History Of The United States Constitution

The United States Constitution was created in 1787, four years after the United States secured its independence from Great Britain . The Constitution is the successor to the Articles Of Confederation , passed in 1778, but its true forebears are the Magna Carta and the English Bill Of Rights .

WAR FOR INDEPENDENCE

In May of 1774, the Virginia House Of Burgesses , following a formal dissolution by then Virginia Governor Lord Dunmore , met informally to draft a letter, Concerning non-Importation and a General Convention , recommending "...that the Colony of Virginia will concur with the other Colonies in such Measures as shall be judged most effectual for the Preservation of the Common Rights and Liberty of British America".

In June 1774, the , there was embodied a statement of rights and principles, many of which were later to be incorporated in the Declaration Of Independence and the Federal Constitution.

This Congress adjourned in October with a recommendation that another Congress be held in Philadelphia the following May. Before its successor met, the , 1775 , expressed a "wish" to see the union between Great Britain and the colonies "restored", sentiment for independence was growing. Finally, on May 15 , 1776 , Virginia instructed her delegates to the Continental Congress to have that body "declare the united colonies free and independent States."

ARTICLES OF CONFEDERATION

See Also: Articles of Confederation

On June 7 , 1776 , a resolution was introduced in the Second Continental Congress declaring the union with Great Britain dissolved, proposing the formation of foreign alliances, and suggesting the drafting of a plan of confederation to be submitted to the respective colonies. Some delegates argued unsuccessfully for Confederation first and declaration afterwards. Independence was declared on July 4 , 1776 ; the preparation of a plan of confederation was postponed. It was not until November 17 , 1777 , that the Congress was able to agree on a form of government which stood some chance of being approved by the separate States. The Articles Of Confederation were then submitted to the several States, and on July 9, 1778, were finally approved by a sufficient number to become operative.

Weaknesses

Weaknesses inherent in the Articles Of Confederation became apparent before the Revolution out of which that instrument was born had been concluded. Even before the thirteenth State ( Maryland ) conditionally joined the "firm league of friendship" on March 1 , 1781 , the need for a revenue amendment was widely conceded. Congress under the Articles lacked authority to levy taxes. She could only request the States to contribute their fair share to the common treasury, but the requested amounts were not forthcoming. To remedy this defect, Congress applied to the States for power to lay duties and secure the public debts. Twelve States agreed to such an amendment, but Rhode Island refused her consent, thereby defeating the proposal.

Thus was emphasized a second weakness in the Articles of Confederation, namely, the Liberum Veto which each State possessed whenever amendments to that instrument were proposed. Not only did all amendments have to be ratified by each of the thirteen States, but all important legislation needed the approval of nine States. With several delegations often absent, one or two States were able to defeat legislative proposals of major importance.

The period between the adoption of the Articles of Confederation in 1781 and the drafting of the Constitution in 1787 was one of weakness, dissension, and turmoil. Under the Articles of Confederation, no provisions were made for an Executive Branch to enforce the laws or for a national court system to interpret them. A Legislative Congress was the sole organ of the national government, but it had no power to force the states to do anything against their will. It could theoretically declare war and raise an Army , but it could not force any state to meet its assigned quota for Troops or for the arms and equipment needed to support them. It looked to the states for the Income needed to finance its activities, but it could not punish a state for not contributing its share of the federal Budget . Control of Tax ation and Tariff s was left to the states, and each state could issue its own currency. In disputes between states--and there were many unsettled quarrels over state boundaries--Congress played the role of mediator and judge but could not require states to accept its decisions.

The result was virtual chaos. Without the power to collect taxes, the federal government plunged into debt. At the same time, seven of the 13 states printed large quantities of Paper Money , high in Face Value , but low in real Purchasing Power , in order to pay Revolutionary War Veteran s and a variety of creditors and to settle debts between small Farmer s and large Plantation owners.

By contrast, the Massachusetts legislature imposed a tightly limited currency and high taxes, triggering the formation of a small army of farmers led by Daniel Shays , a former Revolutionary War army captain. In a bid to take over the Massachusetts statehouse, Shays and others demanded that foreclosures (seizure of land by Bank s as payment for debts) and unfair Mortgage s be dropped. Troops were called out to suppress the rebellion, but the Confederal government took notice.

