Chapter 13: Adding a Bill of Rights and ratification

Still the contest it is not all the way over, for what remains is “ratification” by the public in each of the states. While the Articles of Confederation demanded unanimity here, the Philadelphia delegates fear that bar may be too high, and set the target at nine of the twelve states that participated in the tribunal (with the thirteenth, Rhode Island, having never attended). The Anti-Federalists are angered by this compromise, and Mason follows by once again demanding that the states offer their own “amendments” in the process. This request is grudgingly approved and ratification begins in earnest.

The campaign to support the constitution centers on The Federalist Papers, a series of 85 articles written by three men: Hamilton, who authors fifty-one, Madison with twenty-six and John Jay with five. These prove effective, and by early January 1788, five states sign on. That still leaves three big states on the horizon, Massachusetts, New York and Virginia. Governor John Hancock tips the balance in Massachusetts, which goes 187-168 in favor. Maryland and South Carolina quickly follow suit, and when New Hampshire votes yes on June 25, 1788, the “nine vote” hurdle is cleared. But none of the Founders will breathe easily until Virginia and New York are on board. In both states the Anti-Federalists fight hard in opposition to the document as written. An early tie vote in Virginia swings to in favor with support from John Randolph. In New York the battle runs for thirty-nine days before passage on July 26 by a 30-27 majority. The rest is mere formality with North Carolina (November 1788) and Rhode Island (May 1790) bringing up the rear.

Along with passage, however, comes a flood of some 192 proposed “amendments” so sought after by the Anti-Federalists. Ominously, a sizable number wish to eliminate the national government’s authority to collect taxes from the sovereign states. Others call for adding more seats in the House, setting term and pay limits on those serving and blocking creation of the standing army.

The job of sorting these through falls to James Madison, despite his strong opposition to them in Philadelphia. He first divides them into two buckets — those that relate to the basic framework of the government vs. those that concern individual liberties – and then discards the former in favor of the latter. After his first attempt to narrow the list to nineteen is rejected by the Federalist wing, he arrives at twelve and then ten, which become known as the American Bill of Rights. These are approved by Congress on September 25, 1789, but not ratified until two years later on December 15, 1791 when Virginia becomes the tenth state to approve.

The “Bill of Rights” – First Ten Amendments to the U.S. Constitution

Just over four and one-half years have passed since the opening gavel fell at the Philadelphia convention, but in the end, thirteen sovereign states have become a new national Union. 

E pluribus unum. Out of many, one.