38 CHAPTER 2|THE CONSTITUTION AND THE FOUNDING
better to list none at all. Federalists such as Roger Sherman argued that state con-
stitutions, most of which protected freedom of speech, freedom of the press, right
to a trial by jury, and other civil liberties, would be suffi cient to protect liberty.
However, many Antifederalists still wanted assurances that the national govern-
ment would not trample their rights. Thus they argued against ratifi cation until
such assurances were in place.The Federalists’ Strategies
The Federalists counterattacked on several fronts. First, they published a series
of articles that came to be known as the Federalist Papers. Although originally
published in New York newspapers, these articles were widely read throughout
the nation. The Federalist Papers were one-sided arguments aimed at chang-
ing public opinion; the authors downplayed potentially unpopular aspects of the
new system, such as the power of the president, while emphasizing points they
knew would appeal to the opposition. Despite their biased arguments, the Fed-
eralist Papers are considered the best comprehensive discussion of the political
theory underlying the Constitution and the framers’ interpretations of many of
its key provisions.
Second, the Federalists agreed that the new Congress’s fi rst order of business
would be to add a Bill of Rights to the Constitution to protect individual rights
and liberties. This promise was essential for securing the support of New York,
Massachusetts, and Virginia. The crucial ninth state, New Hampshire, ratifi ed
the Constitution on June 21, 1788, but New York and Virginia were still drag-
ging their heels, and their support was viewed as necessary for the legitimacy of
the United States, even if it technically was not needed. By the end of the sum-
mer both Virginia and New York fi nally voted for ratifi cation. Rhode Island and
North Carolina refused to ratify until Congress made good on its promise of a Bill
of Rights. The 1st Congress submitted 12 amendments to the states, and 10 were
ratifi ed by all the states as of December 15, 1791. We will take a close look at the Bill
of Rights in Chapter 4, Civil Liberties.The Constitution: A Framework for Government
The Constitution certainly has its fl aws (some of which have been corrected
through amendments), but the document’s longevity is testimony to the fram-
ers’ foresight in crafting a fl exible framework for government. Perhaps its most
important feature is the system of separation of powers and checks and bal-
ances that prevent majority tyranny while maintaining suffi cient fl exibility for
decisive leadership during times of crisis. The system of checks and balances
means that each branch of national government has certain exclusive powers,
some shared powers, and the ability to check the other two branches (see “How
It Works”).Bill of Rights The fi rst 10
amendments to the Constitution;
they protect individual rights and
liberties.
OUTLINE THE MAJOR
PROVISIONS OF THE
CONSTITUTION