Chapter 2 Section 5 Mr. Plude

Antifederalists versus Federalists Constitutional Convention adjourned September 17, 1787 New national government would — Greatly reduce powers of state legislatures — Completely restructure Congress

Antifederalists vs Federalists

Antifederalists vs Federalists Framers outlined process for ratifying Constitution — Voters in each state to elect representatives to state ratifying convention — To become law, Constitution had to be ratified by 9 of 13 states Two factions — Federalists supported Constitution — Antifederalists opposed Constitution

Antifederalists position Recognized need for stronger national government new Constitution betrayed ideals of American Revolution Believed national government would become too powerful Strongest criticism—Constitution lacked bill of rights guaranteeing civil liberties

Antifederalists position Saw constitution as assault on: state power sovereignty republicanism liberty of the people

Antifederalists versus Federalists The Federalists supporters of STRONG national government Feared weak government more Than strong Articles of Confederation were too weak powerful national government would strengthen union, Also believed strong government Promoted public good

Antifederalists versus Federalists The Federalists Government would be empowered to defend against foreign enemies, regulate trade, and put down internal disturbances. Believed separation of powers in Constitution put limits on government power

Federalist Papers Authors Alexander Hamilton, James Madison, John Jay Wrote under pen name Publius—one of founders of Roman Republic Authored 85 essays total Published in newspapers

Factions and Federalist Papers Papers 10 and 51 argued Constitution would balance influence of different factions Others explained how principles of government would limit national authority, preserve liberty

Circulated throughout the state's newspapers The Federalist Papers Circulated throughout the state's newspapers Classic statement of American political theory Collectively called the Federalist Papers

Antifederalists published essays Protecting liberty a chief concern The Federalist Papers Rebuttal Essays Antifederalists published essays Protecting liberty a chief concern “Certain unalienable and fundamental rights…ought to be explicitly ascertained and fixed.”

The Fight for Ratification Antifederalists wanted the basic rights of the people spelled out in the Constitution. Bill of Rights became a key focus in the fight over ratification.

The Fight for Ratification Federalists better prepared & organized Targeted small states Delaware first to ratify, December 7, 1787

The Fight for Ratification Ratification harder in larger powerful states Promise of adding bill of rights key to winning many states Eventually all 13 states ratified

The Fight for Ratification Bill of Rights First Congress made bill of rights one of government’s first priorities Ideals found in Declaration of Independence & other founding documents

The Fight for Ratification Bill of Rights : 10 amendments, traditionally called the Bill of Rights, ratified Protected freedom of speech, press, religion, due process, right to fair trial, trial by jury

1st Amendment The 1st Amendment guarantees freedom of religion, speech, the press, assembly, and petition. practice any religion we want to to speak freely to assemble (meet) to address the government (petition) to publish newspapers, TV, radio, Internet (press)

2nd Amendment The 2nd Amendment protects the right to bear arms (own gun)

3rd Amendment The 3rd Amendment “No soldier shall, in time of peace be quartered in any house, without the consent of the owner, nor in time of war, but in a manner to be prescribed by law.” We cannot be forced to house or quarter soldiers.

4th Amendment The 4th Amendment protection from unreasonable search & seizure Police/Government must have a warrant to enter/search private property our homes. Cannot arrest or seize property without valid warrant Warrants issued by judges Based on probable cause (good reason).

5th Amendment The 5th Amendment Cannot be held for crime unless properly indicted, (accused) (Due Process) Cannot be tried twice for the same crime (double jeopardy) You don’t have to testify against yourself in court. (Self-incrimination)

6th Amendment The 6th Amendment guarantees speedy criminal trial (you can’t be kept in jail for over a year without a trial) an impartial jury (doesn’t already think you are guilty) Can confront witnesses against them Allowed to have a lawyer

7th Amendment The 7th Amendment guarantees the right to a speedy civil trial. Civil trial – Lawsuit between private parties.

8th Amendment The 8th Amendment Fair punishments No cruel or unusual Extraordinarily large fines will not be set.

9th Amendment "The enumeration (listing) in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people." People don’t lose inherent rights because they are not listed. Unstated inherent rights belong to the people

10th Amendment The 10th Amendment The powers not delegated (given) to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people. Reserve powers Power check wanted by antifederalists