Ashbrook Founding Institute at Philadelphia
Topics in American History and Government:
The Ratification Debate
Sunday, June 24, 2012 - Friday, June 29, 2012
Instructors: Jeremy Bailey and Todd Estes
Course Focus:
This course examines the debate over ratification of the U.S. Constitution in 1787-1788. Once
the Philadelphia convention adjourned September 17 and forwarded the finished Constitution to
the states, an intense national debate, lasting more than a year, got underway. This class will
focus on the debates engendered by the new Constitution, examine the arguments developed for
and against the document by its advocates and critics, trace the patterns and the process of
ratification, and consider the historical, theoretical and philosophical backgrounds to those
debates. Finally, the course will examine the ratification contests as they took place both in the
newspapers and in the individual state ratifying conventions.
Learning Objectives:
1. Students will understand the key ideas of the ratification debate and the contests of opinion
over the Constitution.
2. Students will understand how the logic of the ideas in these debates was related in the minds
of the participants to the foundations, forms, and purposes of government, and American
government, in particular.
3. Students will understand what "defects" or "vices" Madison, Washington, Hamilton, and
others discerned in the foundations and forms of both the Articles of Confederation and the state
constitutions created in the course of the Revolution.
4. Students will understand the fears and apprehensions of the critics of the new Constitution
and the various reservations they voiced about the new system.
5. Students will understand the arguments made in support of the new Constitution by its
supporters and the ways they responded to criticisms of the new frame of government.
6. Students will understand the rhythms and nuances of the ratification debate and the various
stages it progressed through in the newspapers and the state conventions.
7. Students will understand and analyze the major theoretical issues embedded in the debate and
understand how these questions of theory played out in the contest.
1
8. Students will understand the significance of the ratification and implementation of the new
Constitution and its consequences for American politics and foreign policy.
Requirements:
 Attendance and participation in class meetings; essay examination during exam period on
Friday
Required Texts:
Bernard Bailyn (ed.), The Debate on the Constitution, Volumes I and II. New York: The
Library of America, 1993. ISBN: 0940450429 (I) and 094045064X (II)
Course Packet (CP) of additional reading materials. These materials are required texts for your
course.
Recommended Texts:
Pauline Maier, Ratification: The People Debate the Constitution, 1787-1788 New York: Simon
and Schuster, 2010. ISBN: 9780684868547
NOTE: readings in Bailyn are indicated below in the daily schedule by the title of the essay,
volume number (I or II), and page numbers. Note also that there is some intentional duplication
in the reading assignments, owing to the different ways these documents will be analyzed and
taught.
2
“REVISED”
(Effective 5/17/12)
Schedule:
Sunday, June 24
4:30 pm – 6:00 pm: Session 1: Introduction to this Seminar with Jeremy Bailey and Todd Estes
Topic: Stage One - The Early Start to the Ratification Contest
Focus Question:
What did critics of the Articles of Confederation do to encourage a change in government
even while the Philadelphia convention was still meeting?
Recommended Reading: 1. Maier, Prologue and chp. 1
6:10 pm:
Meet in hotel lobby to walk to dinner
6:15 pm – 7:30 pm – Dinner at City Tavern
7:45 pm – 9:15 pm: Session 2: Institute Lecture: Gordon Lloyd (Attendance Mandatory)
Monday, June 25
9:00 am – 10:30 am: Session 3 Professor Bailey
Topic: Difficulties at the Convention, Unresolved Questions, and Debate about the Debate
Focus Questions:
 What are the similarities and differences between Hamilton’s and Madison’s discussion
of the ratification debate in Federalist Nos. 1 and 37?
 Why is Randolph’s opposition important?
 What can we learn from Cato’s case for “deliberation”?
Required Readings:
1. Federalist Nos. 1 (I 219-24) and 37 (I 754-61)
2. Hamilton, Conjectures (I 9-11)
3. Madison, Letter to Jefferson, 24 Oct 1787 (I 192-208)
4. Randolph, Reasons for not Signing (I 595-611)
5. Washington, On Amendments (II 420-423)
6. Cato and his critics (I 31-41)
3
10:45 am – 12:15 pm: Session 4 Professor Estes
Topic: Stage Two: The First Month of the Public Debate
Focus Questions:
 What strategies and tactics were used in the first month of the debate?
 What arguments did the sides use and how did they set the tone for the contest that
followed?
