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Home : History & Biography : History Study Guides : American : The Constitution (1781–1815) : The Federalist Papers and the Bill of Rights: 1788–1791
The
Federalist Papers and
the Bill of Rights: 1788–1791
Events
1787 -
First Federalist Papers are published
1788 -
Nine states ratify the new Constitution
1789 -
George Washington becomes the first U.S. president
1791 -
Bill of Rights is ratified
Key People
Alexander Hamilton -
New York statesman who ardently supported the Constitution; coauthor
of the Federalist Papers
James Madison - Virginia
lawyer; coauthor of the Federalist Papers; congressional sponsor of
the Bill of Rights
John Jay - New
York lawyer; coauthor of the Federalist Papers; first chief justice
of the Supreme Court Ratification of the Constitution
The Articles of Confederation stipulated that all thirteen
states had to ratify any new constitution for it to
take effect. To circumvent this hurdle, the delegates included in
the new Constitution a section outlining a new plan for ratification.
Once nine of the thirteen states had ratified the document (at special
conventions with elected representatives), the Constitution would
replace the Articles in those nine states. The delegates figured
correctly that the remaining states would be unable to survive on
their own and would have to ratify the new document as well. Federalists vs. Anti-Federalists
Debates erupted throughout the states about whether the
new Constitution was an improvement. On one side were the Federalists, who
favored the Constitution and a strong central government. The Federalists
counted among their number many of the wealthier, propertied, and
more educated Americans, including John Adams, George Washington,
Benjamin Franklin, James Madison, and Alexander Hamilton, among
others.
On the other side were the Anti-Federalists,
who favored a weaker central government in favor of stronger state
legislatures. Not all of them liked the Articles of Confederation,
but none of them wanted the new Constitution to be ratified. Generally
from the poorer classes in the West, but also with the support of
patriots like Samuel Adams and Patrick Henry, the Anti-Federalists
feared that a stronger national government would one day destroy
the liberties Americans had won in the Revolution. They worried
that the new Constitution didn’t list any specific rights for the
people. A Federalist Victory
Several of the smaller states quickly ratified
the Constitution because it gave them more power in the new legislative
branch than they had under the Articles of Confederation. Other
ratifying conventions didn’t end so quickly or peacefully.
Riots broke out in several cities in 1787,
and public debates between Federalists and Anti-Federalists were
heated.
By mid-1788,
nine states had ratified the Constitution, thus making it the new
supreme law of the land in those nine states. Though the remaining
four states—New York, Virginia, North Carolina, and Rhode Island—had
Anti-Federalist majorities who hated the new Constitution, they
knew they couldn’t survive for long without the other nine states. Virginia, North Carolina, and Rhode Island
Just as the final four states knew they couldn’t survive
without the other nine, the other nine realized they couldn’t thrive
without the final four. The Federalists had succeeded in putting
the Constitution into effect, but they knew the new national government
would lack legitimacy unless all the states were on board. Ardent
Federalists campaigned for the Constitution in the remaining states,
and in time, Virginia, North Carolina, and Rhode Island ratified
it by narrow margins. The Federalist Papers
The most difficult battle was waged in New York. Although
New York eventually became the eleventh state to ratify the new
Constitution, it was heavily Anti-Federalist, and victory was by
no means assured at the outset.
In support of the Constitution, Alexander Hamilton, James
Madison, and John Jay published a series of
anonymous essays now known as the Federalist Papers.
These propaganda essays extolled the benefits of a strong central
government and allayed fears about civil liberties. Well written
and persuasive, the essays are now regarded as some of the finest
writings on American politics and republicanism.
Though many political philosophers in the 1700s
had argued that republican government was impossible for large countries
with diverse populations, the writers of the Federalist Papers argued
the opposite. In their now-famous tenth essay (Federalist
No. 10), Madison wrote that factionalism
would not be a problem in a large republic precisely because everyone
would have different interests. In other words, people would be
so busy pursuing their own interests that emerging factions would
cancel each other out, allowing freedom and republicanism to prevail. The Federalist Papers and New York
It’s debatable whether the Federalist Papers had any significant impact
on New York voters. Some historians point out that New Yorkers,
like those in other states, based their votes on economic interests.
Generally, those who stood to gain from a strong central government
(such as merchants, shippers, and those who lived on the eastern
seaboard) supported the Constitution, while those who would not
gain (principally farmers) voted against it.
Perhaps more significant to New York State than the Federalist Papers
was Alexander Hamilton’s warning that the New York City government
might secede from the state and join the Union on its own unless
the state ratified the Constitution too. The Bill of Rights
Despite the Federalist Papers, most New Yorkers, North
Carolinians, Virginians, and Rhode Islanders agreed to ratify the
Constitution only if the document was amended to include a list
of undeniable rights and liberties of the people. The
new Congress kept its promise to do so and in 1791 established
a committee to draft a Bill of Rights. Much of this
work was done by James Madison, who sponsored the Bill
of Rights in Congress. Congress added these rights to the Constitution
as the first ten amendments later that year. Major Amendments
The First Amendment guarantees freedom of
religion, speech, press, assembly, and petition. The Second
Amendment protects the right to bear arms. The Fifth and Sixth
Amendments guarantee the right of every person to trial by
jury and safeguard the rights of the accused.
The Ninth Amendment stipulates that the Bill
of Rights is not an exhaustive list and that the American people
have rights beyond than those expressly stated in the Constitution.
Finally, the Tenth Amendment states that all powers
not granted to the new federal government are reserved for the individual
states and the people. |
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