History of the United States Constitution

This article discusses the history of the United States Constitution.

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. Delaware was the first to ratify, followed swiftly by Pennsylvania, New Jersey and Georgia. Of these four states the vote for ratification was unanimous in the three least populous states (excluding Pennsylanvia). After it was ratified in Connecticut by a large majority, a bitter debate occurred in Massachusetts. The state finally ratified the Constitution, by a narrow margin, with a strong recommendation that a bill of rights, guaranteeing certain fundamental rights, be added to the Constitution. The rights held to require such explicit protection included freedom of religion, speech, press, and assembly; the right to trial by jury; and the prohibition of unreasonable searches or arrests. A number of other states added similar provisos, and the result of this pressure--along with support from Thomas Jefferson--was incorporation in the Constitution of the first ten amendments drafted by James Madison, now known as the Bill of Rights (see below), in 1791.

Related Topics:
Delaware - Pennsylvania - New Jersey - Georgia - Connecticut - Massachusetts - Bill of rights

~ ~ ~ ~ ~ ~ ~ ~ ~ ~

By late June 1788, Maryland, South Carolina, and New Hampshire had given their consent, satisfying the requirement for ratification by two-thirds of the states, or nine. Legally, the Constitution was in force. But two powerful and pivotal states, New York and Virginia, remained undecided, as did the two other states of North Carolina and Rhode Island. It was clear that without the consent of New York and Virginia, the Constitution would stand on shaky ground.

Related Topics:
1788 - Maryland - South Carolina - New Hampshire - New York - Virginia - North Carolina - Rhode Island

~ ~ ~ ~ ~ ~ ~ ~ ~ ~

Virginia was sharply divided, but the influence of James Madison and Governor Edmund Randolph, arguing for ratification, carried the state legislature by a narrow margin on June 26, 1788. Although George Washington was not present at the Virginia convention, his support for the Constitution also 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.

Related Topics:
Richmond, Virginia - George Mason - Patrick Henry

~ ~ ~ ~ ~ ~ ~ ~ ~ ~

The New York convention narrowly voted for approval on July 26, due largely to Hamilton's forensic abilities and his reaching a few key compromises with moderate "antifederalists" led by Melanton Smith. Opposition to ratification was led by Governor George Clinton.

~ ~ ~ ~ ~ ~ ~ ~ ~ ~

In New York, Alexander Hamilton, James Madison, and John Jay combined to produce a remarkable series of written arguments for the Constitution, The Federalist Papers that were influential in both the Virginia and New York ratification debates. The Federalist Papers are still widely read, discussed, and cited in legal circles and in colleges across the nation. In November 1789, North Carolina added its approval. Rhode Island held out until 1790, when its position as a small and weak state hedged in by a large and powerful republic became untenable.

~ ~ ~ ~ ~ ~ ~ ~ ~ ~

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 the first Wednesday in January 1789 as the day for choosing presidential electors, the first Wednesday of February for the meeting of the electors to select a president, and the first Wednesday of March for the opening session of the new Congress.

Related Topics:
Philadelphia - Washington D.C. - Wednesday

~ ~ ~ ~ ~ ~ ~ ~ ~ ~

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.

~ ~ ~ ~ ~ ~ ~ ~ ~ ~

The full and final implementation of the Constitution was set for March 4, 1789. But by that time, 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.

Related Topics:
April 30 - 1789

~ ~ ~ ~ ~ ~ ~ ~ ~ ~