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Ratification
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US Constitution – Ratification and the Bill of Rights, 1787-91
This course picks up just after the proposal of a new US Constitution by the Constitutional Convention held in Philadelphia during the summer of 1787. We begin in the first lecture by exploring the process of state ratification and its significance, before moving on in the second lecture to the debate between the Federalists and Antifederalists over the proposed new Constitution. In the third lecture, we ask the question “Why did the Federalists win?” given the likelihood that the majority of the American population opposed the constitution at this time. In the fourth lecture, we analyse the Antifederalists’ key contribution to the constitutional project: the Bill of Rights. In our fifth and final lecture we conclude with some comments about the 1776 Declaration of Independence and the enduring US Constitution.
Ratification
In this module we explore the process of ratification and its significance, focusing in particular on: (i) the significance of the fact that while the previous Articles of Confederation had required the assent of all states to a change of this magnitude, the US Constitution required only nine special state conventions to vote in its favour; (ii) the significance of the openness of state ratifying conventions, in contrast to the elite and closed-off nature of the 1787 Constitutional Convention; (iii) the importance of the theory of popular sovereignty as encapsulated by the famous phrase “We the People”.
Hello.
00:00:06I'm Frank Galeano, professor of American history at the University of Edinburgh.
00:00:07In this lecture,
00:00:10I'm going to talk about the debates within
00:00:12the United States over the proposed federal constitution between
00:00:1317 87 and 17 89 when a series of conventions were held across the United States to,
00:00:17um to consider and approve or disapprove of the Constitution that came out of
00:00:24the that arose from the constitutional Convention in the summer of 17 87.
00:00:30So in this section, I want to say a few words about the ratification process.
00:00:36As I intimated in my last lecture,
00:00:40the Constitutional Convention itself didn't have any legal status,
00:00:42Didn't have any legal standing, Um, when it met.
00:00:46So it was basically, if you will, a meeting of interested parties.
00:00:50These were politically engaged, um, influential figures, but
00:00:56they didn't necessarily. They weren't they weren't meeting.
00:01:01They weren't called to meet by anyone. They got together.
00:01:04They produced a constitution,
00:01:07and they then sent it to the United States Congress to consider.
00:01:08And they recommended that the Congress should send it out to the various states.
00:01:13There were then 13 states in the United States. The original 13 States
00:01:16and
00:01:20those states should hold special ratifying conventions.
00:01:21And those ratifying conventions
00:01:25should approve the Constitution. And when nine states approved the Constitution,
00:01:27it would replace the articles of confederation
00:01:31and come into force. And in that way, the Constitution.
00:01:34The new constitution would replace the old Constitution,
00:01:38the articles of confederation.
00:01:41Again.
00:01:43I want to stress they're changing the rules
00:01:44here because the rules were essentially impossible.
00:01:46Under the old articles of confederation,
00:01:49Unanimous consent was required to approve changes to the system.
00:01:51And what the Constitutional Convention was proposing was that
00:01:54it totally a whole wholly new constitution should be
00:01:59considered and that it should take effect once two thirds,
00:02:02nine states out of 13 had approved it.
00:02:07This is different from what the articles of confederation have required,
00:02:09and so they're changing the rules in order as they see it,
00:02:12to make sure that the Constitution would get a fair hearing.
00:02:16The constitution, however, begins, and I in my prior lecture, I intimated this that
00:02:20this is a strange document in the sense that it's a um
00:02:24at some level can be read as an attempt to
00:02:29curb democracy and democratic excess in the new United States.
00:02:31Yet the framers of the Constitution recognised that they needed some kind of
00:02:35popular support if the document were to have any kind of credibility,
00:02:41and so they were appealing directly to the American people to get them to approve
00:02:45this constitution, which essentially would take power away from the States.
00:02:50It begins with an interesting statement,
00:02:54though the preamble to the United States Constitution and the first letters.
00:02:57If you go and look at it online, you can see them. The the the actual document.
