Delegates to the Philadelphia Convention adopted the U.S. Constitution, which was sent to the states for ratification. The Anti-Federalists opposed ratification, arguing that the new Constitution gave too much power to the and criticizing its lack of . The favored ratification, publishing a series of essays defending their position. As the debate progressed, it became apparent that a statement of rights was preferred. As a result, once the Constitution was ratified, James Madison sent a series of amendments to the new Congress, which would establish the Bill of Rights.

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Once the proposed Constitution was accepted by the delegates at the Philadelphia Convention on September 17, 1789, it was sent to the states for ratification. Rules required that nine out of the thirteen original states vote to accept the Constitution. The Anti-Federalists opposed ratification, arguing that the Constitution gave too much power to the federal government at the expense of the states and that it lacked necessary expression of individual rights. The Federalists—led by founding fathers, Alexander Hamilton, John Jay, and James Madison—favored ratification and expressed their views in the Federalist Papers. As the ratification debate progressed, it became clear that the Constitution would benefit from the addition of a statement of rights. As a result, once the Constitution was ratified, James Madison sent a series of amendments to the new Congress, which would establish the Bill of Rights.