Struggle for Ratification of the U.S. Constitution

Warm-up 2-8-18 What is 1 way the Constitution improved the Articles of Confederation? What was the 3/5 Compromise? Who wrote the Bill of Rights and the Constitution? What two documents influenced the Bill of Rights?

Essential Questions What were the arguments for and against the ratification of the Constitution? Who were the leading Federalists and Anti- Federalists in the pivotal ratification debate in Virginia?

What Does Ratification Mean? Ratify means to approve or officially make something valid The Constitution didn’t go into effect immediately after the Founding Fathers finished it! Final approval of the U.S. Constitution needed 9 states to approve before the new constitution would go into effect!

Federalists (pro-ratification) favored a strong central (FEDERAL) government. believed a strong central government could promote economic development and public improvements. wanted to ratify the Constitution with no changes Today, people who see a primary role for the federal government in solving national problems are heirs to the Federalist tradition!

Key Federalists Alexander Hamilton: financial wizard; founder of America’s first bank; first Secretary of the Treasury James Madison: Father of the Constitution (obviously he’d want to ratify it) Both of these men authored the Federalist Papers to try to convince states to ratify the Constitution

Anti-Federalists (opposed ratification) feared that an overly powerful central (federal) government would destroy the individuals’ and the states’ rights supported strong state governments opposed ratifying the Constitution unless individual rights were protected demanded a Bill of Rights be added to the Constitution Today, more conservative thinkers echo these concerns and champion liberty, individual initiative, and free markets.

Key Anti-Federalists George Mason: author of the Virginia Declaration of Rights, which Madison based the Bill of Rights on Patrick Henry: famous for his “Give me liberty, or give me death!” speech that motivated Patriots during the American Revolution

The Constitution was ratified in 1788. A New Government The Constitution was ratified in 1788. The Federalists promised to add a Bill of Rights as their first order of business But did the ratification of the Constitution end the debate over the government’s power?

The Federalist Papers The Federalist Papers were essays written by John Jay, Alexander Hamilton, and James Madison in support of ratifying the U.S. Constitution. Read each of the excerpts from the Federalist Papers on your own, and write a one-sentence summary of what you think each quote means.

John Marshall How did Chief Justice John Marshall, a Virginian, contribute to the growth of the U.S. Supreme Court’s importance in relation to the other branches of government?

Marshall’s Impact John Marshall was Chief Justice of the Supreme Court from 1801 to 1835. Chief Justice is the head of the 9- person Supreme Court and presides over all cases. Over 34 years, the Marshall Court strengthened the role of the Supreme Court as an equal branch of the national government

Marbury v. Madison (1803) Established the doctrine of judicial review: the Supreme Court’s ability to declare a law or act unconstitutional Judicial review became the court’s most powerful tool for checks and balances In the case, Marbury sued Madison for an appointment as a federal judge in D.C. Marshall claimed the court had no power to issue writs of mandamus.

McCulloch v. Maryland (1819) Established the doctrine of implied powers: powers not directly mentioned in the Constitution that seem “necessary and proper” Specifically in this case, the different levels of government (national, state, local) aren’t allowed to tax the other levels of government In this case, Maryland taxed all non-state banks. Federal-employee McCulloch didn’t comply with the state’s law and was sued. Marshall sided with McCulloch and said Maryland couldn’t tax the national government

established the rules on interstate commerce Gibbons v. Ogden (1824) established the rules on interstate commerce established the court’s authority to mediate disagreements between competing business interests. Individual states can’t control INTERstate commerce

Marshadll Court in Conclusion Overall, each decision of the John Marshall Court (Marbury, McCulloch, Gibbons) helped to strengthen the power of the national government.

Marshall Cases Summaries For each of the Marshall cases (Marbury, McCulloch, Gibbons), write a 2-sentence text message (on your paper) to your friend explaining 1. what happened and 2. why it’s important (how it applies to today).