The Constitution's Four-Stage Ratification Process

• The Constitution's ratification process spanned from September 1787 to July 1788.

Four-Stage Ratification Process

• Submission of the Constitution to the Confederation Congress was the first stage.
• The second stage included Congress transmitting the Constitution to state legislatures.
• The third stage involved the election of delegates to state conventions for Constitution consideration.
• Ratification by at least nine of the thirteen state conventions was the final stage.

Reasons for the Four-Stage Process

• It reflected the political realities and principles of 1787-1788.
• It avoided hostility from state officials protective of their sovereignty.
• The Constitution was viewed as fundamental law, needing more solemn adoption than legislative approval.
• It aimed to foster a national identity by encouraging Americans to look beyond state borders.
• Proponents hoped for quick initial ratifications to build unstoppable momentum.

Potential Issues

• Claims of violating the mandate to suggest amendments to the Articles of Confederation could arise.
• The Confederation Congress might reject, rewrite, or call for a second convention.
• States could refuse to elect ratifying conventions.
• Enough state conventions might reject the Constitution, preventing its implementation.
• Failure of key states like Massachusetts, New York, Pennsylvania, and Virginia to ratify could cripple the Constitution.

Sending Out the Constitution

• On September 28, 1787, the Confederation Congress sent the Constitution to the states without endorsement after three days of debate.
• This neutral stance was a Federalist compromise to avoid controversy.
• It avoided arguments that the Constitutional Convention exceeded its authority.
• The decision shifted responsibility to the states and the people to decide its fate.
• State legislators decided to hold state conventions, which confirmed the constitution’s legitimacy.

Federalists

• They supported the Constitution.
• Argued that the nation's problems stemmed from the weak Confederation.
• Believed the Constitution was essential for preserving American liberty and independence.
• They offered a solution during a national crisis.
• Well-organized, well-financed, and accustomed to national-level thinking.
• Had the support of George Washington and Benjamin Franklin.

Anti-Federalists

• Stated that the Constitution would destroy American liberty and betray the Revolution's principles.
• Their strongest argument was the lack of a bill of rights.
• Enjoyed support from most state politicians and the public's distrust of strong central government.

The Newspaper and Pamphlet War

• Federalists and Anti-Federalists published numerous essays under classical pseudonyms.

Federalist Writings Included

• The Federalist Papers by Alexander Hamilton, James Madison, and John Jay (Publius).
• John Jay's Address to the People of the State of New York.

Anti-Federalist Writings Included

• The Letters of Brutus, attributed to Robert Yates.
• Luther Martin's Genuine Information.
• Mercy Otis Warren's Observations on the New Constitution... by a Columbian Patriot.
• The Letters from the Federal Farmer to the Republican.

State Ratifying Conventions

• Every state except Rhode Island elected a ratifying convention in 1787-1788.
• North Carolina's convention adjourned without a vote.
• The first five ratifications occurred rapidly in Delaware, Pennsylvania, New Jersey, Georgia, and Connecticut

The Massachusetts Compromise

• Delegates recommended amendments for the new Congress to consider if the Constitution took effect.
• Adams and Hancock negotiated this compromise to win support for the Constitution.
• Subsequent state conventions, except Maryland's, recommended amendments.
• By July 26, 1788, eleven states had ratified, including the four critical states.
• The lists of recommended amendments and the promise to work for amendments (particularly a bill of rights), set in motion the process by which the Bill of Rights was added to the Constitution in 1789-1791.

Takeaways

• Ratifying the Constitution involved both political battles and deep constitutional debate.
• Marked the first time a nation's people freely chose their government.
• Was America’s first national political controversy.
• Ratification fostered a sense of national identity and a national political community.
• Debates over ratification shaped political discourse and continue to influence discussions about the Constitution today.
• The 1787-1788 argument is considered one of the most significant and impactful moments in American political history.

The ratification of the Constitution involved four stages, including submission to Congress, transmission to state legislatures, election of convention delegates, and ratification by at least nine states. This process reflected political realities, avoided state sovereignty issues, and fostered a national identity. Proponents aimed for quick initial ratifications to build momentum.