On September 17, 1787, after 16 weeks of deliberation, the finished Constitution was signed by 39 of the 42 delegates present. Franklin, pointing to the half-sun painted in brilliant gold on the back of Washington's chair, said:
I have often in the course of the session...looked at that [chair] behind the president, without being able to tell whether it was rising or setting; but now, at length, I have the happiness to know that it is a rising, and not a setting, sun.
The Convention was over; the members "adjourned to the City Tavern, dined together, and took a cordial leave of each other." Yet a crucial part of the struggle for a more perfect union was yet to be faced. The consent of popularly elected state conventions was still required before the document could become effective.
The Convention had decided that the Constitution would take effect upon ratification by conventions in nine of the 13 states. By June 1788 the required nine states ratified the Constitution, but the large states of Virginia and New York had not. Most people felt that without the support of these two states, the Constitution would never be honored. To many, the document seemed full of dangers: would not the strong central government that it established tyrannize them, oppress them with heavy taxes and drag them into wars?
Differing views on these questions brought into existence two parties, the Federalists, who favored a strong central government, and the ANTIFEDERALISTS, who preferred a loose association of separate states. Impassioned arguments on both sides were voiced by the press, the legislatures and the state conventions.
In Virginia, the ANTIFEDERALISTS attacked the proposed new government by challenging the opening phrase of the Constitution: "We the People of the United States." Without using the individual state names in the Constitution, the delegates argued, the states would not retain their separate rights or powers. Virginia ANTIFEDERALISTS were led by Patrick Henry, who became the chief spokesman for back-country farmers who feared the powers of the new central government. Wavering delegates were persuaded by a proposal that the Virginia convention recommend a bill of rights, and ANTIFEDERALISTS joined with the Federalists to ratify the Constitution on June 25.
In New York, Alexander Hamilton, John Jay and James Madison pushed for the ratification of the Constitution in a series of essays known as The Federalist Papers. The essays, published in New York newspapers, provided a now-classic argument for a central federal government, with separate executive, legislative and judicial branches that checked and balanced one another. With The Federalist Papers influencing the New York delegates, the Constitution was ratified on July 26.
Antipathy toward a strong central government was only one concern among those opposed to the Constitution; of equal concern to many was the fear that the Constitution did not protect individual rights and freedoms sufficiently. Virginian George Mason, author of Virginia's 1776 Declaration of Rights, was one of three delegates to the Constitutional Convention who refused to sign the final document because it did not enumerate individual rights. Together with Patrick Henry, he campaigned vigorously against ratification of the Constitution by Virginia. Indeed, five states, including Massachusetts, ratified the Constitution on the condition that such amendments be added immediately.
When the first Congress convened in New York City in September 1789, the calls for amendments protecting individual rights were virtually unanimous. Congress quickly adopted 12 such amendments; by December 1791, enough states had ratified 10 amendments to make them part of the Constitution. Collectively, they are known as the Bill of Rights. Among their provisions: freedom of speech, press, religion, and the right to assemble peacefully, protest and demand changes (First Amendment); protection against unreasonable searches, seizures of property and arrest (Fourth Amendment); due process of law in all criminal cases (Fifth Amendment); right to a fair and speedy trial (Sixth Amendment); protection against cruel and unusual punishment (Eighth Amendment); and provision that the people retain additional rights not listed in the Constitution (Ninth Amendment).
Since the
adoption of the Bill of Rights, only 16 more amendments have been added to the
Constitution. Although a number of the subsequent amendments revised the federal
government's structure and operations, most followed the precedent established by the Bill
of Rights and expanded individual rights and freedoms.
The following amendments were created as a package to the U.S. Constitution in the first session of the first term of the new American legislature. These ten amendments represent a package of protections to states rights that the ANTIFEDERALISTS demanded. each of these protections represent a major concern that the framers had about the new Federal Government growing too large and becoming too intrusive. These Amendments originally constituted the framework of state civil rights protections from the Federal Government. Since the 1960's, about half of the Bill of Rights has been "Nationalized" or reinterpreted to provide protection to individuals from their respective states and not protections for states from the Federal Government.
After the first enumeration required by the first article of the Constitution, there shall be one Representative for every thirty thousand, until the number shall amount to one hundred, after which the proportion shall be so regulated by Congress, that there shall be not less than one hundred Representatives, nor less than one Representative for every forty thousand persons, until the number of Representatives shall amount to two hundred; after which the proportion shall be so regulated by Congress, that there shall not be less than two hundred Representatives, nor more than one Representative for every fifty thousand persons.
No law, varying the compensation for the services of the Senators and Representatives, shall take effect, until an election of Representatives shall have intervened.
Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances
.A well regulated Militia, being necessary to the security of a free State,
the right of the people to keep and bear Arms, shall not be infringed.No Soldier shall, in time of peace be quartered in any house, without the consent of the Owner, nor in time of war, but in a manner to be prescribed by law.
The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized
.No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb;
nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.In all criminal prosecutions,
the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the Assistance of Counsel for his defense.In Suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved, and no fact tried by a jury, shall be otherwise re-examined in any Court of the United States, than according to the rules of the common law.
Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted
.The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.
The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people
.