The absence of a single, uniform, stable, currency also disrupted trade among the states and with other countries. Not only did the value of paper currency vary from state to state, but some states (like New York and Virginia) levied duties on products entering their ports from other states, thereby provoking retaliatory actions. The states could say, as had the federal superintendent of finance, that "our public credit is gone." To compound their problems, these newly independent states, having separated violently from Britain, no longer received favored treatment at British Port s. When U.S. Ambassador John Adams tried to negotiate a Commercial Treaty in 1785, the British refused on the grounds that the individual states would not be bound by it.

A weak central government, without the power to back its policies with military strength, was inevitably handicapped in foreign affairs as well. The British refused to withdraw their troops from the Fort s and trading posts in the new nation's Northwest Territory , as they had agreed to do in the peace treaty of 1783 that marked the end of the Revolutionary War. To make matters worse, British officers on the northern boundaries and Spanish officers to the south supplied arms to various American Indian tribes and encouraged them to attack American settlers. The Spanish, who controlled Florida and Louisiana , as well as all territory west of the Mississippi River , also refused to allow western American farmers to use the port of New Orleans to ship their produce.

Other imperfections in the Articles of Confederation also proved embarrassing. Congress could, for example, negotiate treaties with foreign powers, but all treaties had to be ratified by the several States. Even when a treaty was approved, Congress lacked authority to secure obedience to its stipulations. Congress could not act directly upon the States or upon individuals. Under such circumstances foreign nations doubted the value of a treaty with the new Republic . Furthermore, Congress had no authority to regulate foreign or interstate commerce. Legislation in this field, subject to unimportant exceptions, was left to the individual States. Disputes between States with common interests in the navigation of certain rivers and bays were inevitable. Discriminatory regulations were followed by reprisals.

Although there were signs of returning prosperity in some areas of the fledgling nation, domestic and foreign problems continued to grow. It became increasingly clear that the confederation's central government was not strong enough to establish a sound financial system, to regulate trade, to enforce treaties, or to exert military force against foreign antagonists when needed. Internal divisions between farmers and Merchant s, debtors and creditors, and among the states themselves were growing more severe. With Shays' Rebellion of desperate farmers in 1786 vividly in mind, George Washington warned: "There are combustibles in every state which a spark might set fire to."

Mount Vernon commission

Virginia, recognizing the need for an agreement with Maryland respecting the navigation and jurisdiction of the Potomac River , appointed, in June 1784, four commissioners to "frame such liberal and equitable regulations concerning the said river as may be mutually advantageous to the two States." Maryland, in January 1785, responded to the Virginia resolution by appointing a like number of commissioners "for the purpose of settling the navigation and jurisdiction over that part of the bay of Chesapeake which lies within the limits of Virginia, and over the rivers Potomac and Pocomoke " with full power on behalf of Maryland "to adjudge and settle the jurisdiction to be exercised by the said State, respectively, over the waters and navigations of the same."

At the invitation of George Washington , the commissioners met at his Mount Vernon home, in March 1785, and drafted a compact which, in many of its details relative to the navigation and jurisdiction of the Potomac, is still in force. What is more important, the commissioners submitted to their respective States a report in favor of a convention of all the States "to take into consideration the trade and commerce" of the Confederation . Virginia, in January 1786, advocated such a convention, authorizing its commissioners to meet with those of other States, at a time and place to be agreed on, "to take into consideration the trade of the United States; to examine the relative situations and trade of the said State; to consider how far a uniform system in their commercial regulations may be necessary to their common interest and their permanent harmony; and to report to the several State, such an act relative to this great object, as when unanimously ratified by them, will enable the United States in Congress, effectually to provide for the same."

