History of the United States Constitution

Declaration of Independence On June 4, 1776, a resolution was introduced in the Second Continental Congress declaring the union with Great Britain to be dissolved, proposing the formation of foreign alliances, and suggesting the drafting of a plan of confederation to be submitted to the respective states. Independence was declared on July 4, 1776; the preparation of a plan of confederation was postponed. Although the Declaration was a statement of principles, it did not create a government or even a framework for how politics would be carried out. It was the Articles of Confederation that provided the necessary structure to the new nation during and after the American Revolution. The Declaration, however, did set forth the ideas of natural rights and the social contract that would help form the foundation of constitutional government. The era of the Declaration of Independence is sometimes called the "Continental Congress" period. John Adams famously estimated as many as one-third of those resident in the original thirteen colonies were patriots. Scholars such as Gordon Wood describe how Americans were caught up in the Revolutionary fervor and excitement of creating governments, societies, a new nation on the face of the earth by rational choice as Thomas Paine declared in Common Sense. Republican government and personal liberty for "the people" were to overspread the New World continents and to last forever, a gift to posterity. These goals were influenced by Enlightenment philosophy. The adherents to this cause seized on English Whig political philosophy as described by historian Forrest McDonald as justification for most of their changes to received colonial charters and traditions. It was rooted in opposition to monarchy they saw as venal and corrupting to the "permanent interests of the people." To these partisans, voting was the only permanent defense of the people. Elected terms for legislature were cut to one year, for Virginia's Governor, one year without re-election. Property requirements for suffrage for men were reduced to taxes on their tools in some states. Free blacks in New York could vote if they owned enough property. New Hampshire was thinking of abolishing all voting requirements for men except residency and religion. New Jersey let women vote. In some states, senators were now elected by the same voters as the larger electorate for the House, and even judges were elected to one-year terms. These "radical Whigs" were called the people "out-of-doors." They distrusted not only royal authority, but any small, secretive group as being unrepublican. Crowds of men and women massed at the steps of rural Court Houses during market-militia-court days. Shays' Rebellion (1786–87) is a famous example. Urban riots began by the out-of-doors rallies on the steps of an oppressive government official with speakers such as members of the Sons of Liberty holding forth in the "people's "committees" until some action was decided upon, including hanging his effigy outside a bedroom window, or looting and burning down the offending tyrant's home. First and Second Continental Congresses The First Continental Congress met from September 5 to October 26, 1774. It agreed that the states should impose an economic boycott on British trade, and drew up a petition to King George III, pleading for redress of their grievances and repeal of the Intolerable Acts. It did not propose independence or a separate government for the states. The Second Continental Congress convened on May 10, 1775, and functioned as a de facto national government at the outset of the Revolutionary War. Beginning in 1777, the substantial powers assumed by Congress "made the league of states as cohesive and strong as any similar sort of republican confederation in history". The process created the United States "by the people in collectivity, rather than by the individual states", because only four states had constitutions at the time of the Declaration of Independence in 1776, and three of those were provisional. The Supreme Court in Penhallow v. Doane's Administrators (1795), and again in Ware v. Hylton (1796), ruled on the federal government's powers prior to the adoption of the U.S. Constitution in 1788. It said that Congress exercised powers derived from the people, expressly conferred through the medium of state conventions or legislatures, and, once exercised, those powers were "impliedly ratified by the acquiescence and obedience of the people". Confederation Period The Articles of Confederation was approved by the Second Continental Congress on November 15, 1777, and sent to the states for ratification. It came into force on March 1, 1781, after being ratified by all 13 states. Over the previous four years it had been used by Congress as a "working document" to administer the early United States government and win the Revolutionary War. Lasting successes under the Articles of Confederation included the Treaty of Paris with Britain and the Land Ordinance of 1785, whereby Congress promised settlers west of the Appalachian Mountains full citizenship and eventual statehood. Some historians characterize this period from 1781 to 1789 as weakness, dissension, and turmoil. Other scholars view the evidence as reflecting an underlying stability and prosperity. But the returning of prosperity in some areas did not slow the growth of domestic and foreign problems. Nationalists saw the confederation's central government as not strong enough to establish a sound financial system, regulate trade, enforce treaties, or go to war when needed. The Congress of the Confederation, as defined in the Articles of Confederation, was the sole organ of the national government; there was no national court to interpret laws nor an executive branch to enforce them. Governmental functions, including declarations of war and calls for an army, were voluntarily supported by each state, in full, partly, or not at all. The Articles required super majorities. Amendment proposals to states required ratification by all thirteen states, all important legislation needed 70% approval, at least nine states. Repeatedly, one or two states defeated legislative proposals of major importance. The Massachusetts legislature was one of the five against paper money. It imposed a tightly limited currency and high taxes. Without paper money veterans without cash lost their farms for back taxes. This triggered Shays' Rebellion to stop tax collectors and close the courts. Troops quickly suppressed the rebellion, but nationalists like George Washington warned, "There are combustibles in every state which a spark might set fire to." ==Prelude to the Constitutional Convention==

