OLD Ratification Notes

Ratification

1/6/2024


Constitution Ratification Fight 


  • After creating the Constitution, the Framers knew that they had to get it approved (ratification).

  • Ratify - to formally approve

  • They also knew that approval would be challenging as many people were still fearful of a strong national government

  • People became divided into two groups:

  • Federalists - people who supported ratifying the Constitution (Federalists want a strong federal government)

  • Anti-Federalists - people opposed to ratifying the Constitution






Federalists

Anti-Federalists

  • Supporters of the Constitution

  • Alexander Hamilton, James Madison, and John Jay wrote The Federalist Paper to convince others to support ratification.

  • Opposed the Constitution

  • Patrick Henry, Sam Adams, George Mason opposed the idea of strong national government

  • Feared it created a gov’t that the people could not control - threatened their natural rights




Issue Debated


  1. Whether the Constitution would maintain a republican government 

  • Power of government is held by the people [consent of the governed]. 

  • The people give power to leaders they elect to represent them and serve their interests.

  • Franklin’s quote: “A republic, if you can keep it”


  1. Whether the national government would have too much power.

  • Fear of additions of the executive and judicial branches.



  1. Whether a Bill of Rights [extra protections] was needed in the Constitution 

  • Do people need additional protection or is the Constitution enough?




Federalists

Anti-Federalists

  • National gov’t needs to have more power, BUT will be limited to solving issues that impact the whole nation

  • Ex. trade & defense

  • Checks and balances included to ensure that one branch does not get too powerful

  • Constitution still provides protections for states, gives specific power to states

  • People will now work for the common good instead of their own/states

  • Constitution does protect people’s rights enough without a BOR

  • Afraid that it gives national gov’t TOO much power at the expense of state governments

  • Executive branch has too much power and could become a monarchy

  • Disliked that national gov’t laws are superior to the state laws [loss of state control]

  • Disliked that it gives gov’t right to tax and have an army during peacetime (which could be used AGAINST the people)

  • Country is too big to have a republic; can’t decided on the common good because there are too many people

  • Believed that a BOR is needed to protect the rights of citizens





Issue #1: Whether the national government would have too much power.



Federalists

Anti-Federalists

  • Constitution gives more power to the national government BUT its powers are limited

  • Strong executive branch = necessary for trade and defensive BUT checks + balances to prevent corruption

  • Certain powers and protection still reserved for states

  • Constitution gives TOO much power to the national government

  • The executive branch could become monarchy - too much power

  • States will lose their power and agency because federal laws will be superior to state laws

  • National army could be used to suppress people 




Issue #2: Whether the Constitution would maintain republican government. 



Federalists

Anti-Federalists

  • A large republic with power divided between national and state governments is the best solution

  • Small republics [representative democracies] in history were destroyed by selfish groups

  • Seeking own interests (not that of the people)

  • Will be protected by checks and balances

  • Only place where republics work are in small communities because people will share similar wealth and values

  • New nation = too large/diverse

  • No agreement

  • National government will be too far away for active participation 

  • Will lead to abuse of power and loss of natural rights  



Issue #3: Whether the Constitution would maintain republican government. 



Federalists

Anti-Federalists

  • A Bill of Rights is NOT needed

  • Constitution = ultimate protection because of IMPLIED rights

  • People = ultimate rulers & the government has limited power

  • BOR will give impression that those are people’s ONLY rights 

  • A Bill of Rights IS needed to protect people from the government

  • Need to have EXPRESSED and specific rights outlined  

  • Ex: there is no mention of freedom of religion, speech, etc. in Constitution (rights fought for in war)

  • If not listed as rights, the gov could violate them 





Ratification Fight - The Outcome


  • The debates in the states lasted ~10 months

  • Delaware was the FIRST!

  • NH was the 9th state to ratify

  • RI was the last to ratify 

  • How did they get it ratified?

  • A compromise on the issue of a Bill of Rights

  • Federalists agreed to the addition Bill of Rights to get rough support

  • When the first Congress was held, it would draft a Bill of Rights