ANNAPOLIS CONVENTION

See Also: Annapolis Convention

This proposal for a general trade convention seemingly met with general approval; nine States appointed commissioners. Under the leadership of the Virginia delegation, which included Randolph and Madison , Annapolis was accepted as the place and the first Monday in September 1786 as the time for the convention. The attendance at Annapolis proved disappointing. Only five States-- Virginia , Pennsylvania , Delaware , New Jersey , and New York --were represented; delegates from Massachusetts , New Hampshire , North Carolina , and Rhode Island failed to attend. Because of the small representation, the Annapolis Convention did not deem “it advisable to proceed on the business of their mission.” After an exchange of views, the Annapolis delegates unanimously submitted to their respective States a report in which they suggested that a convention of representatives from all the States meet at Philadelphia on the second Monday in May (May 13) 1787 to examine the defects in the existing system of government and formulate "a plan for supplying such defects as may be discovered."

The Virginia legislature acted promptly upon this recommendation and appointed a delegation to go to Philadelphia. Within a few weeks New Jersey, Pennsylvania, North Carolina, Delaware , and Georgia also made appointments. New York and several other States hesitated on the ground that, without the consent of the Continental Congress, the work of the convention would be extra-legal; that Congress alone could propose amendments to the Articles of Confederation. George Washington was quite unwilling to attend an irregular convention. Congressional approval of the proposed convention became, therefore, highly important. After some hesitancy, Congress approved the suggestion for a convention at Philadelphia ``for the sole and express purpose of revising the Articles of Confederation and reporting to Congress and the several legislatures such alterations and provisions therein as shall when agreed to in Congress and confirmed by the States render the Federal Constitution adequate to the exigencies of Government and the preservation of the Union."

Thereupon, the remaining States, Rhode Island alone excepted, appointed in due course delegates to the Convention, and Washington accepted membership on the Virginia delegation.

PHILADELPHIA CONVENTION

See Also: Philadelphia Convention

On , few representatives were present. The Convention (also known as the Philadelphia Convention ) only obtained a quorum—delegates of seven states—on May 25 .

The 55 males. All agreed, however, on the central objectives expressed in the preamble to the Constitution:

We the People of the United States, in Order to form a more perfect Union, establish Justice, insure domestic Tranquility, provide for the common defense, promote the general Welfare, and secure the Blessings of Liberty to ourselves and our Posterity, do ordain and establish this Constitution for the United States of America.

The primary aim of the Constitution was to create a strong elected government that was responsive to the will of the people, although there is some controversy over this. Many of the Founding Fathers believed that the new government needed to be insulated from the will of the people; hence the design of such features as the Electoral College or the election of Senators by the state legislatures. The concept of self-government did not originate with the Americans; indeed, a measure of self-government existed in the United Kingdom at the time. But the degree to which the Constitution committed the United States to rule by the people was unique, even revolutionary, in comparison with other governments around the world. By the time the Constitution was adopted, Americans had considerable expertise in the art of self-government. Long before independence was declared, the colonies were functioning governmental units controlled by the people. After the Revolution had begun between January 1 , 1776 , and April 20 , 1777 , ten of the thirteen states had adopted their own constitutions. Most states had a Governor elected by the state legislature. The legislature itself was elected by popular vote. Every state but Pennsylvania had a bicameral legislature as well.

The Articles Of Confederation had tried to unite these self-governing states. The Constitution, by contrast, established a strong central, or federal, government with broad powers to regulate relations between the states and with sole responsibility in such areas as Foreign Affairs and defense.

OBSTACLES

Centralization proved difficult for many people to accept. America had been settled in large part by Europeans who had left their homelands to escape religious or political oppression, as well as the rigid economic patterns of the Old World that locked individuals into a particular station in life regardless of their skill or energy. These settlers highly prized personal freedom, and they were wary of any power ,especially that of government, that might curtail individual liberties.

The Diversity of the new nation was also a formidable obstacle to unity. The people who were empowered by the Constitution in the 18th century to elect and control their central government represented different origins, beliefs, and interests. Most had come from Britain , but Sweden , Norway , France , the Netherlands , Prussia , Poland , and many other countries also sent immigrants to the New World . Their religious beliefs were varied and, in most cases, strongly held. There were Anglican s, Roman Catholic s, Calvinist s, Huguenot s, Lutheran s, Quaker s, Jew s, and many more. Economically and socially, Americans ranged from the land-owning Aristocracy to Slave s from Africa and Indentured Servant s working off Debt s. Most Americans fell somewhere in between these two extremes.