Mount Vernon Conference An important milestone in interstate cooperation outside the framework of the Articles of Confederation occurred in March 1785, when delegates representing Maryland and Virginia met in Virginia, to address navigational rights in the states's common waterways. On March 28, 1785, the group drew up a thirteen-point proposal to govern the two states' rights on the Potomac River, Pocomoke River, and Chesapeake Bay. this agreement not only covered tidewater navigation but also extended to issues such as toll duties, commerce regulations, fishing rights, and debt collection. Ratified by the legislatures of both states, the compact, which is still in force, helped set a precedent for later meetings between states for discussions into areas of mutual concern. Reforms considered for the Articles. The Congress of the Confederation received a report on August 7, 1786, from a twelve-member "Grand Committee", appointed to develop and present "such amendments to the Confederation, and such resolutions as it may be necessary to recommend to the several states, for the purpose of obtaining from them such powers as will render the federal government adequate to" its declared purposes. Seven amendments to the Articles of Confederation were proposed. Under these reforms, Congress would gain "sole and exclusive" power to regulate trade. States could not favor foreigners over citizens. Tax bills would require 70% vote, public debt 85%, not 100%. Congress could charge states a late payment penalty fee. A state withholding troops would be charged for them, plus a penalty. If a state did not pay, Congress could collect directly from its cities and counties. A state payment on another's requisition would earn annual 6%. There would have been a national court of seven. No-shows at Congress would have been banned from any U.S. or state office. These proposals were, however, sent back to committee without a vote and were not taken up again. Annapolis Convention The Annapolis Convention, formally titled "A Meeting of Commissioners to Remedy Defects of the Federal Government", convened at George Mann's Tavern on September 11, 1786. Delegates from five states gathered to discuss ways to facilitate commerce between the states and establish standard rules and regulations. At the time, each state was largely independent from the others and the national government had no authority in these matters. Appointed delegates from four states either arrived too late to participate or otherwise decided not attend. Because so few states were present, delegates did not deem "it advisable to proceed on the business of their mission." However, they did adopt a report calling for another convention of the states to discuss possible improvements to the Articles of Confederation. They desired that Constitutional Convention take place in Philadelphia in the summer of 1787. Legislatures of seven states—Virginia, New Jersey, Pennsylvania, North Carolina, New Hampshire, Delaware, and Georgia—immediately approved and appointed their delegations. New York and others hesitated thinking that only the Continental Congress could propose amendments to the Articles. Congress then called the convention at Philadelphia. The "Federal Constitution" was to be changed to meet the requirements of good government and "the preservation of the Union". Congress would then approve what measures it allowed, then the state legislatures would unanimously confirm whatever changes of those were to take effect. ==Constitutional Convention==

Twelve state legislatures, Rhode Island being the only exception, sent delegates to convene at Philadelphia in May 1787. While the resolution calling the Convention specified that its purpose was to propose amendments to the Articles, through discussion and debate it became clear by mid-June that the convention would propose a Constitution with a fundamentally new design. Sessions The Congress of the Confederation endorsed a plan to revise the Articles of Confederation on February 21, 1787. It was weighted toward the interests of the larger, more populous states. The intent was to meet the purposes set out in the Articles of Confederation, "common defense, security of liberty and general welfare". The Virginia Plan was national, authority flowed from the people. If the people will ratify them, changes for better republican government and national union should be proposed. Much of the Virginia Plan was adopted. All the powers in the Articles transfer to the new government. Congress has two houses, the 'house' apportioned by population. It can enact laws affecting more than one state and Congress can override a veto. The President can enforce the law. The Supreme Court and inferior courts rule on international, U.S. and state law. The Constitution is the supreme law and all state officers swear to uphold the Constitution. Every state is a republic, and new states can be admitted. The Congress of the Confederation continued until the new system started. Amendments are possible without Congress. The Convention recommendations went to Congress, from them to the states. State legislatures set the election rules for ratification conventions, and the people "expressly" chose representatives to consider and decide about the Constitution. June 15, William Paterson (NJ) proposed the Convention minority's New Jersey Plan. It was weighted toward the interests of the smaller, less populous states. The intent was to preserve the states from a plan to "destroy or annihilate" them. The New Jersey Plan was purely