William_T._Bianco,_David_T._Canon]_American_Polit

48 Chapter 2Chapter 2 || The Constitution and the FoundingThe Constitution and the Founding

southern states’ support of the Constitution. Some southern

delegates were apologetic about slavery, even as they

argued for protecting their interests. Many constitutional

scholars view the convention’s treatment of slavery as its

central failure. In fairness to the delegates, the issue of

slavery could not be settled since the goal was to create

a document that all states would support. However, the

delegates’ inability to resolve this issue meant that it would

simmer below the surface for the next 70 years, finally

boiling over into the bloodiest of all American wars: the

Civ i l Wa r.

The convention ended on a relatively harmonious note

with Benjamin Franklin moving for adoption. Franklin’s

motion was worded ambiguously to allow those who

still had reservations to sign the Constitution anyway.

Franklin’s motion was in the “following convenient form”:

“Done in Convention by the unanimous consent of the

States present the 17th of September.... In Witness whereof we have hereunto

subscribed our names.” His clever wording meant that the signers were only

bearing witness to the approval by the states and therefore could still, in good

faith, oppose substantial parts of the document. Franklin’s motion passed with

10 ayes, no nays, and one delegation divided. All but three of the remaining

delegates signed.

Ratification

Article VII of the Constitution, which described the process for ratifying the document,

was also designed to maximize its chance of success. Only nine states were needed

to ratify, unlike under the unanimity rule that had applied to changing the Articles

of Confederation. Equally important, ratification votes would be taken in state

conventions set up specifically for that purpose, bypassing the state legislatures, which

would be more likely to resist some of the Constitution’s state–federal power-sharing

arrangements.

The near-unanimous approval at the Constitutional Convention’s end masked the

very strong opposition that remained. Many delegates simply left the convention when

it became clear that things were not going their way (overall, 74 delegates were elected

to go, 55 attended, and 39 signed the Constitution). Rhode Island sent no delegates and

refused to appoint a ratification convention. More ominously, New York seemed dead

set against the Constitution, and Pennsylvania, Virginia, and Massachusetts were

split. The ratifying conventions in each state subjected the Constitution to intense

scrutiny, as attendees examined every sentence for possible objections. A national

debate raged over the next nine months.

The Antifederalists’ Concerns

The Antifederalists were most worried about the role of the president, the transfer

of power from the states to the national government, and the lack of specific

CONTRAST THE ARGUMENTS

OF THE FEDERALISTS

WITH THOSE OF THE

ANTIFEDERALISTS

Union and Confederate troops clash in

close combat in the Battle of Cold Harbor,

Virginia, in June 1864. The inability of the

framers to resolve the issue of slavery

allowed tensions over the issue to grow

throughout the early nineteenth century,

culminating in the Civil War.

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