On September 17, 1787, 39 delegates signed the new Constitution in Philadelphia. Three delegates who stayed to the end refused: George Mason and Edmund Randolph of Virginia, and Elbridge Gerry of Massachusetts. Their refusal previewed the fight to come. The document now went to the states, and for almost a year Americans argued in newspapers, pamphlets and conventions over whether to accept it.
The rules of the fight
Article VII said the Constitution would take effect once special conventions in nine of the thirteen states ratified it. That bypassed both the Articles of Confederation, which needed every state to agree to amendments, and the state legislatures. Supporters called themselves Federalists. Their opponents became known as Anti-Federalists, though many were open to giving the national government more power.
The Federalist case
Federalists argued that the Articles had left Congress unable to tax, pay debts or regulate trade, and that a stronger national government was needed to hold the union together. Their best-known defense was The Federalist Papers, 85 essays printed in New York newspapers under the name "Publius". Alexander Hamilton wrote the most, James Madison many and John Jay five.
- Federalist No. 10: Madison argued that a large republic, with many competing factions, protects liberty better than a small one, because no single faction can easily dominate.
- Federalist No. 51: separation of powers and checks and balances let each branch resist the others.
- Federalist No. 84: Hamilton argued that a bill of rights was unnecessary because the government had only the powers listed.
The Anti-Federalist case
Anti-Federalists, among them Patrick Henry, George Mason and the essayist "Brutus" (long identified as Robert Yates of New York, though some scholars credit Melancton Smith), feared a consolidated government that would swallow the states. They pointed to the Necessary and Proper Clause, the Supremacy Clause, the power to tax and the possibility of a standing army. Many, following Montesquieu, believed a republic could only survive in a small territory where representatives stayed close to the people. Above all, they objected that the Constitution had no bill of rights.
Support tended to follow geography and interest. Many merchants and people in cities and coastal areas backed ratification, while many small farmers and backcountry communities opposed it, though there were plenty of exceptions.
State by state
Delaware ratified first, unanimously, on December 7, 1787. In Massachusetts, the convention ratified narrowly in February 1788 while recommending amendments, and several later states followed that model. New Hampshire became the ninth state on June 21, 1788, but the new government needed Virginia and New York, and both ratified narrowly in the weeks that followed. North Carolina and Rhode Island held out until after Washington's inauguration.
The Bill of Rights as the settlement
In the First Congress, Madison, who had once doubted a bill of rights was needed, introduced amendments in 1789. Ten were ratified by December 1791 as the Bill of Rights. The Tenth Amendment, reserving undelegated powers to the states or the people, answered a central Anti-Federalist fear. In that sense, both sides shaped the Constitution that took effect.
How historians see it
In 1913 Charles Beard argued in An Economic Interpretation of the Constitution of the United States that the framers' economic interests drove the Constitution. Historians such as Robert E. Brown and Forrest McDonald challenged his evidence in the 1950s. Many historians now stress ideas about republican government as well as interests, and treat the Anti-Federalists as serious thinkers rather than simply losers.
Common mistakes students make
- Mixing up the Federalists of 1788 with the Federalist Party of the 1790s. Madison was a Federalist in the ratification debate, then helped lead the Democratic-Republicans against Hamilton.
- Saying the Anti-Federalists wanted no national government. Many wanted a stronger union, but with more power left to the states and a bill of rights.
- Saying the Constitution needed all thirteen states. Article VII required nine.
- Treating the Bill of Rights as part of the original Constitution. It was added later, as amendments, in 1791.
Frequently asked questions
What was the main difference between Federalists and Anti-Federalists?
Federalists wanted to ratify the Constitution and create a stronger national government; Anti-Federalists feared it gave the national government too much power and lacked a bill of rights.
Who wrote the Federalist Papers?
Alexander Hamilton, James Madison and John Jay, writing together under the pen name "Publius".
Did the Anti-Federalists lose?
They lost the vote on ratification, but their pressure produced the Bill of Rights, including the Tenth Amendment.
Why did Federalists agree to a bill of rights?
Promising amendments won over doubters in closely divided states and helped head off calls for a second convention.
Try it
Say each answer before you flip the card. Then write two sentences: one a Federalist would say about Federalist No. 10, and one a Brutus reader would say in reply. What changed, and why then?
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