During the ratification debates, much of the argument centered over how and when to amend the Constitution. Antifederalists wanted to amend the Constitution before it was implemented; while Federalists argued that amendments could best be considered only after experience under the Constitution demonstrated the need for change. Federalists argued that any attempt to obtain amendments prior to the ratification of the Constitution would be foolhardy and perhaps endanger the Union.
In the first five state conventions that considered the Constitution, Federalists with large majorities argued that amendments should not be considered. Most Antifederalists acquiesced and did not propose amendments. In Pennsylvania, however, an adamant minority recommended amendments, which Federalists would not allow to appear on the Journals. Antifederalists therefore had their amendments printed in newspapers and as a broadside as part of the Dissent of the Minority of the Pennsylvania Convention.
A significant change would occur in the Massachusetts Convention. After three weeks of debates, Federalists realized that the Constitution would be defeated if a vote were to be taken. Federalist leaders ingeniously met the challenge. They proposed to ratify the Constitution without any prior conditions, but with nine recommendatory amendments. The state’s members of the first federal Congress would be instructed to strive to obtain congressional approval of the Convention’s amendments under the provisions of Article V of the Constitution. Six of the remaining seven states that ratified the Constitution followed this procedure.
Pennsylvania (not accepted)
Massachusetts
Maryland (not accepted)
South Carolina
New Hampshire
Virginia
New York
North Carolina
- North Carolina Hillsborough Convention Amendments, 2 August 1788
- North Carolina Fayetteville Convention Recommendatory Amendments, 23 November 1789