federal, authority flowed from the states. Gradual change should come from the states. If the Articles could not be amended, then advocates argued that should be the report from the convention to the states. Although the New Jersey Plan only survived three days as a proposal, it served as an important alternative to the Virginia Plan. Scholars observe that it is unusual in world history for the minority in a revolution to have the influence that the "old patriot" Anti-Federalists had over the "nationalist" Federalists who had the support of the revolutionary army in the Society of the Cincinnati. Both factions were intent on forging a nation in which both could be full participants in the changes which were sure to come, since that was most likely to allow for their national union, guarantee liberty for their posterity, and promote their mutual long-term material prosperity. Debate Over Slavery The contentious issue of slavery was too controversial to be resolved during the convention. But it was at center stage in the Convention three times: June 7 regarding who would vote for Congress, June 11 in debate over how to proportion relative seating in the 'house', and August 22 relating to commerce and the future wealth of the nation. Once the Convention looked at how to proportion the House representation, tempers among several delegates exploded over slavery. When the Convention progressed beyond the personal attacks, it adopted the existing "federal ratio" for taxing states by three-fifths of slaves held. On August 6, the Committee of Detail reported its proposed revisions to the Randolph Plan. Again the question of slavery came up, and again the question was met with attacks of outrage. Over the next two weeks, delegates wove a web of mutual compromises relating to commerce and trade, east and west, slave-holding and free. The transfer of power to regulate slave trade from states to central government could happen in 20 years, but only then. Later generations could try out their own answers. The delegates were trying to make a government that might last that long. Migration of the free or "importation" of indentures and slaves could continue by states, defining slaves as persons, not property. Long-term power would change by population as counted every ten years. Apportionment in the House would not be by wealth, it would be by people, the free citizens and three-fifths the number of other persons meaning propertyless slaves and taxed Indian farming families. In 1806, President Thomas Jefferson sent a message to the 9th Congress on their constitutional opportunity to remove U.S. citizens from the transatlantic slave trade "[violating] human rights". The 1807 "Act Prohibiting Importation of Slaves" took effect the first instant the Constitution allowed, January 1, 1808. The United States joined the British that year in the first "international humanitarian campaign". In the 1840–1860 era abolitionists denounced the Fugitive Slave Clause and other protections of slavery. William Lloyd Garrison famously declared the Constitution "a covenant with death and an agreement with Hell." In ratification conventions, the anti-slavery delegates sometimes began as anti-ratification votes. Still, the Constitution "as written" was an improvement over the Articles from an abolitionist point of view. The Constitution provided for abolition of the slave trade but the Articles did not. The outcome could be determined gradually over time. Sometimes contradictions among opponents were used to try to gain abolitionist converts. In Virginia, Federalist George Nicholas dismissed fears on both sides. Objections to the Constitution were inconsistent, "At the same moment it is opposed for being promotive and destructive of slavery!" But the contradiction was never resolved peaceably, and the failure to do so contributed to the Civil War. "Great" Connecticut Compromise File:Nathaniel Jocelyn - Elbridge Gerry (1744-1814) - 1943.1816 - Harvard Art Museums.jpg|Elbridge Gerry, MAChair of the First Committee on Representation File:Roger Sherman 1721-1793 by Ralph Earl.jpeg|Roger Sherman, CTArchitect of the Connecticut Compromise Roger Sherman (CT), although something of a political broker in Connecticut, proved to a pivotal though unlikely leader at the convention. After these defeats, the delegates who called themselves the "old patriots" of 1776 and the "men of original principles" organized a caucus in the convention. William Paterson (NJ) spoke for them introducing his "New Jersey Plan". Roger Sherman (CT), a signer of the Declaration of Independence, was with them. Supporters explained that it "sustained the sovereignty of the states", while the Edmund Randolph (VA) "Virginia Plan" erased it. The convention had no authority to propose anything not sent up from state legislatures, and the states were not likely to adopt anything new. The "nationalists" answered, The convention could not conclude anything, but it could recommend anything. "Patriots" said if their legislature knew anything about proposals for consolidated government, it would not have sent anyone. "Nationalists" countered, that it would be treason to withhold any proposal for good government when the salvation of the American republic was at stake. Three sessions after its introduction, the New Jersey Plan failed : 7 against, 3 for, 1 divided. For nearly a month there was no progress; small states were seriously thinking of walking out of the convention. Then June 25, the "original principles" men finally won a vote. The 'senate' would be chosen by the state legislatures, not the people, passed: 9 for, 2 against. The basis of representation for both the 'house' and the 'senate' re-surfaced. Sherman tried a second time to get his idea for a 'house' on the basis of population and a 'senate' on an equal states basis. The "big states" got their population 'house' win, then his equal state 'senate' motion was dropped without a vote. The majority adjourned "before a determination was taken in the House." Luther Martin (MD) insisted that he would rather divide the Union into regional governments than submit to a consolidated