The Constitution: “The Republican Experiment”

Americans tend to take our Constitution for granted, assuming in retrospect that “Of course it was adopted—Why wouldn't it have been?” The Constitution came perilously close to not being ratified, however, and if less than 5% of all votes cast in the state conventions had changed, it would not have been. Furthermore, the votes in several keys states were extremely close. For example:

  • Virginia: 89-79. If five votes out of 165 had changed, Virginia, the largest and most important state would have been out.
  • New York: 30-27. Two votes change and the “Empire State” was out.
  • Massachusetts: 187-168. Ten votes out of 355 cast change and Massachusetts, the “Cradle of the Revolution,” would have stood outside the Union.

Some historians have speculated that if the Constitution had been put to a popular vote, it would have failed ratification. Why? Why was there so much skepticism? A few reasons:

    1. The Constitution granted more power to the national government than King George had ever wielded over the colonies.
    2. It was a radical departure from the federal system of the Articles of Confederation, under which the states had retained their “sovereignty, freedom and independence”; the Articles created more of a “united nations of North America” than a national government, and the states were very reluctant to give up that local power.
    3. The Constitution created a strong executive, which did not exist under the Articles. Patrick Henry said, “It squints towards monarchy.”

Even after the Constitution was adopted, it was uncertain exactly how it would be interpreted and followed. In 1798, in response to the Sedition Act of that year, Kentucky passed a resolution stating in part “that the several States composing the United States of America, are not united on the principle of unlimited submission to their general government ... ” As it had been during the debates over ratification, states' rights was an issue and would remain so until well after the Civil War.

Today we consider our Constitution the bedrock of our liberties, and indeed it has served the nation well. Amended only 27 times in over 200 years, including the “Bill of Rights” and several amendments of lesser consequence, the document has never been altered to change the fundamental structure of our government.

THE ROAD TO PHILADELPHIA

The first meeting at which a modification of government under the articles was discussed occurred at Mt. Vernon. George Washington and others felt that the Articles did not provide an efficient structure for advancing the business and commerce of the country. It was obvious that the Articles of Confederation were not working; better state cooperation was needed for economic ventures and the ensure domestic tranquility--as witnessed by Daniel Shays's rebellion in Massachusetts. Thus a convention was called in Annapolis in 1786—the roles of Washington, Madison and Hamilton were key in their proposals. As only about half the states were represented, nothing definitive was accomplished, but the leaders of the meeting did persuade Congress to call a convention for May, 1787, in Philadelphia to amend the Article of Confederation.

THE PHILADELPHIA CONVENTION [See Catherine Drinker Bowen, Miracle at Philadelphia.]

The Founding Fathers: a gathering of “demigods”
The “Fate of Republican Government” was in their hands
A Federal System with firm national power.
The Will of the People or the Tyranny of the Majority?
The Virginia Plan and the New Jersey Plan
What to do with the Articles of Confederation
Madison's role: “Father of the Constitution”—a deserved epithet.
A national Government with States’ Rights
The Need for Concessions
The Great Compromise
The 3/5 compromise

THE FINAL DOCUMENT OF 1787

Article I: The Legislature
Article II: The Executive
Article III: The Judiciary
Article IV: Reserved Rights
Articles V-VII: Amendment, Implementation and Ratification
The Amendments: Fine Tuning the System

  • Amendments 1-10: The Bill of Rights
  • The “Civil War Amendments”
  • Later Amendments XVI through XXVII

Federalists (pro-Constitution) and Anti-Federalists (opposed to Constitution)

RATIFICATION a near thing: In Massachusetts, Virginia and New York less than a 5% change in votes out of over 1500 cast would have defeated ratification: unlikely it would have passed a popular vote.