Ratification by 9 of the 13 states enacted the new government. But at the time, only 6 of 13 states reported a pro-Constitution majority. The Anti-Federalists fought hard against the Constitution because it created a powerful central government that reminded them of the one they had just overthrown, and it lacked a bill of rights. The ratification campaign was a nail-biter. What Does it Say? How Was it Made?
Top Skip to main content. Concern about the Articles of Confederation Just a few years after the Revolutionary War, James Madison, Alexander Hamilton, and George Washington feared their young country was on the brink of collapse.
These provisions were unpopular and many states blocked their enforcement. This led to British refusal to vacate military forts in U. Additionally, after the war, British traders flooded U. Southern delegates to the Confederation Congress wanted to lift this ban, while coastal merchants, especially in the northeast, were willing to make concessions in exchange for a treaty with otherwise favorable commercial terms.
The large majorities necessary for ratification of such measures under the Articles of Confederation often resulted in the deadlock along sectional lines between North and South. In attempting to resolve such issues, as well as problems arising from the payment of debts from the Revolutionary War and other domestic issues, the delegates to the Constitutional Convention created a model of government that relied upon a series of checks and balances by dividing federal authority between the Legislative, the Judicial, and the Executive branches of government.
The framers of the Constitution had originally imagined a weak presidency and a strong legislature divided into a House of Representatives and the Senate. In , Alexander Hamilton , a lawyer and politician from New York , called for a constitutional convention to discuss the matter.
The Confederation Congress, which in February endorsed the idea, invited all 13 states to send delegates to a meeting in Philadelphia. On May 25, , the Constitutional Convention opened in Philadelphia at the Pennsylvania State House, now known as Independence Hall, where the Declaration of Independence had been adopted 11 years earlier. There were 55 delegates in attendance, representing all 13 states except Rhode Island , which refused to send representatives because it did not want a powerful central government interfering in its economic business.
Many had served in the Continental Army, colonial legislatures or the Continental Congress known as the Congress of the Confederation as of In terms of religious affiliation, most were Protestants.
Eight delegates were signers of the Declaration of Independence, while six had signed the Articles of Confederation. Political leaders not in attendance at the convention included Thomas Jefferson and John Adams , who were serving as U. John Jay , Samuel Adams and John Hancock were also absent from the convention.
Reporters and other visitors were barred from the convention sessions, which were held in secret to avoid outside pressures. The delegates had been tasked by Congress with amending the Articles of Confederation; however, they soon began deliberating proposals for an entirely new form of government. After intensive debate, which continued throughout the summer of and at times threatened to derail the proceedings, they developed a plan that established three branches of national government—executive, legislative and judicial.
A system of checks and balances was put into place so that no single branch would have too much authority. The specific powers and responsibilities of each branch were also laid out. Among the more contentious issues was the question of state representation in the national legislature. Delegates from larger states wanted population to determine how many representatives a state could send to Congress, while small states called for equal representation.
The issue was resolved by the Connecticut Compromise, which proposed a bicameral legislature with proportional representation of the states in the lower house House of Representatives and equal representation in the upper house Senate.
Another controversial topic was slavery. For the purposes of taxation and determining how many representatives a state could send to Congress, it was decided that enslaved people would be counted as three-fifths of a person. On September 17, George Washington was the first to sign the document.
Of the 55 delegates, a total of 39 signed; some had already left Philadelphia, and three—George Mason and Edmund Randolph of Virginia , and Elbridge Gerry of Massachusetts—refused to approve the document. In order for the Constitution to become law, it then had to be ratified by nine of the 13 states. Indeed, they enshrined the institution of slavery within their new Constitution.
It was impossible to discuss questions relating to the apportionment of representation without confronting the fact that the slave population of the South—whether conceived of as residents or property—would affect the calculations for representation. The final resolution of that issue—the Three-Fifths Compromise, a formula by which slaves would be counted as three-fifths of a person in apportioning both representation and taxation—was a purely mechanical and amoral calculation designed to produce harmony among conflicting interests within the Convention.
As many disgruntled delegates pointed out, it had little basis either in logic or morality, but in the end, the need for a consensus on the issue, however fragile that compromise might be, outweighed all other considerations. The debate over the future of the international slave trade was in many respects even more depressing than that which culminated in the Three-Fifths Compromise. Only the delegates from South Carolina and Georgia were determined to continue what most other delegates believed to be an iniquitous trade, yet their insistence that the trade continue for at least another twenty years carried the day.
However troubled delegates from the other states may have been, their concern for harmony within the Convention was much stronger than their concern for the fate of those Africans whose lives and labor would be sacrificed by the continuation of the slave trade.
Between and the number of African slaves imported into the United States exceeded ,, only about 50, fewer than the total number of slaves imported to America in the preceding years! That decision would prove to be one of the most serious mistakes made by the men who drafted the Constitution.
When Thomas Jefferson—then serving as ambassador to France—received a copy of the completed Constitution from James Madison, he was unable to contain his unhappiness at the absence of a bill of rights. When the final draft of the Constitution was submitted to the people of the states for their approval, the absence of a bill of rights quickly emerged as one of the most serious objections to the proposed plan of union.
If many of the supporters of the Constitution subsequently had not promised that they would quickly work to add a bill of rights to the Constitution once the new government commenced operation, it is likely that the document would have failed to gain the approval of the nine states necessary for its ratification.
Ironically, the person who took the lead in drafting a bill of rights in the first Congress was James Madison, who had opposed adding a bill of rights not only during the Convention, but also during the debate over ratification in his state of Virginia. Nor was that the only occasion when the American people, acting through their representatives both in Congress and in their states, sought to further perfect the American union. The United States Constitution, which initially consisted of some 4, words on four parchments pages, is now a document with nearly 8, words, some of which advance the notion of equality not only for former slaves through the Reconstruction Amendments enacted after the Civil War, but also for women through the Nineteenth Amendment of As the Convention prepared to adjourn, the delegates were hardly of one mind about many of the specifics of the Constitution they had created.
As the delegates made their decisions about whether to sign the Constitution on September 17, , there was little certainty among them about how this balancing act would work in practice, but they had at least made a start in creating a framework within which issues of state and national power could be negotiated.
From such an assembly can a perfect production be expected?
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