Study Notes on the Signing of the Constitution and the Ratification Debate

The Signing of the Constitution

  • Artwork by Thomas Prichard Rossiter depicting the conclusion of the Constitutional Convention of 1787.

    • Features key Founding Fathers:

    • James Wilson signing the document.

    • George Washington presiding from the dais with an image of the sun behind him.

Creation and Purpose of the Constitution

  • Original text began with "We the people of the United States" rather than naming individual states (e.g., New Hampshire, Massachusetts).

  • Included a statement of purposes:

    • To "establish justice"

    • To promote "the general welfare"

    • To "secure the blessings of liberty"

  • Responses to the Articles of Confederation, which many delegates believed had failed to achieve these goals.

Conclusion of the Constitutional Convention

  • Last session occurred on September 17, 1787.

  • Benjamin Franklin's urging to set aside individual objections and approve the document despite imperfections.

  • Of the 45 delegates present, 39 signed the Constitution.

  • Document sent to states for ratification.

Impacts of the Constitution

  • Established a new framework for American development:

    • Enabled creation of a national economic market.

    • Created national political institutions.

    • Reduced powers of individual states.

    • Sought to limit popular democracy.

  • Led to a nationwide debate over preserving American freedom.

The Ratification Debate and the Origin of the Bill of Rights

The Federalist Papers

  • The Constitution became effective with approval from nine states, contrary to the Articles of Confederation's requirement of all thirteen.

  • Each state elected delegates to a ratifying convention, leading to a fierce public debate producing pamphlets and newspaper articles.

  • Hamilton, Madison, and John Jay wrote the Federalist Papers (85 essays) under the pen name "Publius," published in newspapers and later compiled into a book in 1788.

    • -Regarded as significant contributions to American political thought.

Support for the Constitution

  • Hamilton's and Madison's arguments focused on:

    • Constitution as a protector of liberties, contrary to fears of oppression.

    • Checks and balances ensuring political tyranny almost impossible.

    • Madison's remarks emphasized the need to balance democracy and respect for property, warning against the economic divide.

Opposition to the Constitution

The Anti-Federalists

  • Anti-Federalists believed the Constitution favored power over liberty.

  • Lack of coherent leadership among the opposition.

    • Included influential figures like Samuel Adams, John Hancock, and Patrick Henry.

    • Concerns over diminishing state influence.

  • Alarm about broader congressional powers, including threats to slavery.

  • Advocated for local governance and self-government, proclaiming their motto of "Liberty."

  • Highlighted the absence of a Bill of Rights, which led to fears over unprotected rights, such as trial by jury and free speech.

Support and Opposition Social Bases

  • Pro-Constitution sentiment arose mainly in urban and commercial areas, often among property owners.

  • Anti-Federalism was supported by small farmers, especially those opposed to national debt measures and taxes.

  • In 1787, only 12 out of 92 newspapers published Anti-Federalist views.

Ratification Process and Outcomes

  • Madison's promise to enact a Bill of Rights helped secure support.

  • By mid-1788, nine states ratified the Constitution; only Rhode Island and North Carolina opposed.

  • Anti-Federalism largely faded but influenced views on a powerful central government in American political culture.

The Bill of Rights

Origins

  • The most valued freedoms today were not in the original Constitution but were later added in the first ten amendments (Bill of Rights), ratified in 1791.

  • First Amendment:

    • Ensured free speech, freedom of the press, and freedom of religion.

  • Second Amendment:

    • Affirmed the right to "keep and bear arms".

  • Provisions against abuses like unwarranted arrests and obligatory self-incrimination; reaffirmation of trial by jury.

  • Notably focused on the concept of religious freedom, contrasting with prior reliance on divine providence in documents like the Declaration of Independence.

Impact on American Life

  • The Bill of Rights solidified the notion of citizen rights against concentrated national power and promoted discussions about liberty in the context of rights.

  • Specifically highlighted fundamental rights essential for a democratic society, such as free speech, which transitioned into a basic citizen entitlement under the Constitution.

Citizenship in the New Republic

Definition and Implications

  • The Constitution did not provide explicit definitions of citizenship but referenced it several times, suggesting state-determined rights.

  • The presidency required a "natural born citizen", hinting at certain birthright implications of citizenship.

  • The "comity clause" ensured rights of citizens were consistent across states, asserting that movement between states did not negate one's rights.

Perspectives on Citizenship

  • The ambiguity around citizenship post-independence transitioned from British subjecthood to a more complex framework within the states.