Chapter 2

 Opponents of ratification  Believed representative government could work only in a small community of citizens with similar beliefs  Felt a large, diverse state could not sustain a republic  Thought a national government would impose uniform rule over a heterogeneous population of diverse economic pursuits, varied religious beliefs, and customs

 Wrote essays under pseudonym, Brutus  Argued that a government that operates at a distance of most of its citizens will no longer reflect those citizens’ character  To maintain authority the government would:  Resort to force  Require a standing army  Tax

 Be prone to the abuses that had destroyed republics since ancient times  Each branch had potential for tyranny  Congress – power to make any laws “necessary and proper”  Grant monopolies, inflict cruel punishments, limit powers of state legislatures  President – unlimited power to grant pardons for crimes  National Court – destroy the judicial power of state governments

 Checks and balances could be turned against the peoples’ liberties:  Constitution says treaties are the supreme law of the land; treaties are made by President & approved by Senate, giving Senate an exclusive legislative power over the House  The powers of the executive and legislative branches are more mixed than separated; rather than check each other, the President & Congress could collude to enact legislation, make war, or pass taxes undermining state & local governments

 Constitution did not truly create a representative government  House would have 65 members for a population of 3 million (1 rep per 46,000)  Senate chosen by state legislatures  President chosen by Electoral College

 NO BILL OF RIGHTS  Organization of national government does not adequately protect rights  National governments powers are general and vague  “necessary and proper” clause  Nothing in Constitution to keep the national government from violating all rights that it does not specifically protect  Religion, speech, assembly, or press  State Constitutions have Bills of Rights  Necessary to remind people of the principles of our country

 Supporters of ratification  Alexander Hamilton, James Madison, & John Jay published a series of essays in 3 New York newspapers under pseudonym Publius (“friend of the people”)  Collectively these are now known as The Federalist Papers  Presented the Constitution as a well-organized, agreed-on plan for national government

 Acknowledged the historical problem of a republic not sustaining in a large, diverse nation (ROME)  Federalist 10 (Madison) – faction posed the greatest danger to governments of the people  Any group within a society that promoted its own self-interest at the expense of the common good  If a faction consisted of a minority, a democracy worked because the majority could outvote it  But if faction was a majority, then there was a risk of majority tyranny  Therefore a republic would work better

 Federalist 10 Cont.  Benefits of a large, diverse republic  So many factions that none could command a majority  More likely to be “fit characters” for leadership  Good representatives “enlarged” and “refined” the public’s views by “filtering” out ideas that were based on self-interest

 Civic virtue can no longer be relied on as the sole support of a government that can protect people’s rights and promote their welfare  The way the Constitution organizes the government, including the separation of powers and checks and balances, is the best way to promote the goals of republicanism  The representation of different interests in the government will protect basic rights  House protects local interests  President safeguards national interests  Supreme Court ensures good judgment because its free of political manipulation  It can be AMENDED!

 By June 1788 nine states had ratified  But neither New York or Virginia had ratified  Compromise – When the first Congress was held, Federalists would support adding a Bill of Rights to the Constitution  VA and New York ratified  Now North Carolina & Rhode Island holding out  Once the first Congress passed the Bill of Rights, NC & RI ratified in 1790

 5 Basic Rights  Religion  Speech  Press  Assembly  Petition

 Right to Bear Arms  Freedom from Quartering Troops  Except in times of war

 Freedom from unreasonable search and seizure  Rights of the Accused  Due process  Indictment by Grand Jury  Freedom from Double Jeopardy  Freedom from Self-Incrimination  Just Compensation for Eminent Domain

 Right to a jury in Civil Trials  Rights when on trial  Speedy and public trial by jury of peers  Right to confront witnesses  Right to have witnesses  Right to counsel

 Freedom from excessive bail and cruel and unusual punishments  Unenumerated rights of the people protected  Powers reserved for the states