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CHAPTER 4: THE FORMATION OF A NATIONAL GOVERNMENTOUTLINE OF U.S. HISTORYI have often in the course of thesession ... looked at that [chair]behind the president, withoutbeing able to tell whether it wasrising or setting; but now, atlength, I have the happiness toknow that it is a rising, and not asetting, sun.The convention was over; themembers “adjourned to the CityTavern, dined together, and tooka cordial leave of each other.” Yeta crucial part of the struggle for amore perfect union remained tobe faced. The consent of popularlyelected state conventions was stillrequired before the document couldbecome effective.The convention had decided thatthe Constitution would take effectupon ratification by conventions innine of the 13 states. By June 1788the required nine states had ratifiedthe Constitution, but the large statesof Virginia and New York had not.Most people felt that without theirsupport the Constitution would neverbe honored. To many, the documentseemed full of dangers: Wouldnot the strong central governmentthat it established tyrannize them,oppress them with heavy taxes, anddrag them into wars?Differing views on these questionsbrought into existence twoparties, the Federalists, who favoreda strong central government, and theAntifederalists, who preferred a looseassociation of separate states. Impassionedarguments on both sides werevoiced by the press, the legislatures,and the state conventions.In Virginia, the Antifederalistsattacked the proposed new governmentby challenging the openingphrase of the Constitution: “Wethe People of the United States.”Without using the individual statenames in the Constitution, the delegatesargued, the states would notretain their separate rights or powers.Virginia Antifederalists were ledby Patrick Henry, who became thechief spokesman for back-countryfarmers who feared the powers ofthe new central government. Waveringdelegates were persuaded bya proposal that the Virginia conventionrecommend a bill of rights,and Antifederalists joined with theFederalists to ratify the Constitutionon June 25.In New York, Alexander Hamilton,John Jay, and James Madisonpushed for the ratification of theConstitution in a series of essaysknown as The Federalist Papers.The essays, published in New Yorknewspapers, provided a now-classicargument for a central federal government,with separate executive,legislative, and judicial branches thatchecked and balanced one another.With The Federalist Papers influencingthe New York delegates, the Constitutionwas ratified on July 26.Antipathy toward a strong centralgovernment was only oneconcern among those opposed tothe Constitution; of equal concernto many was the fear that theConstitution did not protect individualrights and freedoms sufficiently.Virginian George Mason, authorof Virginia’s Declaration of Rightsof 1776, was one of three delegatesto the Constitutional Conventionwho had refused to sign the finaldocument because it did not enumerateindividual rights. Togetherwith Patrick Henry, he campaignedvigorously against ratification of theConstitution by Virginia. Indeed,five states, including Massachusetts,ratified the Constitution on the conditionthat such amendments beadded immediately.When the first Congress convenedin New York City in September1789, the calls for amendmentsprotecting individual rights werevirtually unanimous. Congressquickly adopted 12 such amendments;by December 1791, enoughstates had ratified 10 amendmentsto make them part of the Constitution.Collectively, they are knownas the Bill of Rights. Among theirprovisions: freedom of speech, press,religion, and the right to assemblepeacefully, protest, and demandchanges (First Amendment); protectionagainst unreasonable searches,seizures of property, and arrest(Fourth Amendment); due processof law in all criminal cases (FifthAmendment); right to a fair andspeedy trial (Sixth Amendment);protection against cruel and unusualpunishment (Eighth Amendment);and provision that the people retainadditional rights not listed in theConstitution (Ninth Amendment).Since the adoption of the Billof Rights, only 17 more amendmentshave been added to theConstitution. Although a number ofthe subsequent amendments revisedthe federal government’s structureand operations, most followed theprecedent established by the Billof Rights and expanded individualrights and freedoms.PRESIDENT WASHINGTONOne of the last acts of the Congressof the Confederation was to arrangefor the first presidential election, settingMarch 4, 1789, as the date thatthe new government would comeinto being. One name was on everyone’slips for the new chief of state,George Washington. He was unanimouslychosen president and tookthe oath of office at his inaugurationon April 30, 1789. In words spokenby every president since, Washingtonpledged to execute the duties ofthe presidency faithfully and, to thebest of his ability, to “preserve, protect,and defend the Constitution ofthe United States.”When Washington took office,the new Constitution enjoyed neithertradition nor the full backing oforganized public opinion. The newgovernment had to create its ownmachinery and legislate a system oftaxation that would support it. Untila judiciary could be established, lawscould not be enforced. The army wassmall. The navy had ceased to exist.Congress quickly created thedepartments of State and Treasury,with Thomas Jefferson and AlexanderHamilton as their respectivesecretaries. Departments of War7677