Chapter 3 The U.S. Constitution

The drafting of the U.S. Constitution involved several key debates and contentions among the Founding Fathers. Some of the main issues included:

Representation: There was significant debate over how states should be represented in the new government. The Virginia Plan proposed representation based on population, while the New Jersey Plan called for equal representation for each state. This was resolved by the Great Compromise, which established a bicameral legislature with proportional representation in the House and equal representation in the Senate.
Slavery: The issue of slavery was contentious, particularly regarding how enslaved people would be counted for representation and taxation. The Three-Fifths Compromise was reached, counting three out of every five enslaved individuals for these purposes.
Federal vs. State Power: There was a fundamental debate over the balance of power between the federal government and the states. Some delegates favored a strong central government, while others wanted to ensure states retained significant powers.
Executive Power: The structure and powers of the executive branch were debated, including how the President would be elected and the extent of presidential powers. This led to the establishment of the Electoral College system.
Bill of Rights: While not initially included in the Constitution, the lack of a Bill of Rights was a major point of contention. Many delegates and states were concerned about protecting individual liberties, leading to the eventual adoption of the first ten amendments.

These debates were crucial in shaping the final document and ensuring its ratification by the states.

3.1 Key Compromises

The drafting of the U.S. Constitution involved several key compromises that were essential in resolving disputes among the delegates and ensuring the document’s ratification. Here are the major compromises:

The Great Compromise (Connecticut Compromise): This resolved the dispute between large and small states over legislative representation. It established a bicameral legislature with proportional representation in the House of Representatives and equal representation for each state in the Senate.
The Three-Fifths Compromise: This addressed how enslaved individuals would be counted for purposes of taxation and representation. It determined that three out of every five enslaved people would be counted in a state’s population total.
The Commerce and Slave Trade Compromise: This compromise allowed the federal government to regulate interstate and international commerce, including placing tariffs on imports, but it prohibited any laws banning the slave trade for 20 years (until 1808).
The Electoral College: This compromise established the method for electing the President. Instead of a direct popular vote, the President would be elected by electors from each state, with the number of electors equaling the total number of its Senators and Representatives.
The Compromise on the Presidency: This addressed concerns about the powers and term of the President. It established a single executive with a four-year term, subject to re-election, and included checks and balances such as the ability to veto legislation and be impeached by Congress.

These compromises were crucial in balancing the interests of different states and factions, allowing the Constitution to be accepted by a diverse group of delegates and eventually ratified by the states.

3.2 Federalists

The Federalist vs. Anti-Federalist debates were a series of discussions and arguments that took place during the late 1780s over the ratification of the U.S. Constitution. These debates highlighted differing views on the balance of power between the national government and the states, as well as the protection of individual rights. Here are the key points of contention:

3.2.1 Federalists

Support for a Strong Central Government: Federalists advocated for a strong national government that could effectively manage the country’s affairs, maintain order, and provide for the common defense. They believed that a robust central authority was necessary to overcome the weaknesses of the Articles of Confederation.
Prominent Figures: Key Federalists included Alexander Hamilton, James Madison, and John Jay. They authored the Federalist Papers, a series of essays arguing in favor of the Constitution’s ratification.
Belief in Checks and Balances: Federalists argued that the Constitution’s system of checks and balances and separation of powers would prevent any one branch of government from becoming too powerful.
Less Emphasis on a Bill of Rights: Initially, Federalists believed that a Bill of Rights was unnecessary because the Constitution already limited the government’s powers. They argued that listing specific rights might imply that any unlisted rights were not protected.

3.2.2 Anti-Federalists and Anti-Federalists

Concern Over Centralized Power: Anti-Federalists were wary of a strong central government, fearing it could become tyrannical and infringe on the rights of states and individuals. They preferred more power to remain with state governments.
Prominent Figures: Notable Anti-Federalists included Patrick Henry, George Mason, and Samuel Adams. They wrote various essays and articles expressing their concerns, though not as systematically as the Federalist Papers.
Demand for a Bill of Rights: Anti-Federalists strongly advocated for a Bill of Rights to explicitly protect individual liberties and prevent government overreach. They believed that without such protections, citizens’ freedoms could be at risk.
Skepticism of the Constitution’s Ambiguities: Anti-Federalists were concerned about certain vague aspects of the Constitution, such as the “necessary and proper” clause, which they feared could be used to expand federal power beyond what was intended.

Outcome

The debates between Federalists and Anti-Federalists ultimately led to the ratification of the Constitution, with the promise that a Bill of Rights would be added. This compromise helped to address the concerns of the Anti-Federalists and ensured broader support for the new government framework. The first ten amendments, known as the Bill of Rights, were ratified in 1791, providing explicit protections for individual liberties.

3.3 The Divide

During the Federalist and Anti-Federalist debates over the ratification of the U.S. Constitution, states were often divided based on their economic interests, political culture, and the influence of key leaders. Here’s a general overview of how states were aligned:

3.3.1 Federalist-Leaning States

Delaware: As the first state to ratify the Constitution, Delaware was strongly Federalist, favoring a strong central government to protect its economic interests.
Pennsylvania: With a strong commercial economy, Pennsylvania supported Federalist ideas, seeing the benefits of a unified national market.
New Jersey: Supported the Federalists due to its economic ties and proximity to larger states like New York and Pennsylvania.
Connecticut: Generally Federalist, with a strong interest in maintaining order and stability through a central government.
Massachusetts: Although there was significant Anti-Federalist sentiment, the state ultimately leaned Federalist, influenced by commercial interests in Boston.
Maryland: Leaned Federalist, with support from its commercial and planter classes.
South Carolina: Had a mix of Federalist and Anti-Federalist sentiments, but the influence of its elite planter class leaned it towards Federalism.
New York: Initially divided, but Federalist support grew, especially in urban areas like New York City, leading to eventual ratification.

3.3.2 Anti-Federalist-Leaning States

Virginia: A stronghold of Anti-Federalist sentiment, with influential leaders like Patrick Henry opposing the Constitution without a Bill of Rights. However, it eventually ratified after assurances of amendments.
North Carolina: Initially refused to ratify without a Bill of Rights, reflecting strong Anti-Federalist views. It ratified after the Bill of Rights was proposed.
Rhode Island: The last of the original 13 states to ratify, Rhode Island was strongly Anti-Federalist, fearing loss of state autonomy and economic control.
New Hampshire: Had significant Anti-Federalist sentiment but ultimately ratified after Federalist persuasion and the promise of a Bill of Rights.
Georgia: While it ratified quickly, there were elements of Anti-Federalist sentiment, particularly among those wary of centralized control.

The alignment often depended on economic interests, with commercial and urban areas tending to support Federalism, while rural and frontier areas were more skeptical, fearing centralized power and loss of local control. The promise of a Bill of Rights was crucial in swaying many Anti-Federalist-leaning states to ratify the Constitution.

3.4 Ratification

The dates when each of the original 13 colonies ratified the U.S. Constitution are:

Delaware - December 7, 1787
Pennsylvania - December 12, 1787
New Jersey - December 18, 1787
Georgia - January 2, 1788
Connecticut - January 9, 1788
Massachusetts - February 6, 1788
Maryland - April 28, 1788
South Carolina - May 23, 1788
New Hampshire - June 21, 1788 (This ratification brought the Constitution into effect as it was the ninth state to ratify)
Virginia - June 25, 1788
New York - July 26, 1788
North Carolina - November 21, 1789
Rhode Island - May 29, 1790

These ratifications marked the official acceptance of the Constitution by each state, allowing the new government framework to be implemented.