and the division of powers between the states and the nation, were settled without serious difficulty, and after having been in session a little over four months the Convention adjourned. The Convention had previously declared that the Constitution should go into effect as soon as accepted by nine states. The Constitution was now in the hands of the people for acceptance or rejection.

Friends and Opponents of the Constitution. As soon as the Constitution was before the people, a vigorous campaign over its adoption commenced. Opponents of the Constitution, known as Anti-Federalists, found fault because there was no bill of rights, objected to the vast powers conferred upon the nation, said that the Confederation was referable, and feared that the President would become a tyrant.

The friends of the Constitution, known as Federalists, urged the necessity of the new form of government and showed the weakness of the old congress. Many pamphlets and newspaper articles appeared during the campaign, by far the ablest of which was a series of papers known as "The Federalist" of which Hamilton, Madison, and Jay were the authors. "The Federalist" was written for the purpose of showing the nature of the government which the Constitution would give, and was a campaign paper, yet it "has not only become a classic in our national political literature, but is the repository of the best, and, apart from judicial decisions, the most authoritative expositions of the extensive text of the Constitution."

was

The Constitution Ratified. The Constitution ratified by state conventions whose members were chosen by the people of the different states. Delaware had the

honor of being the first to ratify, which it did unanimously on Dec. 6, 1787. The great state of Pennsylvania was the first in which there was a serious contest, but it ratified by a two-thirds majority on Dec. 17. Soon after New Jersey and Georgia ratified unanimously. Connecticut ratified without much difficulty; but in the Massachusetts convention ratification was seriously opposed, and the convention consented to approve the Constitution only on condition that a bill of rights be demanded. Maryland, South Carolina, and New Hampshire approved in the order named. There were now the necessary nine states, but the great states of Virginia and New York were not yet “under the new roof," and without them the Union could hardly be successful. Virginia ratified by a close vote, after an agreement to ask for a bill of rights, and New York followed in a few weeks by a slender majority of three. The ratification of New York was chiefly due to the splendid talents of Hamilton, who persuaded a number of former opponents to favor the Constitution. North Carolina and Rhode Island did not ratify until after the Constitution went into effect.

The Sources of the Constitution. The delegates who assembled in the Federal Convention came from communities in which there had been years of experience with charters and constitutions.

In forming the National Constitution, colonial and state experience had a powerful influence over every delegate. Back of this experience was the common heritage in the English Constitution.

A comparison of the English and the American constitutions will show many close resemblances

The following are among the details not borrowed from the British Constitution, though colonial experience more or less closely accounts for all of them:

I. The Federal idea. The United States Government is a federation of states each of which has local self-government.

2. The

The power of the Supreme Court to declare legislative acts unconstitutional.

3. The written Constitution.

4. The careful separation of executive and legislative departments.

5. The methods of electing a President.

QUESTIONS ON THE TEXT

1. Describe three compromise measures adopted by the Federal Convention.

2. What was "The Federalist"?

3. Describe the campaign over the adoption of the Constitution. 4. What were the sources of the Constitution?

5. Show some of the differences between the English Constitution and the American Constitution.

QUESTIONS SUGGESTED BY THE TEXT

1. Did the convention have the authority to say that the Constitution would be binding when approved by nine states?

2. Why were the meetings of the Convention not open to the public?

3. What arguments were advanced in the states in favor of the Constitution? What were the arguments against it? See Fiske's "Critical Period of American History," Chap. VII.

CHAPTER XII

GENERAL VIEW OF THE CONSTITUTION

A Federal Republic. In the Federal Convention one party desired to form a centralized or national republic; another party wished a mere confederation or league of states. The result was a compromise which really satisfied few if any delegates. "Now the American Republic," says Mr. Bryce, "corresponds to neither of these two forms, but may be said to stand between them. Its central, or national government is not a mere league, for it does not wholly depend upon component committees, which we call the states. It is made up of commonwealths, but is itself a commonwealth because it claims directly the obedience of every citizen and acts immediately upon him through its courts and executive officers. Still less are its minor communities, the states, mere creatures of the national government, like the counties of England or the departments of France. They have over their citizens an authority which is their own, and not delegated by the central government. They have not been called into being by that government. The Union is more than an aggregation of states, and the states are more than parts of the Union." 991

Departments of Government. The Constitution, unlike the Confederation, provided adequate executive, legislative, 1 "American Commonwealth," Vol. I, p. 16. Woodburn, "American Republic," pp. 59-70. "The Federalist," No. 39

and judicial departments. Each department of government was given well-defined functions, and each was rendered largely independent of the others.

System of Checks and Balances. The makers of the Constitution made many provisions to keep the people from gaining too much power. Hasty legislation was prevented by requiring a bill to pass both houses and receive the approval of the President, and even then the Supreme Court might declare a law contrary to the Constitution, and hence null and void. The President was not to be elected directly by the people, but by electors chosen by the people, and senators were to be elected by the state legislatures.

Powers Given to the United States Government. The powers of the Federal government are given in the Constitution. They include the most important powers that can be exercised by a sovereign state. Not only is this true, but many sovereign powers are either denied to the states, or may be exercised only by consent of Congress.

Implied Powers. — The question whether Congress possessed any authority not expressly granted by the Constitution first arose in 1791 over the plan to establish a Bank of the United States. Jefferson claimed that Congress possessed no power to establish a bank, as it was not expressly granted in the Constitution; while Hamilton argued that such powers need not be expressly granted, being implied in the so-called elastic clause which gives. Congress authority "to make all laws which shall be necessary and proper for carrying into execution the foregoing powers and all other powers vested by this Constitution in