Americans then, as now, had widely differing opinions on virtually all issues, including the wisdom of breaking free of the British Crown. During the American Revolution, a large number of British Loyalists known as Tories had fled the country, settling mostly in eastern Canada . Those who stayed behind formed a substantial opposition bloc, although they differed among themselves on the reasons for opposing the Revolution and on what accommodation should be made with the new American republic.

It was the continuing job of the Constitution and the central government it had created to draw these disparate interests together, to create a common ground and, at the same time, to protect the fundamental rights of all the people.

Compared with the complexities of contemporary government, the problems of governing four million people in much less developed economic conditions might seem small indeed. But the authors of the Constitution were building for the future, as well as the present. They were keenly aware of the need for a structure of government that would work, not only in their lifetime, but for generations to come. Hence, they included in the Constitution a provision for amending the document when social, economic, or political conditions demanded it. Twenty-seven amendments have been passed since ratification, and the flexibility of the Constitution has proven to be one of its greatest strengths. Without such flexibility, it is inconceivable that a document drafted more than 200 years ago could effectively serve the needs of 290 million people and thousands of governmental units at all levels in the United States today. Nor could it have applied with equal force and precision to the problems of small Town s, large Cities and Suburb s of today.

DRAFTING THE CONSTITUTION

'' by Howard Chandler Christy .]]
This sense of potential disaster and the need for drastic change pervaded the Constitutional Convention that began its deliberations on May 25 , 1787 . All of the delegates were convinced that an effective central government with a wide range of enforceable powers must replace the weaker Congress established by the Articles of Confederation.

On May 29 , Edmund Randolph , on behalf of the Virginia delegation, submitted to the convention 15 propositions as a plan of government. Despite the fact that the delegates were limited by the instructions of their State legislatures to a revision of the Articles, Virginia had really recommended a new instrument of government. For example, provision was made in the Virginia Plan for the separation of the three branches of government; under the Articles executive, legislative, and judicial powers were vested in the Congress. Furthermore, the legislature was to consist of two houses rather than one.

On May 30 , the Convention went into a committee of the whole to consider the 15 propositions of the Virginia Plan Seriatim . These discussions continued until June 13 , when the Virginia resolutions in amended form were reported out of committee.

The delegates agreed that the new government would be composed of three separate, branches, based on ideals enumerated in , and executive, each with distinct powers to balance those of the other two branches. It was also agreed that the legislative branch, like the British Parliament , and the state legislatures (except Pennsylvania), should consist of two houses.

Beyond this point, however, there were sharp differences of opinion that threatened, at times, to disrupt the convention and cut short its proceedings before a constitution was drafted. The Virginia Plan provided for proportional representation in both houses. The small States were dissatisfied.

The large states argued in favor of proportional representation in the legislature--that is, each state should have voting power according to its population, calling equal representation, "confessedly unjust." The small states, fearing domination by the large ones, insisted on equal representation for all states.

Contrary to popular belief, the division was not explicit between large states and small states. It was between states with claims of Western land and states without such claims. At the time of the convention, the South was growing more quickly than the North, and it was Southern states who had the most extensive Western claims. South Carolina , North Carolina , and Georgia were small in the 1780s, but they expected growth, and thus favored proportional representation. New York was one of the largest states at the time, but two of its three representatives (Hamilton being the exception) favored an equal represenation, as part of their desire to see maximum autonomy for the states. (The two representatives other than Hamilton left the convention before the representation issue was resolved).

James Madison and Alexander Hamilton were two of the leaders of the proportional representation group. Madison argued that a conspiracy of large states against the small states was unrealistic, as the large states were so different from each other. Hamilton argued that the states were artificial entities made up of individuals, and accused small state representatives of wanting power, not liberty. (see History Of The United States Senate ).