government under the Randolph Plan. Sherman's proposal came up again for the third time from Oliver Ellsworth (CT). In the "senate", the states should have equal representation. Advocates said that it could not be agreed to, the union would fall apart somehow. Big states would not be trusted, the small states could confederate with a foreign power showing "more good faith". If delegates could not unite behind this here, one day the states could be united by "some foreign sword". On the question of equal state representation, the Convention adjourned in the same way again, "before a determination was taken in the House.". On July 2, the convention for the fourth time considered a "senate" with equal state votes. This time a vote was taken, but it stalled again, tied at 5 yes, 5 no, 1 divided. The Convention elected one delegate out of the delegation of each state onto a Committee to make a proposal; it reported July 5. Nothing changed over five days. July 10, Lansing and Yates (NY) quit the Convention in protest over the big state majorities repeatedly overrunning the small state delegations in vote after vote. No direct vote on the basis of 'senate' representation was pushed on the floor for another week. With delegates unable to reconcile their differences, the Convention elected one delegate from each state to the First Committee on Representation to make a proposal. Unlike debate in the Committee of the Whole, the membership of the committee, led by Elbridge Gerry and including Sherman, was carefully selected and was more sympathetic to the views of the small states. Taxation substantially increased the power of Congress relative to the states. It was limited by restrictions, forbidding taxes on exports, per capita taxes, requiring import duties to be uniform and that taxes be applied to paying U.S. debt. But the states were stripped of their ability to levy taxes on imports, which was at the time, "by far the most bountiful source of tax revenues". Congress had no further restrictions relating to political economy. It could institute protective tariffs, for instance. Congress overshadowed state power regulating interstate commerce; the United States would be the "largest area of free trade in the world." The most undefined grant of power was the power to "make laws which shall be necessary and proper for carrying into execution" the Constitution's enumerated powers. Limit governments As of ratification, sovereignty was no longer to be theoretically indivisible. With a wide variety of specific powers among different branches of national governments and thirteen republican state governments, now "each of the portions of powers delegated to the one or to the other ... is ... sovereign with regard to its proper objects". There were some powers that remained beyond the reach of both national powers and state powers, so the logical seat of American "sovereignty" belonged directly with the people-voters of each state. Besides expanding Congressional power, the Constitution limited states and central government. Six limits on the national government addressed property rights such as slavery and taxes. Six protected liberty such as prohibiting ex post facto laws and no religious tests for national offices in any state, even if they had them for state offices. Five were principles of a republic, as in legislative appropriation. These restrictions lacked systematic organization, but all constitutional prohibitions were practices that the British Parliament had "legitimately taken in the absence of a specific denial of the authority." The regulation of state power presented a "qualitatively different" undertaking. In the state constitutions, the people did not enumerate powers. They gave their representatives every right and authority not explicitly reserved to themselves. The Constitution extended the limits that the states had previously imposed upon themselves under the Articles of Confederation, forbidding taxes on imports and disallowing treaties among themselves, for example. In light of the repeated abuses by ex post facto laws passed by the state legislatures, 1783–1787, the Constitution prohibited ex post facto laws and bills of attainder to protect United States citizen property rights and right to a fair trial. Congressional power of the purse was protected by forbidding taxes or restraint on interstate commerce and foreign trade. States could make no law "impairing the obligation of contracts." To check future state abuses the framers searched for a way to review and veto state laws harming the national welfare or citizen rights. They rejected proposals for Congressional veto of state laws and gave the Supreme Court appellate case jurisdiction over state law because the Constitution is the supreme law of the land. The United States had such a geographical extent that it could only be safely governed using a combination of republics. Federal judicial districts would follow those state lines. Population power The British had relied upon a concept of "virtual representation" to give legitimacy to their House of Commons. According to many in Parliament, it was not necessary to elect anyone from a large port city, or the American colonies, because the representatives of "rotten boroughs", mostly abandoned medieval fair towns with twenty voters, "virtually represented" them. Philadelphia in the colonies was second in population only to London. "They were all Englishmen, supposed to be a single people, with one definable interest. Legitimacy came from membership in Parliament of the sovereign realm, not elections from people. As Blackstone explained, the Member is "not bound ... to consult with, or take the advice, of his constituents." As Constitutional historian Gordon Wood elaborated, "The Commons of England contained all of the people's power and were considered to be the very persons of the people they represented." File:Gouverneur Morris 1753.png| G. Morris, PAprovinces forever While the English "virtual representation" was hardening into a theory of parliamentary sovereignty, the American theory of representation was moving towards a theory of