George Mason Anti-Federalists, Federalists, The Federalist Papers and the Bill of Rights 1.06 Compare viewpoints about government in the Federalist and the Anti-Federalist Papers Evaluate the extent to which the Bill of Rights extended the Constitution.

1.After the Constitution was signed on September 17, 1787, the fight for Ratification began. 2.9 out of 13 states had to ratify the Constitution before it would go into effect. 3.Two factions (opposing groups) emerged: A.Federalists who supported the Constitution B.Anti-Federalists who opposed to the Constitution 4.These two groups argued for their position in newspapers, magazines, and pamphlets until the Constitution was ratified by the 9 th and decisive state on June 21, 1788

5. Ideology of Factions Federalists Anti-Federalists Supported removing some powers from the states and giving more power to the national government. Wanted important political powers to remain with the states. Favored dividing powers among different branches of government. Wanted the legislative branch to have more power than an executive. Proposed a single person to lead the executive branch. Feared that a strong executive might become a king or tyrant. Believed Constitution did not need a Bill of Rights Wanted a Bill of Rights added to the Constitution

Anti-Federalists 1.Led by Thomas Jefferson and included farmers and small landowners who believed nation’s future rested on agriculture. 2.Arguments made by Anti-Federalists A.The Constitutional Convention went beyond what they were charged to do. (illegal-Treason) B.A strong national government would destroy states’ rights. C.Resembled a monarchy with its concentration of power D.Did not have a Bill of Rights

Federalists 1.Argued that the new nation needed an effective national government to handle the nation’s economy, establish its monetary system, promote justice, and protect individual liberty. 2.Took name “Federalists” show link to “Federalism” A.Federalism: government power is distributed among the states, but the power of the central authority outweighs the authority of the states. 3.Included Alexander Hamilton, George Washington, Benjamin Franklin, and James Madison. 4.Wrote a series of letters/essays called the Federalist papers in support of the new constitution.

The Federalist Papers 1.Written by Alexander Hamilton, James Madison and John way under pen name Publius (Latin word for public). 2.A series of letters published in newspapers 3.Written for three reasons: A.To influence the vote in favor of ratification B.To explain the Constitution for future interpretation C.Outlined how the Constitution should be set up 4.Included 85 letters published from October 1787 to April 1788 and later bound in book form.

The Federalist Papers 5.Arguments made by The Federalist Papers A.Federalists 1-14 stressed importance of the Union B.Federalists’ stressed inadequacy of the Articles of confederation C.Federalists Explained arguments for the Type of Government Contained in the Constitution D.Federalists Explained the Republican Form of Government E.Federalists explained the 3 branches of government. F.Federalists answers questions of objections to the Constitution

Ratification 1.In the spirit of Compromise, the Federalists agreed to add a Bill of Rights which helped the document to be ratified. 2.Delaware was the first state to ratify the document on December 7, New Hampshire was the 9 th and decisive state. 4.North Carolina became the 12 th state to ratify the Constitution whey they approved the document on November 21, Rhode Island was the last to ratify in Once the document was ratified questions arose on how to put the Constitution into practice leading to the growth of political parties.

Alexander Hamilton ( ) was the primary intellectual force for nationalism throughout the founding period, was Washington ’ s most trusted advisor, and the principle architect of the nation ’ s economic policy as Secretary of the Treasury. James Madison (I) ( ) was aligned with Hamilton and the Federalists early on and was the principle architect of the Constitution. As a member of the House of Representatives, he drafted the Bill of Rights and introduced it in the first Congress. Both Hamilton and Madison wrote most of the Federalist papers. John Jay only wrote a few as he was ill and unable to participate more fully. Who Were the Federalists?

