Fed Up – Debating the Constitution Adapted from We the People: The Citizen and the Constitution, Level 2, Lesson 18 and The American Journey: A History of the United States by Goldfield et al. Fed Up – Debating the Constitution Federalists and Anti-Federalists This lesson should take 2 or 3 class periods. During the first class period, it is recommended to go through the slides addressing the views of the Federalists and Anti-Federalists and then give students time to prepare their arguments for the debate. The second class period should be devoted to additional preparation, the debate(s) and debrief. © The Florida Law Related Education Association, Inc.

Who were the Federalists? Remember that Article VII in the Constitution said that the Constitution would go into effect after it had been ratified by 9 of the 13 state conventions. The Federalists were the people who supported ratifying the Constitution. They encouraged the states to put together their ratifying conventions as soon as possible in order to ratify the Constitution. James Madison Alexander Hamilton John Jay The Federalists were mainly large farmers, merchants, and artisans. The pictures are of three main Federalists of the time: James Madison (left), Alexander Hamilton (middle), and John Jay (right). They were the authors of The Federalist which will be reviewed in the next slide. © The Florida Law Related Education Association, Inc.

The Federalist Also known as the Federalist Papers Series of articles or papers written for a New York newspaper supporting ratification One of the most important explanations of constitutional government ever written © The Florida Law Related Education Association, Inc.

“Liberty is to faction what air is to fire…” – James Madison “If men were angels, no government would be necessary. If angels were to govern men, neither external nor internal controls on government would be necessary. In framing a government which is to be administered by men over men, the great difficulty lies in this: you must first enable the government to control the governed; and in the next place oblige it to control itself.” – James Madison “Liberty is to faction what air is to fire…” – James Madison “Give all the power to the many, they will oppress the few. Give all the power to the few, they will oppress the many.” – Alexander Hamilton These are a few of many, many quotes from The Federalist. Read each aloud with the students. Discuss what James Madison or Alexander Hamilton meant when they said these things. How do these quotes demonstrate support for ratification of the Constitution? “Those who stand for nothing fall for anything.” – Alexander Hamilton © The Florida Law Related Education Association, Inc.

Who were the Anti-Federalists? The Anti-Federalists were the people who opposed ratifying the Constitution George Mason Edmund Randolf Elbridge Gerry The Anti-Federalists were mainly small farmers, often from rural areas. Only a few wealthy men (like Mason and Randolf) joined the Anti-Federalists. Richard Henry Lee John Hancock Samuel Adams Patrick Henry The pictures are of well-known Anti-Federalists. In order of appearance: George Mason, Edmund Randolf, Elbridge Gerry, Richard Henry Lee, John Hancock, Samuel Adams, and Patrick Henry. © The Florida Law Related Education Association, Inc.

Anti-Federalist Papers While the Federalist Papers presented arguments in favor of ratifying the Constitution, the Anti-Federalist papers presented arguments against ratification These articles were mostly written by authors with pseudonyms They were warning the people of the dangers of tyranny that were not protected by the Constitution © The Florida Law Related Education Association, Inc.

“I had rather be a free citizen of the small republic of Massachusetts than an oppressed subject of the great American empire.” “It is very easy to change a free government into an arbitrary one, but that it is very difficult to convert tyranny into freedom.” “…every body of men, invested with power, are ever disposed to increase it.” “In proportion as the people lose their freedom, every gradation of distinction, between the Governors and governed obtains, until the former become masters, and the latter become slaves.” “It is beyond doubt that the new federal constitution, if adopted, will in great measure destroy, if not annihilate, the separate governments of the several states.” These are a few of many, many quotes from the Anti-Federalist Papers. Read each aloud with the students. Discuss what the Anti-Federalists meant when they said these things. How do these quotes demonstrate opposition to the ratification of the Constitution? © The Florida Law Related Education Association, Inc.

Difference of Opinion The main thing Federalists and Anti-Federalists had conflict over was whether to throw out the Articles of Confederation or to keep the Articles of Confederation Other areas where they disagreed: The concentration of power Should the power be concentrated in one strong national government or divided among the separate state governments? Inclusion of a Bill of Rights Does the Constitution in its original composition protect the rights of the people or should the rights of the people be clearly outlined? © The Florida Law Related Education Association, Inc.