Required Readings:
1. Hamilton’s Conjectures (I 9-11)
2. A Revolution Effected By… (I 12-14)
3. David Redick to William Irvine (I 15-16)
4. Cato I (I 31-33)
5. RH Lee to George Mason (I 45-47)
6. Centinel I (I 52-62)
7. James Wilson’s Speech (I 63-69)
8. Replies to Wilson’s Speech by Cincinnatus (I 92-96) and An Officer of the Late
Continental Army (I 97-104)
9. Brutus I (I 164-175)
10. The Weakness of Brutus Exposed (I 176-188)
11. A Political Dialogue (I 189-191)
Recommended Reading:
1. Maier, chp. 3
1:45 pm – 3:15 pm: Session 5 Professor Bailey
Topic: What kind of republic? The powers of Congress
Focus Questions:
 Most early Americans agreed that Congress would be the “most dangerous” branch?
 What powers in particular caught the attention of those opposed to the Constitution?
 Are these fears related to concerns about the large republic?
Required Readings:
1. Agrippa VI (I 517-20)
2. Mason, Objections to the Constitution (1 345-349)
3. Melancton Smith fears the Federal Taxing Power (II 816-21)
4. Brutus VIII (I 691-697)
4
Tuesday, June 26
9:00 am – 10:30 am: Session 6 Professor Estes
Topic: Stage Three: Pennsylvania, Early Federalist Victories, and Federalist Overreach
Focus Questions:
 How did Federalists behave in Pennsylvania?
 How did that backfire against them?
 What was the nature of the ratifying conventions in Pennsylvania and the other early
states?
Readings:
1. Federalist I (I 219-223)
2. John Humble (I 224-226)
3. Americanus (I 227-230)
4. Letter of a Federal Farmer (I 245-288)
5. Refutation of the Federal Farmer (I 289-304)
6. Elbridge Gerry to Massachusetts General Court (I 231-233)
7. Brutus 3 (I 317-323)
8. Inhabitants of Pittsburgh Resolution (I 324)
9. A Landholder 3 (I 329-332)
10. George Mason’s Objections (I 345-349)
11. James Madison’s “Prolix Comment” on Mason (I 350-352)
12. Brutus 4 (I 423-430)
13. Federalist 14 (I 431-436)
14. Samuel Adams to RH Lee (I 446-447)
15. Brutus 5 (I 499-506)
16. Dissent of the Pennsylvania Minority (I 526-552)
17. Reply to the Pennsylvania Minority (I 566-569)
Recommended Reading:
1. Maier, chp. 4
10:45 am – 12:15 pm: Session 7 Professor Bailey
Topic: What is the best basis for representation?
Focus Questions:



What is the difference between Brutus’s view of representation and that advocated by
Edmund Burk?
On what understanding of human nature does each rest?
Where does Publius fit in?
5

Who had the better understanding?
Readings:
1. Brutus III (I 317-23)
2. Brutus IV (I 423-31)
3. Federalist LV11 (II 213-18)
4. Edmund Burke, Speech at Bristol (CP p. 3)
1:45 pm – 3:45 pm: Session 8 Guest Instructor: Professor Burkett
Topic: “Historic Philadelphia” Q & A
5:00 pm – 6:30 pm: Session 9 Professor Estes
Topic: Stage Four: Massachusetts and the Mechanism of Amendments
Focus Questions:
 Why did Federalists in Massachusetts allow recommended amendments?
 How significant was that decision and what did it mean for the rest of the ratification
contest?
Readings:
1. Massachusetts Ratifying Convention (I 889-945)
2. Federalist 37 (I 754-761)
3. Yates and Lansing to George Clinton (II 3-6)
4. Rawlins Lowndes and Edward Rutledge Debate (II 19-25)
5. Federalist 39 (II 26-32)
6. Brutus 9 (II 40-46)
7. Centinel 12 (II 81-85)
8. Brutus 11 (II 129-135)
9. A Deep Laid Scheme (II 243)
10. Joseph Spencer to James Madison (II 267-269)
11. A Columbian Patriot (II 284-303)
Recommended Reading:
1. Maier, chps. 6 and 7
Wednesday, June 27
9:00 am – 10:30 am: Session 10 Professor Bailey
Topic: Is the Bill of Rights bad for liberty?
6
Focus Questions:
 Opponents of the Constitution pointed out that a Constitution lacked a bill of rights. To
meet this criticism, advocates of the Constitution elaborated a theoretical defense for this
omission. What do Wilson and Webster say about bills of rights?
 What does this argument presume about liberty?
