Africans would increase their political power. The Constitution counted each black individual as three fifths of a person for purposes of representation, so in districts with many slaves, the white voters had extra influence. On the other hand, the states of the Upper South also welcomed a ban on the Atlantic trade because they already had a surplus of slaves. Banning importation meant slave owners in Virginia and Maryland could get higher prices when they sold their slaves to states like South Carolina and Georgia that were dependent on a continued slave trade.

New England and the Deep South agreed to what was called a “dirty compromise” at the Constitutional Convention in 1787. New Englanders agreed to include a constitutional provision that protected the foreign slave trade for twenty years; in exchange, South Carolina and Georgia delegates had agreed to support a constitutional clause that made it easier for Congress to pass commercial legislation. As a result, the Atlantic slave trade resumed until 1808 when it was outlawed for three reasons. First, Britain was also in the process of outlawing the slave trade in 1807, and the United States did not want to concede any moral high ground to its rival. Second, the Haitian Revolution (1791–1804), a successful slave revolt against French colonial rule in the West Indies, had changed the stakes in the debate. The image of thousands of armed black revolutionaries terrified white Americans. Third, the Haitian Revolution had ended France’s plans to expand its presence in the Americas, so in 1803, the United States had purchased the Louisiana Territory from the French at a fire-sale price. This massive new territory, which had doubled the size of the United States, had put the question of slavery’s expansion at the top of the national agenda. Many white Americans, including President Thomas Jefferson, thought that ending the external slave trade and dispersing the domestic slave population would keep the United States a white man’s republic and perhaps even lead to the disappearance of slavery.

The ban on the slave trade, however, lacked effective enforcement measures and funding. Moreover, instead of freeing illegally imported Africans, the act left their fate to the individual states, and many of those states simply sold intercepted slaves at auction. Thus, the ban preserved the logic of property ownership in human beings. The new federal government protected slavery as much as it expanded democratic rights and privileges for white men.⁴

Conclusion

Once the Constitution was ratified, the great question in American society was simply ‘would it work?’ It was a foregone conclusion that Washington, who had come to personify the Revolution, would be the first president. He took office in New York in 1789 after being unanimously elected by the Electoral College. Thomas Jefferson became the first Secretary of State, and James Madison, the father of the Constitution, became the administration’s leader in the House of Representatives.

For more information, please explore the following resource and watch the related video:

Mount, Steve. “The Federalists and the Anti-Federalists.” Constitution.net. January 15, 2010.

Notes

1. David J. Siemers, Ratifying the Republic: Antifederalists and Federalists in Constitutional Time (Stanford, CA: Stanford University Press, 2002).
2. Alexander Hamilton, James Madison, and John Jay, The Federalist Papers, ed. Ian Shapiro (New Haven, CT: Yale University Press, 2009).
3. Pauline Maier, Ratification: The People Debate the Constitution, 1787–1788 (New York: Simon and Schuster, 2010), 225–237.
4. David Waldstreicher, Slavery’s Constitution: From Revolution to Ratification (New York: Hill and Wang, 2009).