RATIFICATION AND THE BILL OF RIGHTS
On September 17, 1787, after 16 weeks of deliberation, the finished Constitution was signed by 39 of the 42 delegates present . Franklin, pointing to the half-sun painted in brilliant gold on the back of Wash- ington’s chair, said:
76
I have often in the course of the session … looked at that [chair] behind the president, without being able to tell whether it was rising or setting; but now, at length, I have the happiness to know that it is a rising, and not a setting, sun. The convention was over; the
members “adjourned to the City Tavern, dined together, and took a cordial leave of each other .” Yet a crucial part of the struggle for a more perfect union remained to be faced . The consent of popularly elected state conventions was still required before the document could become effective .
The convention had decided that the Constitution would take effect upon ratification by conventions in nine of the 13 states . By June 1788 the required nine states had ratified the Constitution, but the large states of Virginia and New York had not . Most people felt that without their support the Constitution would nev- er be honored . To many, the docu- ment seemed full of dangers: Would not the strong central government that it established tyrannize them, oppress them with heavy taxes, and drag them into wars?
Differing views on these ques- tions brought into existence two par- ties, the Federalists, who favored a strong central government, and the Antifederalists, who preferred a loose association of separate states . Impas- sioned arguments on both sides were voiced by the press, the legislatures, and the state conventions .
In Virginia, the Antifederalists attacked the proposed new gov- ernment by challenging the open- ing phrase of the Constitution: “We the People of the United States .” Without using the individual state names in the Constitution, the del- egates argued, the states would not retain their separate rights or pow- ers . Virginia Antifederalists were led by Patrick Henry, who became the chief spokesman for back-coun- try farmers who feared the powers of the new central government . Wa- vering delegates were persuaded by a proposal that the Virginia con- vention recommend a bill of rights, and Antifederalists joined with the Federalists to ratify the Constitution on June 25 .
In New York, Alexander Ham- ilton, John Jay, and James Madison pushed for the ratification of the Constitution in a series of essays known as The Federalist Papers . The essays, published in New York newspapers, provided a now-classic argument for a central federal gov- ernment, with separate executive, legislative, and judicial branches that checked and balanced one another . With The Federalist Papers influenc- ing the New York delegates, the Con- stitution was ratified on July 26 .
Antipathy toward a strong cen- tral government was only one con- cern among those opposed to the Constitution; of equal concern to many was the fear that the Constitution did not protect individ- ual rights and freedoms sufficiently . Virginian George Mason, author
CHAPTER 4: THE FORMATION OF A NATIONAL GOVERNMENT
OUTLINE OF U.S. HISTORY
77
of Virginia’s Declaration of Rights of 1776, was one of three delegates to the Constitutional Convention who had refused to sign the final document because it did not enu- merate individual rights . Together with Patrick Henry, he campaigned vigorously against ratification of the Constitution by Virginia . Indeed, five states, including Massachusetts, ratified the Constitution on the con- dition that such amendments be added immediately .
When the first Congress con- vened in New York City in Septem- ber 1789, the calls for amendments protecting individual rights were virtually unanimous . Congress quickly adopted 12 such amend- ments; by December 1791, enough states had ratified 10 amendments to make them part of the Constitu- tion . Collectively, they are known as the Bill of Rights . Among their provisions: freedom of speech, press, religion, and the right to assemble peacefully, protest, and demand changes (First Amendment); protec- tion against unreasonable search- es, seizures of property, and arrest (Fourth Amendment); due process of law in all criminal cases (Fifth Amendment); right to a fair and speedy trial (Sixth Amendment); protection against cruel and unusual punishment (Eighth Amendment); and provision that the people retain additional rights not listed in the Constitution (Ninth Amendment) .
Since the adoption of the Bill of Rights, only 17 more amend- ments have been added to the
Constitution . Although a number of the subsequent amendments re- vised the federal government’s struc- ture and operations, most followed the precedent established by the Bill of Rights and expanded individual rights and freedoms .