RATIFYING THE CONSTITUTION

OBJECTIVES Identify/Define: Ratification, Federalists, Antifederalists, The Federalist, The Bill of Rights Explain what the arguments were of the federalists and antifederalists Determine why it was so important to have a Bill of Rights

I. Federalists and Antifederalists A. Controversies Over the Constitution: – Ratification – Official Approval – For the Constitution to be Ratified, it needed approval of 9 out of 13 states. – The framers stated the voters had to hold a special convention where the voters would decide rather than state legislatures. – Federalists- People who favored the new Constitution – Antifederalists- opposed a strong central government and were against the Constitution

– Federalists stated that division of powers and checks and balances would protect the American people from Tyranny – Antifederalists brought about a long list of possible abuses by a central government. They feared that the government would ignore the rights of the majority and that it couldn’t manage the affairs of a larger country. Lack of protection for individual rights.

B. The Opposing Forces: – Federalists included George Washington, James Madison, Alexander Hamilton. Most supporters were merchants, workers and laborers who wanted trade regulated. – Antifederalists included Patrick Henry, Sam Adams, Richard Henry Lee. Most of their supporters were from farmers and feared a large tax burden. – THE FEDERALIST- was a series of 85 essays defending the Constitution. Written by John Jay, James Madison and Alexander Hamilton, the Federalist Papers gave an explanation of how the new government worked and why it would be best for the country.

– Letters from the Federal Farmer was written by the Antifederalists. Listed the rights Antifederalists believed should be protected.

II. The Bill of Rights Leads to Ratification A. People Demand a Bill of Rights: – Antifederalists argued that the Constitution weakened States Rights. They wanted written guarantees that the people would have freedom of speech, press and religion and the right to bear arms. – Federalists insisted that the Constitution only granted limited powers to the government so it could not violate the rights of the people or the states. – In the end, a Bill of Rights was to be included.

B. Ratification of the Constitution – Delaware is the first state to ratify it in – New Hampshire was the last of the 9 needed in – However NY and VA did not vote to come in. – In Virginia, Patrick Henry, James Monroe and Richard Henry Lee claimed those in favor of the Constitution were placing themselves in the hands of another King – In NY John Jay and Alexander Hamilton used the Federalist Papers to explain their position. – On July 26, 1788 New York Ratified in a close vote. After Virginia decided to sign – Rhode Island didn’t sign until 1790, but the Constitution went into effect in 1789

C. Adoption Of A Bill Of Rights – In some states, ratification hinged on a Bill of Rights. – In 1789, Congress submitted 12 amendments to the state legislatures to be ratified. By 1791, 3/4s of the states had ratified 10 amendments our Bill of Rights – The first eight amendments spell out personal liberties and the ninth and tenth amendments limits the power of the federal government.

The Bill of Rights Amendment 1: Gives the right to freedom of religion, speech, press, peaceful assembly, and to petition the government. Amendment 2: Right to Bear Arms Amendment 3: Prevents the government from housing troops with civilians in times of peace. Amendment 4: Warrants have to be issued to search a person, their house or other items. They have to have probable cause to do so. Amendment 5: No person has to say anything that must incriminate himself. They cannot be tried twice for the same crime (double jeopardy) or be deprived of liberty without due process of law. Also land cannot be taken without compensation.

Amendment 6: Right to a Speedy, Public Trial. Also people have to be told what they are being charged with. Amendment 7: Trial by Jury Amendment 8: No cruel or unusual punishment or excessive fines can be inflicted on a person Amendment 9: Rights are not restricted to the ones listed in the Constitution. Amendment 10: Powers not delegated by the Constitution are reserved to the states.