The Debate for the United States Constitution (2024)

The transition from the Articles of Confederation to the United States Constitution wasn't a seamless one, and fixing the problems of the Articles of Confederation required a series of lengthy debates both during and after the convention. But one thing wascertain, something had to be changed. Fifty-five Delegates met at the ConstitutionalConvention of 1787 to determine how best to adjust the existing document.

The Weaknesses of the Articles of Confederation were:

1. Each state only had one vote in Congress, regardless of size
2. Congress didn't have the power to tax, or to regulate foreign and interstate commerce
3. There was no executive branch to enforce any acts passed by Congress
4. There was no national court system
5. Amendments to the Articles of Confederation required a unanimous vote
6. Laws required a 9/13 majority to pass in Congress

These weaknesses introduced a great deal of interstate conflict, something that delegates, through the drafting of the Constitution, tried their best to solve. However,under the Articles, when the Founding Fathers signed the Constitution in 1787, itneeded the ratification from nine states before it could go into effect. This was not easy.And the push for ratification brought on a seemingly endless barrage of documents,articles, and pamphlets both supporting and opposing it.

There were two sides to the Great Debate: the Federalists and the Anti-Federalists.The Federalists wanted to ratify the Constitution, the Anti-Federalists did not. One ofthe major issues these two parties debated concerned the inclusion of the Bill of Rights.The Federalists felt that this addition wasn't necessary, because they believed that theConstitution as it stood only limited the government not the people. The Anti-Federalists claimed the Constitution gave the central government too much power, andwithout a Bill of Rights the people would be at risk of oppression.

The Federalists

Led by Alexander Hamilton, albeit secretly at first, the Federalists were the first politicalparty of the United States. They supported the Constitution, and attempted to convincethe States to ratify the document. Hamilton, along with JohnJay and James Madison, anonymously published a series ofessays known as the Federalist Papers under thepseudonym "Publius."

Both Hamilton and Madison argued that the Constitutiondidn't need a Bill of Rights, that it would create a "parchmentbarrier" that limited the rights of the people, as opposed toprotecting them. However, they eventually made theconcession and announced a willingness to take up the matterof the series of amendments which would become the Bill ofRights. Without this compromise, the Constitution may neverhave been ratified by the States.

Surprisingly enough, it was Federalist James Madison who eventually presented the Bill of Rights to Congress despite his former stance on the issue.

The Anti-Federalists

In the ratification debate, the Anti-Federalists opposed to the Constitution. Theycomplained that the new system threatened liberties, and failed to protect individualrights. The Anti-Federalists weren't exactly a united group, but instead involved manyelements.

One faction opposed the Constitution because they thought stronger governmentthreatened the sovereignty of the states. Others argued that anew centralized government would have all the characteristics ofthe despotism of Great Britain they had fought so hard toremove themselves from. And still others feared that the newgovernment threatened their personal liberties.

During the push for ratification, many of the articles inopposition were written under pseudonyms, such as "Brutus," "Centinel", and "Federal Farmer," but some famousrevolutionary figures such as Patrick Henry came out publiclyagainst the Constitution.

Although the Anti-Federalists were unsuccessful in the prevention of the adoption of theConstitution, their efforts were responsible for the creation and implementation of theBill of Rights.

Reaction in the States

In Rhode Island resistance against the Constitution was so strong that civil war almostbroke out on July 4, 1788, when anti-federalist members of the Country Party led byJudge William West marched into Providence with over 1,000 armed protesters.

Although not all of the States underwent the extreme of the Rhode Island case, many ofthem had a bit of difficulty deciding which side they were on. This uncertainty played amajor role in the ratification convention in Massachusetts. Finally, after long debate, acompromise (the "Massachusetts Compromise") was reached. Massachusetts wouldratify the Constitution, and in the ratifying document strongly suggest that theConstitution be amended with a bill of rights.

Four of the next five states to ratify, including New Hampshire, Virginia, and New York,included similar language in their ratification instruments. As a result, after theConstitution was enacted, Congress sent a set of twelve amendments to the states. Tenof these amendments were immediately ratified into the Bill of Rights.

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