Chapter XXVII: Section 7: Ratification and Amendments

[Sidenote: Concessions to the South.] Thus the work of the Ordinance of 1787 was in a certain sense supplementary to the work of framing the Constitution. When the latter instrument was completed, it was provided that "the ratifications of the conventions of nine states shall be sufficient for the establishment of this Constitution between the states so ratifying the same." The Constitution was then laid before the Continental Congress, which submitted it to the states. In one state after another, conventions were held, and at length the Constitution was ratified. There was much opposition to it, because it seemed to create a strange and untried form of government which might develop into a tyranny. There was a fear that the federal power might crush out self-government in the states. This dread was felt in all parts of the country. Besides this, there was some sectional opposition between North and South, and in Virginia there was a party in favour of a separate southern confederacy. But South Carolina and Georgia were won over by the concessions in the Constitution to slavery, and especially a provision that the importation of slaves from Africa should not be prohibited until 1808. By winning South Carolina and Georgia the formation of a "solid South" was prevented.

[Sidenote: Bill of Rights proposed.] The first states to adopt the Constitution were Delaware, Pennsylvania, New Jersey, Georgia, and Connecticut, with slight opposition, except in Pennsylvania. Next came Massachusetts, where the convention was very large, the discussion very long, and the action in one sense critical. One chief source of dissatisfaction was the absence of a sufficiently explicit Bill of Rights, and to meet this difficulty, Massachusetts ratified the Constitution, but proposed amendments, and this course was followed by other states. Maryland and South Carolina came next, and New Hampshire made the ninth. Virginia and New York then ratified by very narrow majorities and after prolonged discussion. North Carolina did not come in until 1789, and Rhode Island not until 1790.

[Sidenote: The first ten amendments.]

In September, 1789, the first ten amendments were proposed by Congress, and in December, 1791, they were declared in force. Their provisions are similar to those of the English Bill of Rights, enacted in 1689,[31] but are much more full and explicit. They provide for freedom of speech and of the press, the free exercise of religion, the right of the people to assemble and petition Congress for a redress of grievances, their right to bear arms, and to be secure against unreasonable searches and seizures. The quartering of soldiers is guarded, general search-warrants are prohibited, jury trial is guaranteed, and the taking of private property for public use without due compensation, as well as excessive fines and bail and the infliction of "cruel and unusual punishment" are forbidden. Congress is prohibited from establishing any form of religion.

[Footnote 31: See above, p. 190. This is further elucidated in Appendixes B and D.]

Finally, it is declared that "the enumeration of certain rights shall not be construed to deny or disparage others retained by the people," and that "the powers not granted to the United States by the Constitution, nor prohibited by it to the states, are reserved to the states respectively, or to the people."

QUESTIONS ON THE TEXT.

1. What provision did the Constitution make for its own ratification?

2. What was the general method of ratification in the states?

3. On what general grounds did the opposition to the Constitution seem to be based?

4. By what feature in the Constitution was the support of South Carolina and Georgia assured? Why was this support deemed peculiarly desirable?

5. What five states ratified the Constitution with little or no opposition?

6. What was the objection of Massachusetts and some other states to the Constitution? What course, therefore, did they adopt?

7. What three states after Massachusetts by their ratification made the adoption of the Constitution secure?

8. What four states subsequently gave in their support?

9. Give an account of the adoption of the first ten amendments.

10. For what do these amendments provide?

11. What powers are reserved to the states?