Wrapping up the Constitution! Please have out “federalism” homework…

Wednesday, October 11 EVERYONE GRAB A CHROMEBOOK (please wait to turn it on) Article 5- the Amendment process https://www.youtube.com/watch?v=Rq0DtugXMkA Article 7- “Ratification” Federalists v. Anti-federalists Close Reading of Federalist #51 15 points; due tomorrow

Amendment Process:

Federalism- The Constitution divides power between the national and state governments

Flexibility- The Constitution leaves room for interpretation and allows the government powers that are not specifically granted it. The Amendment process allows future generations to change the document to suit their needs.

RATIFICATION: Federalists vs. Anti-Federalists Background to Ratification- notes, discussion Federalists v. Antifederalists Close Reading: Federalist # 51

Ratifying the Constitution

RATIFICATION- official approval Sept. 1787- submitted to conventions in each state 9 out of 13 must ratify "Fame" Announces Ratification of Constitution

Article VII (last article): The Ratification of the Conventions of nine States, shall be sufficient for the Establishment of this Constitution between the States so ratifying the Same. States had to call conventions with the sole purpose of ratifying or not…. Why not the state legislatures?

The Debate begins FEDERALISTS Support ratifying the Constitution ANTIFEDERALISTS- Oppose ratifying the Constitution

Feds… Anti-Feds… Sam Adams Washington Hancock Madison Patrick Henry Hamilton R. H. Lee

The Federalist Papers 85 essays by Hamilton, Madison, Jay published in papers to gain support for ratification Explain political theory behind Constitution

Some issues debated: FEDERALISTS- SUPPORT RATIFICATION   FEDERALISTS- SUPPORT RATIFICATION ANTI-FEDERALISTS- OPPOSE RATIFICATION Key leaders James Madison, John Jay, Alexander Hamilton, George Washington George Mason, Mercy Otis Warren, Sam Adams, Thomas Jefferson Is a large republic possible? Do we need a Bill of Rights? Is the Constitution too vague? Do we need a strong central government?

Large republic possible? Never been one (Rome turned into a dictatorship, more or less, after it expanded) Hypothetical(s): Would it be a good idea to join with Mexico and Canada, creating one large republic? What about one big world republic?

Federalist #10 (Madison) “Among the numerous advantages promised by a well constructed union, none deserves to be more accurately developed, than its tendency to break and control the violence of faction.” Faction- group of people with a particular interest who often are willing to sacrifice public good for their own gain… Why might a large republic “solve” this?

Large republic possible? Federalists- YES Anti-Federalists- NO

Bill of Rights necessary? Why might it be a bad idea for Mr. Rider to have a classroom policy as follows: To receive a 4 in conduct, you must: Not drink any soda in class Not refer to anyone present as a “nincompoop” or “goober” Refrain from throwing textbooks out the window, or in general

Hamilton #84 I go further and affirm that bills of rights…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. WTH is he talking about? Do you buy it?

Bill of Rights necessary? Federalists- no Anti-Federalists- yes

Why might you want it to be more specific? Vagueness of Constitution… 4,500 words New York State Constitution: 56,326 words Affordable Care Act: 381,517 words Why might you want it to be more specific? What about the “elastic clause”? “Congress has the power to make all Laws which shall be necessary and proper for carrying into Execution the foregoing Powers”

Madison #44 If it be asked, what is to be the consequence, in case the Congress shall misconstrue this part (elastic clause) of the Constitution, and exercise powers not warranted by its true meaning? …(T)he success of the usurpation will depend on the executive and judiciary departments, …and in the last resort, a remedy must be obtained from the people, who can by the election of more faithful representatives, annul the acts of the usurpers.

Is the Constitution too “vague”? Federalists- no Anti-Federalists- yes

Stronger Central government- good or bad news Who do you think is more reliable to look out for your specific interests- New York State government or United States government?