sovereignty of the people. In their new constitutions written since 1776, Americans required community residency of voters and representatives, expanded suffrage, and equalized populations in voting districts. There was a sense that representation "had to be proportioned to the population." The convention would apply the new principle of "sovereignty of the people" both to the House of Representatives, and to the United States Senate. House changes Once the Great Compromise was reached, delegates in Convention then agreed to a decennial census to count the population. The Americans themselves did not allow for universal suffrage for all adults. Their sort of "virtual representation" said that those voting in a community could understand and themselves represent non-voters when they had like interests that were unlike other political communities. There were enough differences among people in different American communities for those differences to have a meaningful social and economic reality. Thus New England colonial legislatures would not tax communities which had not yet elected representatives. When the royal governor of Georgia refused to allow representation to be seated from four new counties, the legislature refused to tax them. The 1776 Americans had begun to demand expansion of the franchise, and in each step, they found themselves pressing towards a philosophical "actuality of consent." The Convention determined that the power of the people, should be felt in the House of Representatives. For the U.S. Congress, persons alone were counted. Property was not counted. Senate changes The Convention found it more difficult to give expression to the will of the people in new states. What state might be "lawfully arising" outside the boundaries of the existing thirteen states? The new government was like the old, to be made up of pre-existing states. Now there was to be admission of new states. Regular order would provide new states by state legislatures for Kentucky, Tennessee and Maine. But the Congress of the Confederation had by its Northwest Ordinance presented the convention with a new issue. Settlers in the Northwest Territory might one day constitute themselves into "no more than five" states. More difficult still, most delegates anticipated adding alien peoples of Canada, Louisiana and Florida to United States territory. Generally in American history, European citizens of empire were given U.S. citizenship on territorial acquisition. Should they become states? Some delegates were reluctant to expand into any so "remote wilderness". It would retard the commercial development of the east. They would be easily influenced, "foreign gold" would corrupt them. Western peoples were the least desirable Americans, only good for perpetual provinces. There were so many foreigners moving out west, there was no telling how things would turn out. These were poor people, they could not pay their fair share of taxes. It would be "suicide" for the original states. New states could become a majority in the Senate, they would abuse their power, "enslaving" the original thirteen. If they also loved liberty, and could not tolerate eastern state dominance, they would be justified in civil war. Western trade interests could drag the country into an inevitable war with Spain for the Mississippi River. As time wore on, any war for the Mississippi River was obviated by the 1803 Louisiana Purchase and the 1812 American victory at New Orleans. Even if there were to be western states, a House representation of 40,000 might be too small, too easy for the westerners. "States" had been declared out west already. They called themselves republics, and set up their own courts directly from the people without colonial charters. In Transylvania, Westsylvania, Franklin, and Vandalia, "legislatures" met with emissaries from British and Spanish empires in violation of the Articles of Confederation, just as the sovereign states had done. In the Constitution as written, no majorities in Congress could break up the larger states without their consent. "New state" advocates had no fear of western states achieving a majority one day. For example, the British sought to curb American expansion, which caused the angered colonists to agitate for independence. Follow the same rule, get the same results. Congress has never been able to discover a better rule than majority rule. If they grow, let them rule. As they grow, they must get all their supplies from eastern businesses. Character is not determined by points of a compass. States admitted are equals, they will be made up of our brethren. Commit to right principles, even if the right way, one day, benefits other states. They will be free like ourselves, their pride will not allow anything but equality. It was at this time in the Convention that Reverend Manasseh Cutler arrived to lobby for western land sales. He brought acres of land grants to parcel out. Their sales would fund most of the U.S. government expenditures for its first few decades. There were allocations for the Ohio Company stockholders at the convention, and for others delegates too. Good to his word, in December 1787, Cutler led a small band of pioneers into the Ohio Valley. The provision for admitting new states became relevant at the purchase of the Louisiana Territory from France. It was constitutionally justifiable under the "treaty making" power of the federal government. The agrarian advocates sought to make the purchase of land that had never been administered, conquered, or formally ceded to any of the original thirteen states. Jefferson's Democratic-Republicans would divide the Louisiana Purchase into states, speeding land sales to finance the federal government with no new taxes. The new populations of new states would swamp the commercial states in the Senate. They would populate the House with egalitarian Democrat-Republicans to overthrow the Federalist Party. Jefferson dropped the proposal of Constitutional amendment to permit the purchase, and with it, his notion of a confederation of sovereign states. Final document After nearly four months of debate, on September 8, 1787, the final text of the Constitution was set down and revised. Then, an official copy of the document was engrossed by Jacob Shallus. The effort consisted of copying the text (prelude, articles and endorsement) on four sheets of vellum parchment, made from treated animal skin and measuring approximately by , probably with a goose quill. Shallus engrossed the entire document except for the list of states at the end of the document, which are in Alexander Hamilton's handwriting. On September 17, 1787, following a speech given by Benjamin Franklin, 39 delegates endorsed and submitted the Constitution to the Congress of the Confederation. ==Ratification of the Constitution==