00:03:00The first letters are in kind of bold script, and they say it says we,
00:03:04the people of the United States, in order to form a more perfect union,
00:03:08establish justice,
00:03:14ensure domestic tranquillity,
00:03:16provide for the common defence,
00:03:18promote the general welfare and secure the blessings
00:03:20of liberty to ourselves and our posterity,
00:03:24do ordain and establish this Constitution for the United States of America.
00:03:27Now, on one hand, we can dismiss.
00:03:32This is rhetorical nonsense of the type that politicians like to traffic in.
00:03:34On the other,
00:03:39there's an interesting kind of This is a very interesting and powerful statement.
00:03:40Remember,
00:03:43if you think back to the last lecture
00:03:44when I talked about the Declaration of Independence,
00:03:45asserting that all Americans were equal but also that they
00:03:47that sovereignty derived from them,
00:03:53that they had the government and governmental
00:03:55authority derived from the people Well,
00:03:57the Constitution begins with a similar statements saying that this document,
00:03:59which we know is taking power away from some of
00:04:04the states which the framers of the document believed,
00:04:07or two Democratic still had to have a Democratic premise.
00:04:10It had to receive the approval of the people. So we it begins with that statement.
00:04:15We, the people of the United States,
00:04:19are doing this in order to achieve the following things.
00:04:21And so it's an assertion of popular sovereignty.
00:04:24They can't say they're doing it in the name of the King anymore.
00:04:28That's what documents used to say.
00:04:31Um and so they're invoking the authority of the American people.
00:04:33In order to do that, they have to appeal directly to the American people,
00:04:36which is why they called for these special
00:04:41ratifying conventions to be held so special.
00:04:43Ratifying conventions were held between over, uh,
00:04:46over the really the next 18 months from earlier from the latter part of 17 87 through
00:04:50the summer of 17.
00:04:55Well, actually not 18 months more like nine or 10 months to be fair,
00:04:57through the middle of 17 88 to adopt and ratify this Constitution.
00:05:01But it's crucially important that these special
00:05:06conventions were held and in many states,
00:05:08not all of them.
00:05:10Elections were held and property requirements were waived.
00:05:11People recognise that this was a unique moment.
00:05:14Some property requirements were waived to allow people to
00:05:17vote for delegates to attend these these ratifying conventions.
00:05:20And so a series of ratifying conventions were held across the
00:05:2313 United States or 13 states that comprise the United States,
00:05:27the United States.
00:05:31The United States is a lie as a name. The United States have never been that united.
00:05:32Uh, it's the dis United States.
00:05:35So there are these in the in the 13 states that comprise the United States.
00:05:38Uh, these these ratifying conventions were held in the coming months,
00:05:43and in many respects one should be rightfully sceptical about the nature
00:05:46of the US Constitution and certainly the nature of its origin,
00:05:52Madison said.
00:05:56You know, if our if our debates were held in public,
00:05:57these things never would have got off the ground.
00:06:00Uh, but it does expose facto, um,
00:06:02achieve a certain democratic legitimacy or a certain
00:06:06popular legitimacy because of these ratifying conventions.
00:06:08And we see Kendari and skullduggery and politics in these conventions.
00:06:12But we also see fairly high minded debates.
00:06:16And there's a kind of really important popular discourse and
00:06:18debate over the Constitution that goes on across these conventions.
00:06:21And these conventions will be crucially important both in, um,
00:06:25considering the document, but also as far as a statement of, uh,
00:06:28it's evidence of the quality of public discourse in the United States in
00:06:3417 87 and 88 but also in order to give this document legitimacy.
00:06:37
Cite this Lecture
APA style
Cogliano, F. (2022, January 05). US Constitution – Ratification and the Bill of Rights, 1787-91 - Ratification [Video]. MASSOLIT. https://massolit.io/courses/us-constitution-ratification-and-the-bill-of-rights-1787-91/ratification
MLA style
Cogliano, F. "US Constitution – Ratification and the Bill of Rights, 1787-91 – Ratification." MASSOLIT, uploaded by MASSOLIT, 05 Jan 2022, https://massolit.io/courses/us-constitution-ratification-and-the-bill-of-rights-1787-91/ratification