Three-Fifths of a Person

Any number of additional compromises remained to be made, but the stickiest involved apportioning representation in the House of Representatives. The more representatives a state could claim, the more influential it would be in the federal government. If representation was to be proportional to population, the South wanted its slaves counted as population. The North objected, arguing that the slaves should be excluded entirely from the calculation.

A peculiar-sounding solution was reached. Embodied in the Constitution as Article 1, Section 2, the “Three-Fifths Compromise” manages delicately to avoid the word slave altogether: “Representation and direct taxes will be apportioned among the several states according to respective numbers determined by adding to the whole number of free persons including those bound to service for a set number of years and excluding Indians not taxed three-fifths of all other persons.” For purposes of levying taxes and apportioning representatives, slaves were counted as three-fifths of a person.

Federalist Papers

With the compromises in place, William Johnson (secretary of the Convention), Alexander Hamilton, James Madison, Rufus King, and Gouverneur Morris wrote the actual Constitution document, the product of three and a half months of debate. When 38 of the 55 Convention delegates approved the document, it was sent to Congress, Which submitted it to the states for ratification.

Thus began an uphill battle. Those who supported the proposed Constitution were called Federalists those opposed, Anti-Federalists. Although Delaware, Pennsylvania, and New Jersey instantly ratified the document, a total of nine states had to ratify in order for the Constitution to become law. The process was hotly contested in many states and nowhere more so than in the key states of Virginia and New York. To convince New York voters to ratify, Alexander Hamilton, James Madison, and John Jay collaborated on a series of essays collectively called The Federalist Papers, published during 1787-88 in various New York newspapers under the name “Publius.”

The Federalist Papers is a brilliant defense of the Constitution. The tenth essay penetrated to the very heart of the principal Anti-Federalist argument that the nation was simply too big to be regulated by a central government. Madison argued that precisely because the nation was so large, it would be most effectively governed by a strong central government, which would prevent any single special interest from taking control. Essays 15 through 22 deftly analyzed the weaknesses of the Articles of Confederation.

Virginia ratified the Constitution by a close vote of 89 to 79, but only after the framers promised to add a “Bill of Rights” to satisfy the Anti-Federalist argument that the Constitution failed to address the rights of individuals. In the meantime, The Federalist Papers tipped the balance in New York—though just barely. The vote was 30 to 27.

Father of His Country

When New Hampshire became the ninth state to ratify the Constitution on June 21, 1788, the document became law, but it was not put into effect officially until March 4, 1789. The next month, the U.S. Senate convened to count ballots cast by members of the Electoral. College for the first president of the United States. The result surprised no one. George Washington had been unanimously elected, and John Adams became his vice president. It was, in fact, with the understanding that Washington would be elected that the framers of the Constitution entrusted so much power to the chief executive. Washington had amply demonstrated not only a genius for leadership in commanding the Continental Army, but his skill as a statesman in presiding over the Constitutional Convention. Equally important, Washington had made manifest the character of a true republican. Too often, revolutions are followed by new tyrants and tyrannies. It was clear to Congress and the people of the United States that Washington was no tyrant.

The new president was inaugurated in New York City on April 30, 1789. Even with a Constitution in place, it was up to Washington to create much of the American government and in particular to shape the office of president. He quickly created key executive departments, naming Thomas Jefferson as Secretary of State, Henry Knox as Secretary of War, Alexander Hamilton as Secretary of the Treasury, Samuel Osgood as head of the Post Office, and Edmund Randolph as Attorney General.

Washington became the model for the presidency, and the chief quality he introduced into the office was restraint. He avoided conflict with Congress, believing it was not the chief executive’s duty to propose legislation. He also opposed the formation of political parties—although, by the time of his second term, two opposing parties had, indeed, been formed: the conservative Federalists, headed by John Adams and Alexander Hamilton, and the more liberal Democratic-Republicans, headed by Thomas Jefferson. In a measure of Washington’s steadfast refusal to become a post-revolutionary tyrant, he declined to stand for a third term of office. The two-term presidency thereafter became an inviolate tradition until the twin crises of the Depression and World War II prompted the nation to elect Franklin Delano Roosevelt to a third and a fourth term. (Although the nation was grateful to FDR, it also approved the 22nd amendment to the Constitution on February 26, 1951, restricting future presidents to no more than two elected terms.) Washington not only created the office of president, he signed key treaties with England and Spain and approved the creation of a national bank. He also proclaimed neutrality in what would become a long series of wars between England and France, and he successfully quelled a spasm of internal rebellion. More than anything else, this able executive possessed a character that helped establish the United States among the other nations of the world. The classical Romans reserved one title for their greatest leaders—Pater Patriae, Father of His Country—and almost immediately, a grateful nation accorded this epithet to George Washington.

Glorious Afterthought: The Bill of Rights

The framers of the Constitution had no desire to deny individual rights, but they believed it unnecessary to provide a special, separate guarantee of those rights because the Constitution states that the government is one of “enumerated powers” only. That is, the government can take no action or assume any authority except those explicitly provided for in the Constitution. This assumption, however, was not a sufficient safeguard for the Anti-Federalists—those who feared too strong a central government. In 1789, Congress began to consider amending the new Constitution to guarantee, in specific terms, a set of inalienable individual rights. James Madison spearheaded the effort, carefully examining, weighing, and synthesizing the rights already included in several state constitutions, especially the Virginia Declaration of Rights, which had been adopted in 1776.

Ultimately ratified on December 15, 1791, the Bill of Rights is a set of the first ten amendments to the Constitution.

The first protects freedom of religion, freedom of speech, freedom of the press, and the right of popular assembly for the purpose of petition for redress of grievances.

The second amendment guarantees the right to bear arms, and the third severely limits the quartering of soldiers in private homes.

The fourth amendment forbids unreasonable searches and seizures and requires warrants to be specific (not blanket documents) and to be issued only upon probable cause.

The fifth amendment mandates grand jury indictments in major criminal prosecutions, prohibits “double jeopardy” (being tried more than once on the same charge), and guarantees that no one need testify against himself or herself. The amendment also forbids taking private property for public use without just compensation and prohibits deprivation of life, liberty, or property without due process of law.