Federalists vs. Anti-Federalists A of C too weak Stronger national gov. is needed safeguards are in place (federalism, checks..) Fear “people” New National gov. too strong States’ power, individual liberties are threatened President too powerful Fear “government”

Why Federalists win out Articles unpopular; Shay’s Rebellion Anti-Feds- provide no option Feds- nationally organized “Star Power”- George Washington Assumed he will be first president; people trust him with power And…. Federalists promise a ……

Ratification Federalists promise Bill of Rights to assure ratification Summer 1788- NY and VA ratify New government forms in 1789 1791- Bill of Rights added (first ten amendments)

Federalist 51- James Madison versus Centinel/ Brutus/ George Mason… Please answer the questions for all documents in complete sentences using textual evidence. You may use separate paper or type the answers if you want. Summation Exercise/ “Essay”- for full credit, please be specific and answer in detail

Some issues debated: FEDERALISTS- SUPPORT RATIFICATION   FEDERALISTS- SUPPORT RATIFICATION ANTI-FEDERALISTS- OPPOSE RATIFICATION Key leaders James Madison, John Jay, Alexander Hamilton, George Washington George Mason, Mercy Otis Warren, Sam Adams, Thomas Jefferson Is a large republic possible? Do we need a Bill of Rights? Is the Constitution too vague? Do we need a strong central government?

Some issues debated: FEDERALISTS- SUPPORT RATIFICATION   FEDERALISTS- SUPPORT RATIFICATION ANTI-FEDERALISTS- OPPOSE RATIFICATION Key leaders James Madison, John Jay, Alexander Hamilton, George Washington George Mason, Mercy Otis Warren, Sam Adams, Thomas Jefferson Is a large republic possible? Sure!  No way! Do we need a Bill of Rights? Dangerous! Heck ya! Is the Constitution too vague? Needs to be Necessary and proper- Hold the phone! Do we need a strong central government? Yes No

The Federalist Papers 85 essays by Hamilton, Madison, Jay published in papers to gain support for ratification Explain political theory behind Constitution

Adding the Bill of Rights Bill of Rights- assure basic freedoms 1st 10 amendments Ratified 1791 Amend- “change” the Constitution

1st amendment Freedom of speech, religion, press, assembly, petition http://www.washingtontimes.com/news/2011/mar/2/supreme-court-oks-church-protest-military-funerals/?page=all Freedom of speech, religion, press, assembly, petition

Should a radical, anti-gay religious group be allowed to protest at military funerals?

Under the “Affordable Care Act” (Obamacare), employers must offer contraception and related procedures to employees. Several companies have filed suits this violates the first amendment. Is this constitutional?

5-4 decision The Supreme Court argued the Affordable Care Act, also known as Obamacare, violates the First Amendment and other federal laws protecting religious freedom because it requires them to provide coverage for contraceptives like the "morning-after pill," which the companies consider tantamount to abortion.

Second Amendment Right to bear arms

3rd Amendment Government can’t use private homes as military quarters

Fourth Amendment No unreasonable search and seizure Need a WARRANT http://www.nytimes.com/2012/01/24/us/police-use-of-gps-is-ruled-unconstitutional.html?pagewanted=all&_r=0 www.slate.com/id/2143983/

Fifth Amendment Gov’t needs an indictment of a Grand Jury- 12 to 23 citizens who decide if there is enough evidence to go to trial Double Jeopardy- Accused may not be tried twice for same crime Accused does not have to testify “pleading the fifth” Due process- same fair rules in all cases Eminent domain- Gov’t can take your property, but must pay you http://www.washingtonpost.com/wp-dyn/content/article/2005/06/23/AR2005062300783_pf.html

Sixth Amendment Right to a JURY trial in criminal cases Right to a lawyer to defend you

Seventh Amendment Trial by jury in lawsuits over money or property over $20

Eighth Amendment Judges cannot Order excessive bail Impose cruel and unusual punishment Cruel and unusual?

Ninth Amendment 10th Amendment Government can’t claim that these are your ONLY rights Part of Roe v. Wade Woman’s right to “privacy” 10th Amendment Any powers not specifically mentioned in the Constitution are delegated to the states “FEDERALISM”

10th Amendment Any powers not specifically mentioned in the Constitution are delegated to the states “FEDERALISM”

Bill of Rights: 1st Amdmt: Freedom of Religion, Speech, Press, Assembly, and Petition 2nd Amdmt: Right to Bear Arms 3rd Amdmt: Soldiers Quartered in homes 4th: Gov’t needs a search warrant 5th: rights of accused criminals (Due process) 6th: rights of accused criminals 7th: rights in civil trials 8th: rights of accused and convicted criminals 9th: there are more rights not listed 10th: any powers not included in const. are given to states

Yes or No: 1-Should the government assist religious schools with money to buy textbooks? 2-Should a person be permitted to say anything at all about the government during wartime? 3-Should a newspaper that has received copies of secret government documents be allowed to publish them? 4-Should a group known for its anti-American statements be permitted to hold a rally?