For their part, the small state representatives argued that the states were, in fact, equal, and that proportional representation would be unfair to them. Gunning Bedford, Jr. of Delaware notoriously threatened on behalf of the small states, "the small ones w {Link without Title} find some foreign ally of more honor and good faith, who will take them by the hand and do them justice."

Therefore, on June 14 , when the Convention was ready to consider the report on the Virginia plan, William Patterson of New Jersey requested an adjournment to allow certain delegations more time to prepare a substitute plan. The request was granted, and, on the next day, Paterson submitted nine resolutions embodying important changes in the Articles of Confederation, but strictly amendatory in nature. Vigorous debate followed. On June 19 , the delegates rejected the New Jersey plan and voted to proceed with a discussion of the Virginia Plan. The small States became more and more discontented; there were threats of withdrawal. On July 2 , the Convention was deadlocked over giving each State an equal vote in the upper house--five States in the affirmative, five in the negative, one divided.

The problem was referred to a committee of 11, there being 1 delegate from each State, to effect a compromise. On July 5 the committee submitted its report, which became the basis for the “ Great Compromise " of the Convention. The report recommended: in the upper house, each State should have an equal vote; in the lower house, each State should have one representative for every 40,000 inhabitants, counting three-fifths of the slaves; money bills should originate in the lower house (not subject to amendment by the upper chamber).

After six weeks of tumult, North Carolina switched its vote to equal representation and Massachusetts abstained, and a compromise was reached, the so called "Great Compromise." In the "Great Compromise," every state was given equal representation, previously known as the New Jersey Plan , in one house of Congress and proportional representation, known before as the Virginia Plan , in the other. In the Senate , every state would have two seats. In the House Of Representatives , the number of seats would depend on population. Because it was considered more responsive to majority sentiment, the House of Representatives was given the power to originate all legislation dealing with the federal budget and revenues/taxation.

When, on July 12 , the motion of Gouverneur Morris of Pennsylvania that direct taxation should also be in proportion to representation was adopted, the crisis had been successfully surmounted. A compromise spirit began to prevail; however, the small States were not willing to support a strong national government.

The Great Compromise ended the rift between the large and small states, but throughout the summer the delegates worked out numerous other compromises. Some delegates, fearful of giving too much power to the people, argued for indirect election of all federal officials; others wanted as broad an electoral base as possible. Some wanted to exclude the western territories from eventual statehood; others saw the future strength of the nation in the lands beyond the Appalachian Mountains . There were sectional interests to be balanced; differing views to be reconciled on the term, powers, and method of selection of the president; and conflicting ideas on the role of the federal judiciary.

The high quality of the delegates to the convention eased the way to compromise. Only a few of the great leaders of the American Revolution were absent: Thomas Jefferson and John Adams , both future presidents, were serving as America's envoys to France and Britain , respectively; John Jay was busy as secretary of foreign affairs of the Confederation. A handful of others, including Samuel Adams , Thomas Paine , and Patrick Henry , chose not to participate, believing that the existing governmental structure was sound. Of those in attendance, the best known by far was George Washington , commander of American troops and hero of the Revolution, who presided over the convention. Benjamin Franklin , the scientist, scholar, and diplomat, was also there. So, too, were such outstanding men as James Madison of Virginia, Gouverneur Morris of Pennsylvania, and Alexander Hamilton , the brilliant young lawyer and soldier from New York .

Even the youngest delegates, still in their twenties and thirties, had already displayed political and intellectual gifts. As Thomas Jefferson in Paris wrote to John Adams in London , "It really is an assembly of demigods."

Debates on the Virginia resolutions continued. The 15 original resolutions had been expanded into 23. Since these resolutions were largely declarations of principles, on July 24 , a committee of five ( Edward Rutledge of South Carolina , Edmund Randolph of Virginia, Nathaniel Gorham of Massachusetts , Oliver Ellsworth of Connecticut , and James Wilson of Pennsylvania ) was elected to draft a detailed constitution embodying the fundamental principles which had thus far been approved. The Convention adjourned from July 26 to August 6 to await the report of this "committee of detail". This committee, in preparing its draft of a Constitution, turned for assistance to the State constitutions, to the Articles of Confederation, to the various plans which had been submitted to the Convention and other available material. On the whole, the report of the committee conformed to the resolutions adopted by the Convention, though on many clauses the members of the committee left the imprint of their individual and collective judgments. In a few instances, the committee avowedly exercised considerable discretion.

