The Debate Over Ratification

Federalists versus Anti-federalists

CICERO © 2011

“By the People”

• John Adams’ Massachusetts Constitution is the oldest functioning constitution in the world.

• The American Constitution is the second oldest.

• What do both of these documents have in common?

CICERO © 2011

“. . . A Government of Laws, and Not of Men”

• When constitutions are created by legislatures, the constitution is subservient to the legislature.

• In Contrast, both the Massachusetts and U.S. Constitutions are superior to the legislature, since they had come from the people.

• Many legislatures have created constitutions, only to change them – or do away with them – after a fickle 51% vote.

• As a result, these constitutions never lasted very long.

• The founders wanted to create a document that would stand the test of time.

CICERO © 2011

Important Clarification!

• The federalists in this debate are not necessarily the Federalist Party that formed in the 1790s, though many in this movement do join the Federalist Party.

• Here, “federalist” refers to a loose movement and should not be capitalized since it is not a proper noun.

• Likewise, “anti-federalist” refers to a very loose movement and not a proper noun.

CICERO © 2011

The Federalists

• Those who favored ratification of the Constitution were known as federalists.

• Noteworthy founders such as George Washington, Ben Franklin, Gouverneur Morris and James Wilson supported ratification.

• Alexander Hamilton, James Madison and John Jay went so far as to write serious letters to New York Newspapers answering anti-federalist attacks and outlining reasons to ratify the Constitution.

CICERO © 2011

Hamilton

Madison

Jay

The Federalists

• The 85 letters written by Hamilton, Madison, and Jay became known as The Federalist Papers.

• Written between September 1787 and August 1788, the letters were an attempt to convince New Yorkers to ratify the Constitution.

• Most of the letters were published in The New York Packet and The Independent Journal.

All 3 authors used the penname Publius in honor of the Roman consul who helped overthrow the Roman monarchy and

establish the Roman Republic in 509 B.C.

CICERO © 2011

The Anti-federalists• Anti-federalists fought against

the ratification of the Constitution.

• They believed that the Articles of Confederation could be strengthened.

• They ardently believed that states’ powers must be preserved in a weak union of states.

• Some notable anti-federalists included Samuel Adams, Patrick Henry, George Mason, and Thomas Paine.

CICERO © 2011

Adams Henry

Mason Paine

The Anti-federalists

• The anti-federalist papers were a series of editorials critical of the Constitution. – some argued that a strong

federal government would encroach too much on states’ powers.

– others worried the federal government posed a threat to the individual rights of citizens.

• Unlike, The Federalist Papers, these letters were written ad hoc, with no real coordinated effort.

Anti-federalists used a variety of pennames. It is widely believed, for

example, that Richard Henry Lee wrote as the “Federal Farmer.”

CICERO © 2011

Polarization

federalists

• wanted a stronger central government

• believed that since the Constitution only gave the central government a limited number of enumerated powers, it would not be able to infringe on most states’ powers or individual rights.

anti-federalists

• wanted power to reside with the states.

• demanded a bill of rights that would list the state powers and individual rights guaranteed by the Constitution to ensure that the federal government could never infringe upon those rights.

CICERO © 2011

Ratification of the Constitution made many Americans rethink just what the new United

States should look like.

Ratification!

• In the end, the federalists were able to achieve victories in enough states to ratify the Constitution.

• For their part, anti-federalists were able to convince legislators to adopt a Bill of Rights to protect the rights of citizens.

• The Bill of Rights was presented by James Madison to the first U.S. Congress as a series of Constitutional amendments.

The first ten amendments to the Constitution are referred to

collectively as the Bill of Rights.

CICERO © 2011

A Built-in Safeguard• An amendment process was built into the structure of the

Constitution because the Founders recognized that times change and laws should be able to change with the times.

• They did not, however, want the Constitution changed on a whim: – They wanted to make sure a super majority of Americans wanted to

change the Constitution before a change could be made.

– They did not want a quick 51% vote of a legislature to have the power to make any changes.

• Therefore, the amendment process is long and drawn out – by design.

• To date, there have only been 27 amendments added to the Constitution.

CICERO © 2011