In Federalist No. 84, Hamilton argued: It has been several times truly remarked, that bills of rights are in their origin, stipulations between kings and their subjects, abridgments of prerogative in favor of privilege, reservations of rights not surrendered to the prince. Such was Magna Carta, obtained by the Barons, sword in hand, from king John...It is evident, therefore, that according to their primitive signification, they have no application to constitutions professedly founded upon the power of the people, and executed by their immediate representatives and servants. Here, in strictness, the people surrender nothing, and as they retain every thing, they have no need of particular reservations. "We the people of the United States, to secure the blessings of liberty to ourselves and our posterity, do ordain and establish this constitution for the United States of America." Here is a better recognition of popular rights than volumes of those aphorisms which make the principal figure in several of our state bills of rights, and which would sound much better in a treatise of ethics than in a constitution of government.... I go further, and affirm that bills of rights, in the sense and in the extent in which they are contended for, are not only unnecessary in the proposed constitution, but would even be dangerous. They would contain various exceptions to powers which are not granted; and on this very account, would afford a colorable pretext to claim more than were granted. For why declare that things shall not be done which there is no power to do? Why for instance, should it be said, that the liberty of the press shall not be restrained, when no power is given by which restrictions may be imposed? I will not contend that such a provision would confer a regulating power; but it is evident that it would furnish, to men disposed to usurp, a plausible pretense for claiming that power. The Federalist Argument

Who Were the Anti- Federalists? George Mason ( ) wrote the Virginia Declaration of Rights, detailing specific rights of citizens, which became the model for the Declaration of Independence and the first ten Amendments to the U.S. Constitution. Patrick Henry ( ) was a prominent figure in the Revolution, known for his "Give me liberty or give me death" speech, Governor of Virginian and a radical rights advocate.

At the Virginia Ratification Convention, Patrick Henry spoke: If you give up these powers, without a bill of rights, you will exhibit the most absurd thing to mankind that ever the world saw — government that has abandoned all its powers — the powers of direct taxation, the sword, and the purse. You have disposed of them to Congress, without a bill of rights — without check, limitation, or control. And still you have checks and guards; still you keep barriers — pointed where? Pointed against your weakened, prostrated, enervated state government! You have a bill of rights to defend you against the state government, which is bereaved of all power, and yet you have none against Congress, though in full and exclusive possession of all power! You arm yourselves against the weak and defenseless, and expose yourselves naked to the armed and powerful. Is not this a conduct of unexampled absurdity? What barriers have you to oppose to this most strong, energetic government? To that government you have nothing to oppose. All your defense is given up. This is a real, actual defect. It must strike the mind of every gentleman. The Anti-Federalist Argument

You will write a persuasive speech from the perspective of a federalist or an antifederalist, arguing for or against the inclusion of the bill of rights into the constitution. You must defend your arguments by using Patrick Henry’s speech or the federalist papers. (Depending on which side you pick) Speech must be 1 page long. Students will be allowed to present their speech to the teacher at the end of the period. The Bill Of Rights Argument

1.The Bill of Rights was the first test of the amendment process outlined in Article 5 of the Constitution. 2.The Articles lays out two ways to amend a document. A.2/3 rd of both houses, or Conventions in 2/3 rd of the states propose an amendment B.3/4 th of state legislatures or special conventions in each state ratifies the amendment 3.10 of 12 proposed amendments were ratified on December 15, 1791.

1.1 st Amendment: 5 Freedoms – religion, assembly, petition, press, and speech. A.Establishment Clause: government can not establish a state religion. B.Free exercise Clause: citizens can worship (or not) any way they choose. Amendments

2.2 nd Amendment: right to bear arms. 3.3 rd Amendment: government can’t ask you to quarter soldiers.

4.4 th Amendment: protection against search and seizure A.Police need search warrant or probable cause 5.5 th Amendment: due process of law, right to remain silent, indictment by a grand jury, double jeopardy, and eminent domain (rights of person’s accused of a crime)

6.6 th Amendment: right to a speedy, fair, and public trial of your peers, right to a lawyer/attorney/ counsel, right to confront witnesses, right to bring witnesses to testify on your behalf. (more rights of the accused)

7.7 th Amendment: right to a jury trial in civil cases more than $ th Amendment: right to apply for bail, no cruel or unusual punishment

9.9 th Amendment: All powers not listed in the constitution belong to the people th Amendment: All powers not listed in Constitution belong to states or the people.

Student will draw a picture for each Amendment covered in class today (I-X) by using comic strip template.