Some of the ideas embodied in the Constitution were new, but many were drawn from Classical Antiquity and the British governmental tradition of Mixed Government which was in practice among 12 of the 13 states and were advocated by the writings of Charles De Secondat, Baron De Montesquieu . The United States Constitution was partly based on ideas from the Uncodified Constitution Of The United Kingdom , such as Article 39 from the British Magna Carta of 1215 , which states:

No free man shall be arrested, or imprisoned, or deprived of his property, or outlawed, or exiled, or in any way destroyed, nor shall we go against him or send against him, unless by legal judgement of his peers, or by the law of the land.

The British Bill Of Rights (1689) also acted as a source of ideas for the United States Constitution. For example, like the British Bill of Rights, the U.S. Constitution requires jury trials, contains a right to bear arms, and prohibits excessive bail and of "cruel and unusual punishments".

The Declaration Of Independence also acted as an important guide, keeping the minds of the delegates fixed on the ideas of self-government and preservation of fundamental Human Rights . The writings of such European Political Philosophers as Montesquieu and John Locke were also influential. What they sought to create was a balanced government of checks and balances.

From August 6 to September 10 , the report of the committee of detail was
discussed, section by section, clause by clause. Details were attended to, further compromises were effected. Toward the close of these discussions, on September 8 , another committee of five ( William Samuel Johnson of Connecticut , Alexander Hamilton of New York , Gouverneur Morris of Pennsylvania , James Madison of Virginia , and Rufus King of Massachusetts .) was appointed “to revise the style of and arrange the articles which had been agreed to by the house.”

On Wednesday, September 12 , the report of the "committee of style" was ordered printed for the convenience of the delegates. For three days, the Convention compared this report with the proceedings of the Convention. The Constitution was then ordered engrossed on Saturday, September 15 , and the work was done by Jacob Shallus .

The Convention met on Monday, and George Mason of Virginia, and Elbridge Gerry of Massachusetts. Of the 39 who did sign, probably no one was completely satisfied, and their views were ably summed up by Benjamin Franklin , who said, "There are several parts of this Constitution which I do not at present approve, but I am not sure I shall never approve them." He would accept the Constitution, however, "because I expect no better and because I am not sure that it is not the best."

An amendment was agreed upon to change "the number of Representatives shall not exceed one for every forty thousand" to "the number of Representatives shall not exceed one for every thirty thousand." A paragraph making clear this change and a few minor modifications was appended to the document by Shallus, and attested to by secretary William Jackson .

The advocates of the Constitution, realizing the impending difficulty of obtaining the consent of the States to the new instrument of Government, were anxious to obtain the unanimous support of the delegations from each State. It was feared that many of the delegates would refuse to give their individual assent to the Constitution. Therefore, in order that the action of the Convention would appear to be unanimous, Gouverneur Morris devised the formula “Done in Convention, by the unanimous consent of the States present the 17th of September...In witness whereof we have hereunto subscribed our names.” Thirty-nine of the forty-two delegates present thereupon “subscribed” to the document.

A particular argument of note, during this time, was whether or not an official language for the United States should be declared. There is an innocuous line in the Constitution that partially endorses the English language, but, on the consideration that the United States is a collection of sovreign states, it is impossible to declare, as federal law, an official language. However it was decided early on in the deliberations that how goes a majority of the states, so goes the nation. At present, thirty states hold English as a declared official languge, making by default, English, the official language of the United States. The implications of this are minor at best, the only effect is upon official documents, which are required to be presented at least in English. Many other countries have similar dilemmas, and the number of nations who are capable of "officially" declaring an official language is rather small and is far outweighed by nations who have official languages by default.

RATIFICATION

The way was now set for the arduous process of ratification, that is, acceptance of the Constitution by specially constituted conventions, in at least nine states. The need for only nine states was a controversial decision at the time, since the Articles of Confederation could only be amended by unanimous vote of all the states.