Massachusetts' Rufus King assessed the convention as a creature of the states, independent of the Congress of the Confederation, submitting its proposal to that Congress only to satisfy forms. Though amendments were debated, they were all defeated. On September 28, 1787, the Congress of the Confederation resolved "unanimously" to transmit the Constitution to state legislatures for submitting to a ratification convention according to the Constitutional procedure. Several states enlarged the numbers qualified just for electing ratification delegates. In doing so, they went beyond the Constitution's provision for the most voters for the state legislature. Delaware, on December 7, 1787, became the first State to ratify the new Constitution, with its vote being unanimous. Pennsylvania ratified on December 12, 1787, by a vote of 46 to 23 (66.67%). New Jersey ratified on December 19, 1787, and Georgia on January 2, 1788, both unanimously. The requirement of ratification by nine states, set by Article Seven of the Constitution, was met when New Hampshire voted to ratify, on June 21, 1788. In New York, fully two thirds of the convention delegates were at first opposed to the Constitution. Hamilton led the Federalist campaign, which included the fast-paced appearance of The Federalist Papers in New York newspapers. An attempt to attach conditions to ratification almost succeeded, but on July 26, 1788, New York ratified, with a recommendation that a bill of rights be appended. The vote was close – yeas 30 (52.6%), nays 27 – due largely to Hamilton's forensic abilities and his reaching a few key compromises with moderate anti-Federalists led by Melancton Smith. Following Massachusetts's lead, the Federalist minorities in both Virginia and New York were able to obtain ratification in convention by linking ratification to recommended amendments. A minority of the Constitution's critics continued to oppose the Constitution. Maryland's Luther Martin argued that the federal convention had exceeded its authority; he still called for amending the Articles. Article 13 of the Articles of Confederation stated that the union created under the Articles was "perpetual" and that any alteration must be "agreed to in a Congress of the United States, and be afterwards confirmed by the legislatures of every State". However, the unanimity required under the Articles made all attempts at reform impossible. Martin's allies such as New York's John Lansing Jr., dropped moves to obstruct the convention's process. They began to take exception to the Constitution "as it was", seeking amendments. Several conventions saw supporters for "amendments before" shift to a position of "amendments after" for the sake of staying in the Union. New York Anti's "circular letter" was sent to each state legislature on 26 July 1788 (the same date on which that state's legislature voted to ratify the Constitution) proposing a second constitutional convention for "amendments before". It failed in the state legislatures. Ultimately only North Carolina and Rhode Island would wait for amendments from Congress before ratifying. Article VII of the proposed constitution stipulated that only nine of the thirteen states would have to ratify for the new government to go into effect for the participating states. By the end of July 1788, eleven states had ratified the Constitution, and soon thereafter, the process of organizing the new government began. On September 13, 1788, the Congress of the Confederation certified that the new Constitution had been ratified by more than enough states for it to go into effect. Congress fixed the city of New York as the temporary seat of the new government and set the dates for the election of representatives and presidential electors. It also set the date for operations to begin under the new government. This occurred on March 4, 1789, when the First Congress convened. The membership of the new Congress was decidedly federalist. In the eleven-state (minus North Carolina and Rhode Island) Senate 20 were Federalist and two Anti-federalist (both from Virginia). The House included 48 Federalists and 11 Anti-federalists (from four states: Massachusetts, New York, South Carolina, and Virginia). On April 6 the House and Senate held a joint meeting to count the electoral vote. George Washington was unanimously elected the first president, even receiving the electoral vote of ardent anti-federalist Patrick Henry. John Adams of Massachusetts was elected vice president. Both were sworn into office on April 30, 1789. Anti-Federalists' fears of personal oppression by Congress were allayed by twelve amendments passed under the floor leadership of James Madison during the first session of Congress. The ten of these that were ratified by the required number of state legislatures became known as the Bill of Rights. Objections to a potentially remote federal judiciary were reconciled with 13 federal courts (11 states, plus Maine and Kentucky), and three federal riding circuits out of the Supreme Court: Eastern, Middle and South. Suspicion of a powerful federal executive was answered by Washington's cabinet appointments of once-Anti-Federalists Edmund Jennings Randolph as Attorney General and Thomas Jefferson as Secretary of State. What Constitutional historian Pauline Maier termed a national "dialogue between power and liberty" had begun anew. ==Amendments to the Constitution==