Difference of Opinion Federalists Anti-Federalists Keep the Articles of Confederation Favored power divided among state governments People should be protected from the power of government by having clearly outlined rights Very distrustful of government Toss the Articles of Confederation Favored strong central government Believed the Constitution in its original form would protect the rights of the people Students should write these points in Part I of their Fed Up: Classifying Arguments handout. © The Florida Law Related Education Association, Inc.

Classifying Arguments On your Fed Up: Classifying Arguments Handout, you should have written down some general information about the Federalists and Anti-Federalists. Your job: INDIVIDUALLY decide which arguments in Part II are arguments of the Federalists (mark with an F) and which are arguments of the Anti-Federalists (mark with an A) © The Florida Law Related Education Association, Inc.

Fed Up: Classifying Arguments Get into a group of 4 people. Discuss your responses and come to an agreement on which arguments belong to the Federalist and Anti- Federalists. Your group will have two signs: F A When the argument comes up on the slide, hold up the “F” if it is an argument made by the Federalists or the “A” if it is an argument made by the Anti-Federalists. © The Florida Law Related Education Association, Inc.

Power of National Government We oppose a strong central government. The states will lose their influence with the growth in the national government’s power. . Review arguments from WTP level 2 text pages 155-162 to add depth and layers to each side. Anti-Federalists © The Florida Law Related Education Association, Inc.

Necessary and Proper Clause The necessary and proper clause (Article I, Section 8 of the U.S. Constitution) is needed if the national government is to do the things it is responsible for doing. Necessary and proper clause: Article I, Section 8, Clause 18 of the Constitution that gives Congress the power to make all laws that are “necessary and proper” to carry out the powers specifically delegated to it by the Constitution; it is also known as the elastic clause Federalists © The Florida Law Related Education Association, Inc.

Tyranny The national government cannot become a tyranny because there are limits placed on it through separation of powers and checks and balances. Government will protect the rights of the people in return for their loyalty and support. Tyranny: a government in which a single ruler possesses and abuses absolute power Federalists © The Florida Law Related Education Association, Inc.

Articles of Confederation We oppose the Articles of Confederation. It isn’t effective as a governing document. We need a stronger central government. We need to ratify the new government framed by the Constitution. Click to reveal the arguments but do not click on the podium yet. Have students designate which side reflects which argument and hold up A or F to classify the arguments. Debrief with students. They should take notes on Handout B. Recall the Articles of Confederation with the students and the weaknesses of it – this will help them related to the Federalist point of view. Have them also recall the intentions of the Articles of Confederation considering the recent separation from Great Britain – this will help them identify with the Anti-Federalist point of view. Federalists © The Florida Law Related Education Association, Inc.

Supremacy Clause The Constitution’s supremacy clause makes the national government’s laws superior to the state governments’ laws. This will destroy the state governments in favor of the national government. Supremacy clause: Article VI, Section 2 of the Constitution, which states that the Constitution, laws passed by Congress, and treaties of the United States “shall be the supreme Law of the Land” and binding on the states Anti-Federalists © The Florida Law Related Education Association, Inc.

Power of National Government We support a strong central government. The national government needs to be strong to function. Review arguments from WTP level 2 text pages 155-162 to add depth and layers to each side. Federalists © The Florida Law Related Education Association, Inc.

Republic Republic governments only worked in small communities where the people had similar wealth and the same values. The new nation will be too large and diverse, and the people will be unable to work toward the common good. Republic: a nation that has a government in which power is held by the people who elect representatives to manage the government for them for the sake of the common good Anti-Federalists © The Florida Law Related Education Association, Inc.

Executive Branch A strong executive is needed if the national government is to fulfill its responsibilities. There are checks and balances on the branches of government so no one branch, including the executive branch, can have too much power. Federalists © The Florida Law Related Education Association, Inc.

Bill of Rights It is essential to include a Bill of Rights to protect people from the national government. The absence of a Bill of Rights is a real threat to individual liberties of citizens. There is no mention of freedoms like religion, speech, press, or assembly. Continue to allow students to classify the arguments and reveal before announcing the correct classification for the argument. Review additional arguments from both sides to add depth. See WTP text lesson 18.Discuss that a compromise was reached on the inclusion of a Bill of Rights. The Federalists agreed that a Bill of Rights would be drafted when the first Congress was held. Anti-Federalists © The Florida Law Related Education Association, Inc.

