Writing the Constitution

Federalists vs. Anti Federalists Supporters of the New Constitution – wanted stronger national government James Madison Alexander Hamilton John Jay Anti-Federalists: Opposed ratification of the new Constitution Didn’t trust strong central government. New Constitution didn’t protect individual freedoms 1. Would take away liberties 2. Create a strong central government Ignore the will of the people Want Bill of Rights added to Constitution. Leaders: George Mason Patrick Henry Thomas Paine Thomas Jefferson

Anti-Federalists Argued that states’ rights should remain powerful – Revolution was fought to get away from strong central government – Constitution should protect individual rights Patrick Henry Very opposed to the idea of a stronger national government Refused to attend the Philadelphia Convention. George Mason Leader of the Anti-Federalists Delegate from Virginia at the Constitutional Convention Believed in the need to restrict governmental power and support protection of individual rights in order to prevent government abuse

Federalists Stronger national government Alexander Hamilton Delegate from New York at Constitutional Convention Wanted to go beyond the stated powers of the Constitution James Madison “Father of the Constitution” Authored the first 10 Amendments to compromise with the Anti-Federalists

Federalist Papers James Madison, Alexander Hamilton, & John Jay wrote a series of essays known as the Federalist Papers Their purpose was to explain/defend/ratify the Constitution Published anonymously Written to put down fears of strong central government.

Argument Resolved Addition of Bill of Rights – to protect individual rights 1st: Freedom of speech, religion, press, assembly, petition 2nd: Bear arms 3rd: No quartering troops during times of peace 4th: Search and seizure 5th: Right to due process, not to be tried for the same crime twice (double jeopardy), and not to testify against yourself 6th: Right to speedy public trial, right to trial by jury, right to an attorney 7th: Right to trial by jury in civil trials 8th: Right not to have excessive bail and/or punishment 9th: Rights of the people 10th: Rights to the states

Signing the Constitution Struggling with difficult questions September 17, 1787 – Constitution ready Preamble expressed goals “We the People of the United States, in order to form a more perfect union…” All but 3 delegates signed Edmund Randolph George Mason Elbridge Gerry Feared gave too much power to national government

Ratification June 21, 1788 New Hampshire, the 9th state signed the constitution putting into effect the new government. There were still states that had not ratified. This threatened the outcome of the new Gov.

Modeled after English Bill of Rights Amendments Before any of the states would sign the Constitution, the delegates wanted a way to amend the Constitution in order for it to grow with the times and the country Bill of Rights 1st Amendment 2nd Amendment 3rd Amendment 4th Amendment 5th Amendment 6th Amendment 7th Amendment 8th Amendment 9th Amendment 10th Amendment Modeled after English Bill of Rights

Influences from Historical Documents Magna Carta (1215) – Limited the power of the King Constitution limits the power of the central government Mayflower Compact (1620) – self governing and majority rule Federalist Papers – support ratification of the Constitution Strong central government with separated powers and system of checks & balances Anti-Federalist writings – opposed Constitution Lacked protection of individual rights Bill of Rights added to protect those rights

**5th: Rights of the accused** Grievances Addressed Taxation Without Representation King has absolute power Colonists not allowed to speak out against King Quartering Act Home searched without warrants No trial by jury of peers All states have representation in Congress, which sets taxes Congress has power to override Presidential veto 1st : Freedom of Speech 3rd: No Quartering troops 4th: No unwarranted search/seizure 6th & 7th: speedy and public trial, and trial by jury **5th: Rights of the accused**