History Notes: Debating the Constitution and the Bill of Rights

Section Overview and Key Objectives

• The Concept of a Bill of Rights: As articulated by Thomas Jefferson in a 1787 letter to James Madison, a bill of rights is defined as "what the people are entitled to against every government on earth, general or particular; and what no just government should refuse or rest on inference."
• Primary Goal: The debate over the Constitution directly led to the establishment of the Bill of Rights.
• Learning Objectives:     * Compare the specific positions held by the Federalists and the Antifederalists.     * Discuss the specific timeline and debates surrounding the ratification process.     * Describe the Bill of Rights and the mechanisms through which it protects the populace.
• Essential Definitions:     * Ratify: To approve.     * Flexible: Able to change.     * Amendment: An addition or alteration to a document.

Federalists Versus Antifederalists

• The Ratification Process: The Constitutional Convention established that each state would hold a special convention to approve the document. The Constitution was designed to go into effect only after it was ratified by nine states.
• The Federalist Position:     * Definition: Supporters of the new Constitution who favored a strong federal, or national, government.     * The Federalist Papers: A series of 85 newspaper essays written and published by James Madison, Alexander Hamilton, and John Jay to advocate for the Constitution's adoption.     * Core Rational: The Union required a central government with powers denied to it under the Articles of Confederation, specifically the authority to enforce laws.     * Hamilton's Argument (The Federalist No. 15): "Government implies the power of making laws. It is essential to the idea of a law, that it be attended with…a penalty or punishment for disobedience. If there be no penalty… the resolutions or commands which pretend to be laws will, in fact, amount to nothing more than advice."
• The Antifederalist Position:     * Definition: Opponents of ratification who believed the Constitutional Convention had exceeded its authority.     * Leading Figures: George Mason and Patrick Henry of Virginia.     * Common Points of Agreement: They admitted the Articles of Confederation were weak but believed the proposed alternative went too far.     * Major Arguments:         * Weakening the States: They feared a central government similar to England's would erase state power and individual liberty. George Mason warned: "There never was a government over a very extensive country without destroying the liberties of the people."         * No Bill of Rights: They criticized the lack of explicit protections for basic freedoms, which many state constitutions already included.         * President or King?: Patrick Henry explicitly warned that the office of the President could easily transform into a monarchy due to the lack of term limits at the time: "Your President may easily become a king."

Biography: George Mason (1725–1792)

• Background: Mason was the author of Virginia’s bill of rights and attended the Constitutional Convention aiming to form a "wise and just government."
• Dissatisfaction: Despite being a slave owner, he favored ending slavery and strongly disliked the Three-Fifths Compromise.
• The Breaking Point: He was deeply upset when the convention voted against his formal proposal to add a bill of rights.
• Legacy: Because he refused to sign the Constitution and fought for protected liberties, he is often called the "father of the Bill of Rights."

The Ratification Debate

• Initial Approval:     * Delaware: The first state to act, approving the Constitution unanimously on December 7, 1787.     * Early Successes: Pennsylvania, New Jersey, Georgia, and Connecticut followed Delaware's lead.
• Contentious States:     * Massachusetts: Rural opposition was high, particularly in areas associated with Shays' Rebellion. A major campaign was required by supporters to secure ratification.     * Maryland and South Carolina: Both ratified, bringing the total to eight states.
• The Crucial Role of Virginia:     * Virginia was the ninth state needed for the Constitution to be practically effective (as a large and powerful state), though New Hampshire technically provided the ninth vote first.     * The Clash: Patrick Henry led the opposition, claiming the government lacked real checks and balances. James Madison countered by warning of the Union's potential breakup.     * Outcome: Virginia's convention approved the Constitution by a narrow margin of 89 to 79.
• Timeline of Final States:     * New Hampshire: Ratified in June 1788 as the official ninth state.     * New York and North Carolina: Followed after the ninth state milestone.     * Rhode Island: The last of the original 13 states to ratify, doing so in May 1790.
• The National Celebration: On July 4, 1788, Philadelphia held a parade led by Revolutionary War veterans. Dr. Benjamin Rush remarked, "'Tis done. We have become a nation."

The Bill of Rights

• Formation: Following ratification, George Washington was elected the first President with John Adams as Vice President. The first Congress met in March 1789.
• Purpose: The primary task of the first Congress was addressing the demand for a bill of rights to protect citizens against federal government abuses.
• The Process: The Framers designed the amendment process to be difficult but possible to ensure the Constitution was flexible without being subject to light or frequent change.
• The Ten Amendments (Ratified December 1791):     * First Amendment: Guarantees freedom of religion, speech, and the press.     * Second Amendment: Concerns the right to bear arms.     * Third Amendment: Prevents Congress from forcing citizens to house troops (quartering).     * Fourth Amendment: Protects against unreasonable searches of homes and seizure of property.     * Fifth through Eighth Amendments: Protect the rights of citizens accused of crimes and brought to trial.     * Ninth and Tenth Amendments: Limit the power of the federal government to only those specifically granted in the Constitution.

Questions & Discussion

• Political Cartoon Analysis ("United We Stand… United at hand — Divided we fall", 1788):     * (a) Identify Main Ideas: The pillars represent the states. Delaware is the first pillar. The missing pillars represent states that had not yet ratified (such as North Carolina or Rhode Island depending on the exact date of the cartoon).     * (b) Detect Points of View: The cartoonist likely favored the Federalists, as the cartoon depicts the states being "put in place" by a hand from the heavens, suggesting a divine or necessary order through union.
• Section 3 Check Your Progress Questions:     * 1. (a) Summary of Antifederalist Arguments: The Constitution weakened state governments, it lacked a bill of rights, and the President could potentially become a king.     * 1. (b) Drawing Conclusions on State Power: Antifederalists believed the central government would eventually wipe out state power to manage local affairs, comparing a strong central authority to the tyranny of the British Crown.     * 2. (a) Comparison of Henry and Madison: Patrick Henry was a staunch opponent who saw no real checks and balances; Madison was a proponent who saw a strong central government as the only way to save the Union.     * 2. (b) Applying Information: The passage of the Bill of Rights addressed Henry's concerns by explicitly listing the checks on government power and the guaranteed rights of the people.     * 3. Evaluating Support for Propositions: Evaluate Patrick Henry's claim that "there will be no checks, no real balances." (Student-led evaluation expected).     * 4. Importance of Virginia: It was essential for a large, powerful state like Virginia to ratify, because without it, New York and other states might have rejected the pact, leaving the Union geographically and politically fractured.