AMSCO 3.8 The Constitutional Convention and Debates Over Ratification

Overview

AMSCO Topic 3.8, "The Constitutional Convention and Debates Over Ratification," covers how 55 delegates met in Philadelphia in the summer of 1787, scrapped the Articles of Confederation, and wrote an entirely new Constitution through a series of hard-fought compromises. It then traces the ratification fight between Federalists and Anti-Federalists from September 1787 to June 1788, including The Federalist Papers and the promise of a Bill of Rights that finally sealed the deal. This chapter sits at the heart of Period 3 (1754-1800): it picks up right where the failures of the Articles of Confederation left off and sets up the new government described in AMSCO 3.9.

From Mount Vernon to Philadelphia

The road to the Constitutional Convention ran through two smaller meetings. In 1785, George Washington hosted representatives from Virginia, Maryland, Delaware, and Pennsylvania at his Mount Vernon home, where they agreed the country's problems were serious enough to call a larger meeting.

That follow-up, the Annapolis Convention of 1786, was a flop on paper. Only five states sent delegates. But it mattered anyway, because James Madison and Alexander Hamilton persuaded the group to call for another convention in Philadelphia to revise the Articles of Confederation. Congress approved, calling on all 13 states to send delegates "for the sole and express purpose of revising the Articles of Confederation." Only Rhode Island refused to participate.

Who showed up (and who didn't)

The 55 delegates were not a cross-section of America. All were White, all were male, most were college-educated, and most were far wealthier than the average American. They averaged in their early forties, many were practicing lawyers, and many had helped write their state constitutions.

Key figures to know:

• George Washington was unanimously elected presiding officer, lending the convention instant credibility.
• Benjamin Franklin, age 81, served as a calming, unifying elder statesman.
• James Madison directed much of the drafting and earned the nickname "Father of the Constitution" (a title he objected to). His detailed notes are the main reason historians know what happened, since the convention met in secret and delegates were barred from talking to the press.
• Alexander Hamilton, Gouverneur Morris, and John Dickinson also shaped the document's specific articles.

Just as important is who was absent. John Jay, Thomas Jefferson, and John Adams were abroad on diplomatic business, Thomas Paine was in Europe, Samuel Adams and John Hancock weren't chosen as delegates, and Patrick Henry refused to attend because he opposed any growth in federal power.

Key Issues and Compromises at the Convention

The delegates immediately split over the convention's basic purpose. Some wanted to simply revise the Articles. Strong nationalists like Madison and Hamilton argued the confederate model (states loosely joined under a weak central government) was unworkable, and they wanted a brand-new document built on federalism, a strong but limited central government. The nationalists quickly took control.

Because Americans in the 1780s deeply distrusted government power, the Framers built in separation of powers among different branches and a system of checks and balances so each branch could limit the others. The big fights, though, came down to four issues.

Representation: the Great Compromise

Big states like Virginia and Pennsylvania wanted representation based on population. Small states like New Jersey and Delaware wanted equal representation. Madison's Virginia Plan favored the big states; the New Jersey Plan countered for the small ones. Roger Sherman of Connecticut broke the deadlock with the Connecticut Plan, better known as the Great Compromise. It created a bicameral (two-house) Congress: equal representation for every state in the Senate, and representation by population in the House of Representatives.

Slavery: the Three-Fifths Compromise and the slave trade

Two ugly questions grew out of slavery. First, should enslaved people count in state populations? Southerners said yes (more representation); Northerners said no, since enslaved people had no rights of citizens. The Three-Fifths Compromise counted each enslaved individual as three-fifths of a person for both taxation and representation.

Second, should the slave trade continue? Some delegates wanted to ban it on humanitarian grounds; others wanted to protect their labor supply. The convention guaranteed the importation of enslaved people for at least 20 more years, until 1808, after which Congress could vote to abolish it.

Trade: the Commercial Compromise

Northern states wanted the central government to regulate interstate and foreign commerce. The South feared export taxes on crops like tobacco and rice. The Commercial Compromise let Congress regulate interstate and foreign commerce and place tariffs on imports, but it banned taxes on all exports.

The presidency and the Electoral College

Some delegates wanted a chief executive who served for life. The convention settled on a four-year term with no limit on the number of terms. Instead of direct popular election, each state got electors equal to its total representatives plus senators. This Electoral College system existed because the delegates feared too much democracy might lead to mob rule. They also gave the president real power, including the veto over acts of Congress.

The ratification rule

On September 17, 1787, after 17 weeks of debate, the convention approved the draft. Expecting opposition, the Framers wrote into Article VII that only 9 of 13 states needed to ratify, and that each state would decide through popularly elected conventions rather than state legislatures.

Federalists vs. Anti-Federalists

The ratification debate raged for almost a year, from September 1787 to June 1788. Federalists supported the Constitution and its strong federal government; Anti-Federalists feared the new government would be too strong.

The Anti-Federalists' sharpest attack: the Constitution had no bill of rights and, they claimed, gave the central government more power than the British ever had.

The Federalist Papers

A key weapon in the Federalist campaign was a series of 85 persuasive essays written for a New York newspaper by James Madison, Alexander Hamilton, and John Jay, later published as The Federalist Papers. The essays laid out cogent arguments for the practicality of each major provision of the Constitution.

The Path to Ratification

Delaware, New Jersey, and Pennsylvania ratified first, but Federalists weren't confident about reaching nine states. The turning point was the bill of rights debate.

The bill of rights bargain

Anti-Federalists demanded a written list of rights the federal government could not violate. Americans had just fought a war to escape tyranny in Britain; what would stop the new government from becoming tyrannical too? Federalists initially pushed back. Elected representatives didn't need protection from themselves, they argued, and a limited list of rights might let unscrupulous officials claim that unlisted rights could be violated. But to win ratification, the Federalists promised that a bill of rights would be the first order of business for the new Congress. That promise neutralized the Anti-Federalists' strongest objection. (Congress kept it: Madison drafted the amendments in 1789, and the ten ratified in 1791 became the Bill of Rights.)

Nine states, then the big two

New Hampshire's yes vote in June 1788 delivered the required ninth state. But Virginia and New York still hadn't acted, and without them, national unity was in serious jeopardy. In Virginia, the most populous state in 1788, Anti-Federalists rallied behind George Mason and Patrick Henry. Federalists led by Washington, Madison, and John Marshall prevailed in a close vote, again only after promising a bill of rights. News of Virginia's vote, plus Hamilton's efforts, tipped New York. North Carolina (November 1789) and Rhode Island (May 1790) reversed earlier rejections and became the last two states to ratify the Constitution as the new "supreme law of the land."

Key Terms to Know

Practice and Next Steps

Pair these notes with the Topic 3.8 course study guide for the College Board's framing of the convention and ratification. Then continue to AMSCO 3.9 on the Constitution itself, which covers federalism, separation of powers, and the Bill of Rights in detail, or browse the full set of APUSH AMSCO notes.

To check yourself:

• Drill the compromises with guided multiple-choice practice. Distinguishing the Great Compromise, Three-Fifths Compromise, and Commercial Compromise is a classic MCQ move.
• Write a practice SAQ or LEQ on Federalist vs. Anti-Federalist arguments and get instant feedback with FRQ practice.
• Look up any term that's still fuzzy in the APUSH key terms glossary.