The convention had been called to revise the Articles of Confederation. Instead, it reported to the Continental Congress a new Constitution. Furthermore, while the Articles specified that no amendments should be effective until approved by the legislatures of all the States, the Philadelphia Convention suggested that the new Constitution should supplant the Articles of Confederation when ratified by conventions in nine States. For these reasons, it was feared that the new Constitution might arouse opposition in Congress.

Three members of the Convention— Madison , Gorham , and King --were also Members of Congress. They proceeded at once to New York, where Congress was in session, to placate the expected opposition. Aware of their vanishing authority, Congress on September 28 , after some debate, decided to submit the Constitution to the States for action. It made no recommendation for or against adoption.

Two parties soon developed, one in opposition ( Antifederalists ), and one in support ( Federalists ), of the Constitution, and the Constitution was debated, criticized, and expounded clause by clause. Hamilton , Madison , and Jay wrote a series of commentaries, now known as the Federalist Papers , in support of the new instrument of government. These commentaries on the Constitution, written during the struggle for ratification, have been frequently cited by the Supreme Court as an authoritative contemporary interpretation of the meaning of its provisions. The closeness and bitterness of the struggle over ratification and the conferring of additional powers on the central government can scarcely be exaggerated. In some States ratification was effected only after a bitter struggle in the State convention itself.

Delaware, on December 7 , 1787 , became the first State to ratify the new Constitution, the vote being unanimous. Pennsylvania ratified on December 12 , 1787 , by a vote of 46 to 23 (66.67%), a vote scarcely indicative of the struggle which had taken place in that State. New Jersey ratified on December 19 , 1787 , and Georgia on January 2 , 1788 , the vote in both States being unanimous. Connecticut ratified on January 9 , 1788 ; yeas 128, nays 40. (76%). After it was ratified in Connecticut , a bitter debate occurred in Massachusetts . On February 6 , 1788 , Massachusetts, by a narrow margin of 19 votes in a convention with a membership of 355 (196 Votes – 55%], endorsed the new Constitution, but recommended that a bill of rights be added to protect the States from federal encroachment on individual liberties. Maryland ratified on April 28 , 1788 ; yeas 63 (85%), nays 11. South Carolina ratified on May 23 , 1788 ; yeas 149 (67%), nays 73. On June 21 , 1788 , by a vote of 57 (55%) to 46, New Hampshire became the ninth State to ratify, but like Massachusetts she suggested a bill of rights.

By the terms of the Constitution nine States were sufficient for its establishment among the States so ratifying. The advocates of the new Constitution realized, however, that the new Government could not succeed without the addition of New York and Virginia, neither of which had ratified.

Madison , Marshall , and Randolph led the struggle for ratification in Virginia. Virginia was sharply divided. Although George Washington was not present at the Virginia convention, his support for the Constitution influenced the final vote. Opposing ratification in the Richmond, Virginia convention were both George Mason , who had originally supported the Virginia Plan in Philadelphia, and Patrick Henry . The influence of James Madison and Governor Edmund Randolph , arguing for ratification, carried the state legislature on June 25 , 1788 , by a narrow margin of 10 votes in a convention of 168 members (94 Votes - 55.9%).

In New York an attempt to attach conditions to ratification almost succeeded, but on July 26 , 1788 , New York ratified, with a recommendation that a bill of rights be appended. The vote was close--yeas 30 (52.6%), nays 27, due largely to Hamilton's forensic abilities and his reaching a few key compromises with moderate anti-Federalists led by Melancton Smith . Opposition to ratification was led by Governor George Clinton .

Eleven States having thus ratified the Constitution, North Carolina added her ratification on November 21, 1789; yeas 184 (70.4%), nays 77. Rhode Island did not ratify until May 29, 1790; yeas 34 (51.5%), nays 32.) the Continental Congress--which still functioned at irregular intervals--passed a resolution on September 13 , 1788 , to put the new Constitution into operation.