 Are they correct?
 On what grounds does the Federal Farmer defend the idea of a bill of rights?
Readings:
1. Wilson, Speech at Public Meeting (1 63-69)
2. An Officer of the Late Continental Army, Reply to Wilson’s Speech (97-104)
3. Madison, letter to Randolph (I 744-747)
4. Giles Hickory, On the absurdity of a Bill of Rights (I 669 -72)
5. Giles Hickory, Liberty is Never Secured by Paper Declarations (II 304-15)
6. Federal Farmer, No. 16 (CP p. 6)
10:45 am – 12:15 pm: Session 11 Professor Estes
Topic: Stage Five: Virginia and the Inexorability of Ratification
Focus Questions:
 What made the Virginia convention debates so compelling?
 How did the Federalists prevail?
 Did arguments and persuasion win over delegates or were there other factors of
timing and momentum involved in Virginia’s ratification?
Readings:
1. Virginia Ratifying Convention (II 595-756)
2. Brutus 15 (II 372-378)
3. James Madison to George Nicholas (II 443-450)
4. RH Lee to Edmund Pendleton (II 462-466)
5. Phocion (II 526-532)
Recommended Reading:
1. Maier, chps. 9 and 10
1:45 pm – 3:45 pm: Session 12 Guest Instructor: Professor Burkett
Topic: “Historic Philadelphia” Q & A
7
5:00 pm – 6:30 pm: Session 13 Professor Bailey
Topic: Is a powerful executive compatible with liberty?
Focus Questions:
 Mason and Hamilton disagree about the need for a powerful executive. Who has the
better argument?
 How does Hamilton’s argument in Federalist Nos. 71 and 72 relate to the argument
about representation in Congress?

James Iredell defended the presidency as constructed in the new constitution, but he
offered an explanation of the impeachment power that is somewhat different than
current political practice. Would his understanding of impeachment change the
presidency as we know it?
Readings:
1. George Mason on the President (II 718-19)
2. James Iredell on Impeachment (II 882-87)
3. Federalist 70 (II 346-54)
4. Federalist 71-2 (II 357-67)
Thursday, June 28
9:00 am – 10:30 pm: Session 14 Professor Estes
Topic: Stage Six: New York and the Value of Being on the Inside of the Union Looking Out
Focus Questions:
 Were the arguments in the New York convention the best of the whole debate?
 Was Melancton Smith the unsung hero of ratification?
 Why did New York finally vote to ratify?
Readings:
1. New York Ratifying Convention (II 757-853)
2. David Ramsay’s oration (II 506-513)
Recommended Reading:
1. Maier, chps. 12 and 13
10:45 am – 12:15 pm: Session 15 Professor Bailey
Topic: Judges and the Problem of Interpretation
Focus Questions:
 Why is constitutional interpretation necessary?
8




Why is it necessary in the case of this proposed constitution?
What are the possible paths constitutional interpretation might take?
What is Brutus’s concern about the federal judiciary? Is he right?
Or is Hamilton correct to predict that the judiciary would be the weakest branch?
Readings: 1. Brutus 11 (II 129-135)
2. Brutus 12 (II 171-77)
3. Edmund Randolph on the Necessary and Proper Clause (II 709-717)
4. Federalist 78 (II 467-75)
5. Samuel Parsons to Cushing (I 748-53)
1:45 pm – 3:15 pm: Session 16 Professor Estes
Topic: Stage Seven: Ratification Achieved, a New Government, and a Bill or Rights
Focus Questions:
 What was the end game of the ratification contest?
 How was ratification ultimately achieved?
 Did the Federalists win or did the Anti-Federalists lose?
 Or did all sides win some and lose some?
Reading:
1. Ratifications and Resolutions of the Seven State Conventions (II 536-574)
Recommended Reading:
1. Maier, chp. 14 and Epilogue
Friday, June 29
9:00 am – 10:30 pm: Session 17 Professor Bailey
Topic: Why this Bill of Rights? Other unresolved questions.
Focus Questions:
 What are the most important proposals that did not make it into the Bill of Rights?
 What important issues remain unresolved?
 Why did Madison come to support the Bill of Rights?
Readings:
1. Ratifications and Resolutions of the Seven State Conventions (II 536- 74)
2. Bill of Rights (II 954-5)
9
11:00 am – 12:30 pm: Session 18 Professors Bailey and Estes
Topic: Summary and review for final exam
1:00 pm – 3:00 pm: Session 19 Final Examination
10