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

Federalism: http://www.youtube.com/watch?v=tlt6R1KD4E0

Amendment Process:

Ratifying the Constitution

RATIFICATION- official approval Sept. 1787- submitted to conventions in each state Why not state legislatures? 9 out of 13 must ratify "Fame" Announces Ratification of Constitution

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

http://www.youtube.com/watch?v=dAB3vAoilhw   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?

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”

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

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

*****Need for a Bill of Rights Anti-Federalists demand “Bill of Rights” Want basic freedoms spelled out Arguments: Against: no need for it; checks and balances are there For: gov. needs to be restrained; fear of tyranny

Ratification Federalists promise Bill of Rights to assure ratification Summer 1788- NY and VA ratify New government forms in 1789

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?

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?