1-6: Ratification and Amendment of the Constitution

Ratification Debate Anti-Federalists Small farmers, laborers, shopkeepers Strong state governments Viewed the Constitution as class-based Demanded a bill of rights Brutus No. 1 adhered to broad participatory democracy Benefits of small decentralized republic Large, centralized government would endanger personal liberty The Articles of Confederation could be amended only by the agreement of all 13 state legislatures. In contrast, the Framers required that conventions in only 9 of the 13 states would be needed to approve the Constitution. Ratification sparked a nationwide debate between Anti-Federalists who opposed the Constitution and Federalists who supported it.

Ratification Debate Federalists Large landowners, wealthy merchants, professionals Strong national government Federalist Papers A large republic such as the U.S. would fragment political power Federalist No. 51: delegating authority to elected representatives and dispersing power between states and national government in a large republic would control the “mischiefs of faction” The Federalist Papers were a series of 85 essays written by Alexander Hamilton, James Madison, and John Jay in support of the Constitution.

Ratification After the Bill of Rights was added, enough states ratified the Constitution and the Union was formed Bill of Rights Written guarantees of protections from government Unlisted powers belong to states Although Delaware, New Jersey, and other small states promptly ratified the Constitution, the contest proved to be very close in Virginia and New York. North Carolina and Rhode Island insisted on a bill of rights as a condition for joining the Union.

Constitutional Change Formal Process Illustrates federalism Sharing of power between state and national governments Informal Process Legislation Executive actions Judicial decisions Party practices Unwritten traditions Congress has passed a number of laws that both clarified and expanded constitutional provisions. The Judiciary Act of 1789 began the process of creating the federal court system we have today. Acts of Congress created the cabinet departments, agencies, and offices of the executive branch. Congress has also passed a number of laws that have defined and expanded the Commerce Clause. For example, congressional regulations now cover railroad lines, air routes, and internet traffic. Presidents have used their power as commander-in-chief of the armed forces to send troops into combat without a declaration of war. An executive agreement is a pact made by the President with the head of a foreign state. Unlike treaties, executive agreements do not have to be signed by the Senate. Judicial review is the power of the Supreme Court to determine if acts of Congress and the President are in accord with the Constitution. Political parties are not mentioned in the Constitution. In fact, the framers warned of what George Washington called “the baneful effects of the spirit of party.” Political parties now determine how congressional committees are organized and led. The unwritten tradition of senatorial courtesy requires the President to first seek the approval of the senators of the President’s party from the state in which a nominee will serve.