Since the beginning of federal operations under the Constitution in 1789 through the beginning of 2013, approximately 11,539 proposals to amend the Constitution have been introduced in the United States Congress. Of these, thirty-three have been approved by Congress and sent to the states for ratification. Twenty-seven of these amendments have been ratified and are now part of the Constitution. The first ten amendments were adopted and ratified simultaneously and are known collectively as the Bill of Rights. Prior to the Twenty-seventh Amendment, which languished for 202 years, 7 months, 12 days before being ratified (submitted for ratification in 1789 as part of the Bill of Rights, but not ratified until 1992), the Twenty-second Amendment held the record for longest time taken to successfully complete the ratification process – 3 years, 11 months, 6 days. The Twenty-sixth Amendment holds the record for shortest time taken – 3 months, 8 days. Six amendments adopted by Congress and sent to the states have not been ratified by the required number of states and are not part of the Constitution. Four of these are still technically open and pending, one is closed and has failed by its own terms, and one is closed and has failed by the terms of the resolution proposing it. Bill of Rights Much of opposition to the proposed Constitution within several states arose, not because the machinery of the new frame of government was considered unworkable or because strengthening the union between the 13 states viewed as undesirable. The debates in the state ratifying conventions centered around the absence of anything equivalent to the bill of rights found in several state constitutions. George Mason, a delegate to the 1787 Constitutional Convention, and the author of the Virginia Declaration of Rights, refused to sign the document because he felt it did not specifically spell out or protect individual rights sufficiently. He also opposed the Constitution when it was brought before the state for ratification. He acquiesced and the convention voted narrowly to give its assent only after it was decided that a list of twenty proposed amendments be sent along with the state's resolution of ratification. Delegates to Massachusetts' convention had many of the same concerns, and along with its notification of approval made a request for nine alterations, the first among them being "that it be explicitly declared that all powers not specifically delegated to Congress by the Constitution are reserved to the states to be exercised by them." New York, not to be outdone, appended a list of thirty-two requested amendments plus a lengthy statement of impressions and explanations about the new Constitution to their affirmative vote. 12, 13, 16, 17, 20, 22, and 25) have explicitly superseded or modified the text of the original Constitution. ==Criticism of the Constitution==

Expand democracy In the early twentieth century Lochner era, the Supreme Court ruled unconstitutional various state laws that limited labor contracts. The Constitution was criticized as putting the government at the beck and call of big business. More recent criticism has often been academic and limited to particular features. University of Texas law professor Sanford Levinson wonders whether it makes sense for the Connecticut Compromise to give "Wyoming the same number of votes as California, which has roughly seventy times the population". Five times in American history, presidents have been elected despite failing to win a plurality of the popular vote: 1824 (John Quincy Adams), 1876 (Rutherford B. Hayes), 1888 (Benjamin Harrison), 2000 (George W. Bush) and 2016 (Donald Trump). Others have criticized gerrymandering. Yale professor Robert A. Dahl saw a problem with an American tendency towards worship of the Constitution itself. He sees aspects of American governance which are "unusual and potentially undemocratic: the federal system, the bicameral legislature, judicial review, presidentialism, and the electoral college system." Levinson and Labunski and others have called for a Second Constitutional Convention, although professors like Dahl believe there is no real hope this would ever happen. University of Virginia professor Larry Sabato advocates an amendment to organize presidential primaries. Sabato further contends that the Constitution is in need of an overhaul, and argues that only a national constitutional convention can bring the document up to date and settle many of the issues that have arisen over the past two centuries. States' rights In United States history, four periods of widespread Constitutional criticism have been characterized by the idea that specific political powers belong to state governments and not to the federal government—a doctrine commonly known as states' rights. At each stage, states' rights advocates failed to develop a preponderance in public opinion or to sustain the democratic political will required to alter the generally held constitutional understanding and political practice in the United States. At its adoption among the people in the state ratification conventions, the "men of original principles" opposed the new national government as violating the Whig philosophy generally accepted among the original thirteen colonies in 1776. According to this view, Congress as a legislature should be only equal to any state legislature, and only the people in each state might be sovereign. They are now referred to as the Anti-Federalists in American historiography. The proponents of "state sovereignty" and "states rights" were outvoted in eleven of thirteen state ratification conventions, then thirteen of thirteen, to "ordain and establish" the Constitution. During Andrew Jackson's administration, South Carolina objected to U.S. government's "tariff of abominations" collected as federal duties in Charleston Harbor. The Nullification Crisis ensued. Justification for the nullifiers was found in the U.S. Senate speeches and writings of John C. Calhoun. He defended slavery against the Constitutional provisions allowing its statutory regulation or its eventual abolition by Constitutional amendment, most notably in his