OCR Specification focus:
‘struggle for ratification, divisions between Federalists and Anti-Federalists; formation of the first government (1789), Washington and the Executive’
The debates over ratifying the 1787 Constitution and the creation of Washington’s first administration marked a turning point in American governance, shaping political institutions and executive precedent.
Ratification Context and Stakes, 1787–1788
The Philadelphia Convention (1787) drafted a new federal Constitution to replace the ineffective Articles of Confederation. Ratification required approval from specially elected state conventions, rather than state legislatures, ensuring that the people directly legitimised the document. This created a national debate about sovereignty, liberty, and the powers of a central government.
Ratification: Formal approval of a constitution or amendment by the requisite authorities—in this case, state conventions voting to accept the 1787 federal Constitution.
Supporters of the Constitution, the Federalists, claimed that a stronger national framework was vital for security and economic growth. Their opponents, the Anti-Federalists, worried about excessive centralisation and the loss of individual and state rights.
Federalists: Leadership and Arguments
Prominent leaders: Alexander Hamilton, James Madison, and John Jay.
Union as necessity: Only a united America could defend against foreign threats and internal unrest.
Republican safeguards: A system of separation of powers and checks and balances would protect liberty.
Federalist Papers (1787–1788): Essays explaining how the Constitution would control factionalism, secure liberty in a large republic (Federalist No. 10), and maintain an independent judiciary (Federalist No. 78).
Compromise strategy: Promised consideration of amendments, especially a Bill of Rights, once ratification was secured.
Federalists: Advocates of the 1787 Constitution who supported a stronger national government with separated powers, believing it compatible with liberty and necessary for stability.
Anti-Federalists: Opposition and Fears
Prominent leaders: Patrick Henry, George Mason, and Richard Henry Lee.
Threat of consolidation: A central authority might override local juries and states’ autonomy.
Executive anxiety: A single President seemed too much like a monarch, especially with re-eligibility.
Representation doubts: The House of Representatives was too small, while the Senate and Supreme Court were viewed as elite and unaccountable.
Call for guarantees: Urged inclusion of a Bill of Rights to safeguard liberties and curb federal taxation and military powers.
Anti-Federalists: Opponents of the 1787 Constitution who prioritised strong state sovereignty and explicit protections for individual rights, fearing central overreach.
The Ratification Campaign
Early ratifications came quickly from small states like Delaware, Pennsylvania, New Jersey, Georgia, and Connecticut. More contentious debates occurred in larger states:
Massachusetts (Feb 1788): Adopted with the Massachusetts Compromise—ratify now, propose amendments later.
New Hampshire (June 1788): Provided the decisive ninth ratification, activating the Constitution.
Virginia: Ratified after intense debate, persuaded by Madison’s promise of amendments and the risk of isolation outside the Union.
New York: Ratified narrowly; the Federalist Papers and the momentum of other states proved decisive.
North Carolina and Rhode Island: Initially refused but later ratified after the Bill of Rights was proposed.
Washington’s Election and the First Federal Government (1789)
The first presidential election made George Washington the unanimous choice for President, with John Adams as Vice President. The new Congress met in New York to implement the constitutional framework.
Oil painting of George Washington’s first inauguration on the balcony of Federal Hall, New York City (30 April 1789). It captures the public oath-taking that helped define the office’s national, non-partisan dignity. Source
Cabinet: The President’s principal executive advisers; not mentioned explicitly in the Constitution, but developed by Washington through the heads of the executive departments.
Constructing the Executive Branch
Executive Departments (1789): Congress created State, Treasury, and War; Washington appointed Jefferson, Hamilton, and Knox to head them.
Attorney General: Edmund Randolph became the legal adviser.
Judiciary Act (1789): Organised the Supreme Court, federal circuit courts, and district courts.
Revenue system: The Tariff of 1789 provided funds for government operations.
Decision of 1789: Confirmed presidential power to remove executive officers, strengthening the independence of the executive.
Washington’s Executive Precedents
Washington’s presidency gave life to constitutional provisions and established enduring practices.
Ceremonial dignity: The oath at Federal Hall and official levées presented the presidency as both republican and authoritative.
Advisory system: Created the Cabinet as a consultative body.
Relations with Congress: Balanced respect for legislative primacy with executive initiative.
Appointments: Favoured merit and competence over partisanship.
Bill of Rights: Congress approved twelve amendments in 1789; ten were ratified by 1791, addressing Anti-Federalist concerns.
Official Bill of Rights document (National Archives), the congressional resolution proposing amendments in 1789. This is the authoritative primary source that resulted in the first ten amendments ratified by 1791. Source
FAQ
State legislatures were often invested in preserving their own power and might have rejected the Constitution to protect their authority. Conventions allowed for broader representation of public opinion.
This method also gave the Constitution a stronger democratic foundation, showing that sovereignty rested with the people rather than just state governments.
Their impact was greatest in New York, where anti-Federalist sentiment was strong.
They offered systematic arguments about republican government on a large scale.
Circulated widely in pamphlets and newspapers, shaping public debate.
Their reputation grew further after ratification, as they became key texts for interpreting constitutional principles.
The promise was decisive in states like Massachusetts, Virginia, and New York, where opposition remained strong.
Federalists argued amendments could follow ratification.
Compromise reassured sceptical delegates while avoiding delays.
This tactic ensured the Constitution was adopted while leaving space for future protections.
Washington consciously avoided appearing monarchical yet gave the office dignity.
Held formal levées but kept his presence restrained.
Refused overt partisanship, presenting himself as impartial.
Consulted regularly with department heads, forming the Cabinet, which became a lasting institution.
The clause gave Congress power to pass laws deemed “necessary and proper” to execute its powers.
Anti-Federalists feared it would allow limitless expansion of federal authority.
They saw it as undermining the idea of enumerated powers.
Federalists countered that checks and balances would prevent abuse, but suspicion persisted.
Practice Questions
Question 1 (2 marks)
Who were the Federalists and what did they argue during the ratification debates of 1787–1788?
Mark Scheme:
1 mark for identifying that the Federalists were supporters of the 1787 Constitution.
1 mark for stating a core argument, e.g. they believed a strong central government was necessary for stability, commerce, or defence.
Question 2 (6 marks)
Explain the main reasons why the Anti-Federalists opposed the Constitution during the ratification debates.
Mark Scheme:
1–2 marks: A basic description of Anti-Federalist opposition, e.g. they feared too much power for the federal government.
3–4 marks: Clear explanation of at least two distinct reasons, e.g. concerns about the executive resembling monarchy, and demands for a Bill of Rights.
5–6 marks: Developed analysis with precise detail, e.g. mention of leaders like Patrick Henry or George Mason, fears over the Necessary and Proper Clause, and representation doubts (House too small, Senate too elite).
Would you like me to also create a longer 20-mark essay-style question (with indicative content for Level of Response mark bands), since that’s the other style OCR commonly uses for this unit?
