Drafting the Constitution

Writing it was the easy part After being adopted by the Cont. Congress in 1787, it had to be ratified by 9/13 states. Quickly, the “FEDERALISTS” supported ratification, and “ANTI-FEDERALISTS” went against it.

“Federalist Papers” Alexander Hamilton, John Jay, & James Madison More than 80 were written on 2 topics: Why the Articles were terrible, & why the new gov’t would work well

In detail… Checks & balances: No branch would have more power than another. Federalism: The national gov’t would have some powers, the state govts would have others; some powers would be shared “Republican Form of Gov’t”: Democracy COULD work in a large nation because competing interests would keep any 1 group from dominating power.

“Anti-Federalist Papers” Mostly guys no one has ever heard of Worried that there were few protections of individual rights; that the president could call up state militias to overthrow states; that nat’l gov’t would keep down the states; small states would have no power… and might threaten slavery

Other Sources of Wisdom The framers also cited these documents: The Magna Carta (1215): Established rule of law; said the people do have power over rulers English Bill of Rights (1689): Freedom of speech, prohibition of cruel punishments; right to keep arms; no taxes without people’s permission Northwest Ordinance (1787): Duh!

The Constitution itself Article I: Establishes 3 branches of govt: Executive, Legislative, Judicial. Says Legislative - Congress - will have two branches Sec. 2: Sets up the House. Says people will elect them; members will be apportioned by population of state; 2-year terms, leader will be the “Speaker of the House” Sec. 3: Sets up Senate. State legislatures will elect them; 2 members per state; 6 yr terms; leader will be the Vice President

Sec 7: How bills become law Sec 7: How bills become law. All must pass both houses in exact same form. Then they go to President. He can sign, or veto. If he vetoes, Congress can override veto with 2/3 majority Sec 8: Powers of Congress: Maintain army & navy, create courts, regulate commerce between states; declare war, raise money, print money. Elastic clause allows it to pass any law needed to carry those out.

Sec 9: Limits on Congress: No suspension of habeas corpus; no bills of attainder; no ex post facto laws; no state gets preferential treatment. Sec 10: States can’t print money, declare war, tax stuff from other states, or have navies

Article 2: Establishes Executive. Sets presidential term at 4 yrs Article 2: Establishes Executive. Sets presidential term at 4 yrs. Says Electoral College will choose. Makes Pr. The commander in chief of armed forces; gives him a Cabinet to advise; lets him make treaties, pick judges, be head of state, and carry out laws

Article 3: Sets up judiciary. Says judges serve for life Article 3: Sets up judiciary. Says judges serve for life. Are named by president, approved by Senate. Establishes the Supreme Court. Article 4: Says ALL contracts MUST be honored from one state to another.

All of this was well & good… But what about protecting people’s rights?

1st Amendment Freedom of religion Freedom of speech Freedom of the press Freedom of assembly Freedom to petition the govt

2nd Amendment Right to own guns; establish a militia

3rd Amendment You don’t have to provide food and shelter for troops

4th Amendment Govt has to have a warrant to search or take your stuff

5th Amendment Right to remain silent Govt must follow due process Cant be tried for the same crime twice

6th Amendment Speedy trial Trial by jury You must be allowed to have a lawyer

7th Amendment You get a jury trial for civil cases, too

8th Amendment No cruel or unusual punishment No insane bail requirements

9th Amendment These aren’t the only rights you have

10th Amendment Any power not SPECIFICALLY granted to the federal govt belongs to the states!

The Debate Both sets of papers were published, and influenced how people saw the Constitution Most saw the Federalist logic; many also thought Anti-Feds were right about individual rights protection