Disquisition on Government. The crisis was averted when President Jackson, a former Major General, declared he would march a U.S. army into South Carolina and hang the first nullifier he saw from the first tree, and a new negotiated tariff, the Compromise Tariff of 1833, satisfactory to South Carolina was enacted. Despite this, a states-rights-based defense of slavery persisted amongst Southerners until the American Civil War; conversely, Northerners explored nullification of the Fugitive Slave Act of 1850. Abraham Lincoln kept a portrait of Andrew Jackson above his desk at the U.S. War Department for the duration of the American Civil War as a clear symbol of Lincoln's intent and resolve as well as to draw attention to an executive precedent for Lincoln's actions. In the mid-19th Century during the administrations of Abraham Lincoln, Andrew Johnson and Ulysses S. Grant, the United States suffered a tragic passage through the Civil War and Reconstruction. An important survey of the philosophical and legal underpinnings of "States Rights" as held by secessionists and Lost Cause advocates afterwards is found in the speeches of Confederate President Jefferson Davis and his Rise and Fall of the Confederate Government. Davis defended secession by appealing to the "original principles" of the Founders' 1776 Revolutionary generation, and by expanding on William Blackstone's doctrine of legislative supremacy. By the elections of 1872, all states which had been admitted to the United States in accordance with the Constitution were fully represented in the U.S. Congress. Following the Supreme Court 1954 holding in Brown v. Board of Education, President Dwight D. Eisenhower used National Guard and U.S. paratroopers to enforce the rulings of the Federal Courts as they pertained to the Constitution. The "States Rights" doctrine was again appealed to during the mid-20th Century resistance to racial integration in the schools, notably in Arkansas' Little Rock Nine, Alabama's Stand in the Schoolhouse Door, and Virginia's Massive Resistance. Public schools in every state are now racially integrated by law under the authority of the U.S. Constitution. The tradition is seen in many shorter episodes of limited minority protest against the United States. During the War of 1812, Federalists conducted a Hartford Convention proposing New England secession during wartime to reopen trade with the declared enemy of the United States. It led to accusations of treason and the demise of the Federalist Party as a force in American politics. In 1921, the Maryland Attorney General sued to block woman suffrage. He argued in Leser v. Garnett that state legislatures were Constitutionally the sole determiners of who should vote in what federal or state elections, and that the 19th Amendment was improper. The Supreme Court's judicial review of the state court findings held that the 19th Amendment was Constitutional, and that it applied to the women's right to vote in every state. Women now vote in every state under the authority of the U.S. Constitution. One exceptional example of "states rights" persuading overwhelming majorities in a democratic and sustained way, and so transforming the nation came in the John Adams administration. Fear had spread that radical democratic sentiment might turn subversive as it had in the French Reign of Terror. But the Federalist-sponsored Alien and Sedition Acts meant to preempt the danger led to suppression of opposition press. The political reaction in the Virginia and Kentucky Resolutions sparked public opposition against the Federalist policy and led to twenty-four years of Constitutionally elected Democratic-Republican Party rule through six administrations of Thomas Jefferson, James Madison and James Monroe. In the late 20th and early 21st centuries, opponents of federal laws prohibiting the sale and possession of marijuana have based their objections partially on states' rights grounds, as have opponents of federal laws and regulations pertaining to firearms. States' rights under the constitution has also been recently raised as an issue on a number of other occasions, most notably regarding Common Core, the Affordable Care Act, and same-sex marriage. ==History of the physical document==

At first, little interest was shown in the parchment object itself. Madison had custody of it as Secretary of State (1801–1809) but having left Washington, he had lost track of it in the years leading to his death. A publisher had access to it in 1846 for a book on the Constitution. In 1883 historian J. Franklin Jameson found the parchment folded in a small tin box on the floor of a closet at the State, War and Navy Building. In 1894 the State Department sealed the Declaration and Constitution between two glass plates and kept them in a safe. The two parchment documents were turned over to the Library of Congress by executive order, and in 1924 President Calvin Coolidge dedicated the bronze-and-marble shrine for public display of the Constitution in the main building. The parchments were laid over moisture absorbing cellulose paper, vacuum-sealed between double panes of insulated plate glass, and protected from light by a gelatin film. Although building construction of the Archives Building was completed in 1935, in December 1941 they were moved from the Library of Congress until September 1944, and stored at the U.S. Bullion Depository, Fort Knox, Kentucky, along with the Declaration of Independence and the Gettysburg Address. In 1951 following a study by the National Bureau of Standards to protect from atmosphere, insects, mold and light, the parchments were re-encased with special light filters, inert helium gas and proper humidity. They were transferred to the National Archives and Records Administration in 1952. Since 1952, the "Charters of Freedom" have been displayed in the Rotunda of the National Archives Building. Visual inspections have been enhanced by electronic imaging. Changes in the cases led to removal from their cases July 2001, preservation treatment by conservators, and installment in new encasements for public display in September 2003. ==See also==