Articles of Confederation The Articles of Confederation need to be amended, not abandoned. The Constitution goes too far. A stronger national government will threaten state power. This new Constitution will create a government the people cannot control. Click to reveal the arguments but do not click on the podium yet. Have students designate which side reflects which argument and hold up A or F to classify the arguments. Debrief with students. They should take notes on Handout B. Recall the Articles of Confederation with the students and the weaknesses of it – this will help them related to the Federalist point of view. Have them also recall the intentions of the Articles of Confederation considering the recent separation from Great Britain – this will help them identify with the Anti-Federalist point of view. Anti-Federalists © The Florida Law Related Education Association, Inc.

Supremacy Clause The Supremacy Clause (Article I, Section 8 of the U.S. Constitution) is an assurance that the Constitution is the Supreme law of the land. The Constitution will protect state governments by giving them certain powers. This will keep the national government from intruding on the powers left to the states. Supremacy clause: Article VI, Section 2 of the Constitution, which states that the Constitution, laws passed by Congress, and treaties of the United States “shall be the supreme Law of the Land” and binding on the states Federalists © The Florida Law Related Education Association, Inc.

Necessary and Proper Clause The necessary and proper clause is too general and gives too much power to the national government. All of the powers of government should be listed so appropriate limits can be placed on them. Necessary and proper clause: Article I, Section 8, Clause 18 of the Constitution that gives Congress the power to make all laws that are “necessary and proper” to carry out the powers specifically delegated to it by the Constitution; it is also known as the elastic clause Anti-Federalists © The Florida Law Related Education Association, Inc.

Executive Branch The Constitution gives too much power to the executive branch. There is the threat that it will become a monarchy. Anti-Federalists © The Florida Law Related Education Association, Inc.

Tyranny Free government requires participation of all the people. If the national government is far from where the people live, the people will not be able to participate. This may result in tyranny. Tyranny: a government in which a single ruler possesses and abuses absolute power Anti-Federalists © The Florida Law Related Education Association, Inc.

Republic A large republic where power is divided between the national and state governments will be a better solution than the small republics of the past that were destroyed by self-interested citizens that did not work for the common good. A large republic is the best protection for individual freedoms. Republic: a nation that has a government in which power is held by the people who elect representatives to manage the government for them for the sake of the common good Federalists © The Florida Law Related Education Association, Inc.

Bill of Rights A Bill of Rights is not necessary. The Constitution gives government only limited power. If we have a Bill of Rights, then only those rights listed may be presumed to be protected. We cannot list every right. Continue to allow students to classify the arguments and reveal before announcing the correct classification for the argument. Review additional arguments from both sides to add depth. See WTP text lesson 18.Discuss that a compromise was reached on the inclusion of a Bill of Rights. The Federalists agreed that a Bill of Rights would be drafted when the first Congress was held. Federalists © The Florida Law Related Education Association, Inc.

Representation of States Citizen representation State representation Click to reveal the arguments but do not click on the podium yet. Have students designate which side reflects which argument and hold up A or F to classify the arguments. Debrief with students. They should take notes on Handout B. Recall the Articles of Confederation with the students and the weaknesses of it – this will help them related to the Federalist point of view. Have them also recall the intentions of the Articles of Confederation considering the recent separation from Great Britain – this will help them identify with the Anti-Federalist point of view. Federalists Anti-Federalists © The Florida Law Related Education Association, Inc.

Image Citations http://upload.wikimedia.org/wikipedia/commons/thumb/2/23/Federalist.jpg/ 220px-Federalist.jpg http://www.acps.k12.va.us/mason/images/george_mason.jpg http://memory.loc.gov/ammem/collections/continental/images/photo35.jpg http://t2.gstatic.com/images?q=tbn:ANd9GcRWmxhYQpee0T9_1fgkvrHCqK5c y9FYspP0JtCtJG3p3AWYJrjeeE4IqClkdA http://etc.usf.edu/clipart/300/349/adams_10_lg.gif http://www.gutenberg.org/files/25093/25093-h/images/image8.jpg © The Florida Law Related Education Association, Inc.