THE NEW GOVERNMENT

The process of organizing the government began soon after ratification by Virginia and New York. On September 13, 1788, Congress fixed the city of New York as the seat of the new government. (The capital was moved to Philadelphia in 1790 and to Washington D.C. , in 1800.) It set Wednesday, January 7 , 1789 as the day for choosing presidential electors, the Wednesday, February 4 for the meeting of the electors to select a president, and Wednesday, March 4 for the opening session of the new Congress. Thus, March 4 , 1789 became Inauguration Day .

Under the Constitution, each state Legislature had the power to decide how presidential electors, as well as representatives and senators, would be chosen. Some states opted for direct elections by the people, others for election by the legislature, and a few for a combination of the two. Rivalries were intense; delays in setting up the first elections under the new Constitution were inevitable. New Jersey, for example, chose direct elections but neglected to set a time for closing the polls, which stayed open for three weeks.

By March 4 , 1789 , only 13 of the 59 representatives and 8 of the 22 senators had arrived in New York City . (Seats allotted to North Carolina and Rhode Island were not filled until those states ratified the Constitution.) A Quorum was finally attained in the House on April 1 and in the Senate on April 6. The two houses then met jointly to count the electoral vote.

To no one's surprise, George Washington was unanimously elected the first president, and John Adams of Massachusetts, the vice president. Adams arrived in New York on April 21, and Washington on April 23. They were sworn into office on April 30 , 1789 . The business of setting up the new government was completed.

BILL OF RIGHTS

See Also: United States Bill of Rights

The Constitution Has Been Amended 27 times since 1789, and it is likely to be further revised in the future. The most sweeping changes occurred within two years of its adoption. In that period, ten amendments, known collectively as the Bill of Rights, were added. Congress approved these amendments as a block in September 1789 and eleven states had ratified them by the end of 1791.

Much of the initial resistance to the Constitution came, not from those opposed to strengthening the federal union, but from statesmen who felt that the rights of individuals must be specifically spelled out. One of these was George Mason , author of the Virginia Declaration Of Rights , which was a forerunner of the Bill of Rights. As a delegate to the Constitutional Convention, Mason refused to sign the document because he felt it did not protect individual rights sufficiently. Indeed, Mason's opposition nearly blocked ratification by Virginia. Because of similar feelings in Massachusetts, that state conditioned its ratification on the addition of specific guarantees of individual rights. By the time the First Congress convened, sentiment for adoption of such amendments was nearly unanimous, and the Congress lost little time in drafting them.

SUBSEQUENT AMENDMENTS

Amendments to the Constitution subsequent to the Bill of Rights cover a wide range of subjects. One of the most far-reaching is the Fourteenth , ratified in 1868 , which establishes a clear and simple definition of citizenship and guarantees equal treatment under the law. In essence, the Fourteenth Amendment required the states to abide by the protections of the Bill of Rights. Other amendments have limited the judicial power of the national government; changed the method of electing the president; forbidden slavery; protected the right to vote against denial because of race, color, sex, or previous condition of servitude; extended the congressional power to levy taxes to individual incomes; and instituted the election of U.S. senators by popular vote.

The most recent amendments include the Twenty-second , limiting the President to two terms in office; the Twenty-third , granting citizens of the District Of Columbia the right to vote; the Twenty-fourth , giving citizens the right to vote regardless of failure to pay a poll tax; the Twenty-fifth , providing for filling the office of Vice President when it becomes vacant in midterm; the Twenty-sixth , lowering the Voting Age to 18; and the Twenty-seventh , concerning the compensation of U.S. senators and representatives.

VIEWS OF THE CONSTITUTION

Prior to the Civil War , Abolitionists hated the Constitution because it allowed slavery. William Lloyd Garrison famously denounced the Constitution as "a covenant with death and an agreement with Hell."

During the Gilded Age , when the United States government was swamped with corruption, there arose a view that the Constitution was defective. Woodrow Wilson 's scathing critique of the committee system and the Separation Of Powers in ''Congressional Government'' was widely read among students of political science.

In the early Twentieth Century , when the Supreme Court routinely struck down safeguards for consumers and workers as unconstitutional (see Lochner Era ), the Constitution was criticized for being such a seemingly inflexible document.

NOTES

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History Of The United States Constitution