With a written Constitution, complaints can now be made.

The AntiFederalists Rise The Metamorphosis Arguments: Congress would tax heavily Supreme Court would overrule State Courts President would command a large, standing Army Montesquieu vs. Madison There MUST be a Bill of Rights

“The Federalist” Brainchildren of James Madison, Alexander Hamilton, and John Jay All writing as “Publius” Response to “Cato” and “Brutus” George Clinton and others

The Federalist Why are we writing these? The Danger of Foreign Powers The Danger of Domestic Factions Handling the Economy Failure of the Articles of Confederation Common Defense and the Militia Taxation What happened at the Convention?

The Federalist Powers given by the Constitution Effect of the Constitution on the States Separation of Powers House of Representatives Senate Executive Judiciary Answering Objections Summation for Ratification

Important Federalist Papers #10 ~ How a large republic prevents control by special interests. (Madison)

Important Federalist Papers #10 ~ How a large republic prevents control by special interests. (Madison) #14 ~ Why the US is suited for a constitutional republic. (Madison)

Important Federalist Papers #10 ~ How a large republic prevents control by special interests. (Madison) #14 ~ Why the US is suited for a constitutional republic. (Madison) #23 ~ Why we need an “energetic” government. (Hamilton)

Important Federalist Papers #10 ~ How a large republic prevents control by special interests. (Madison) #14 ~ Why the US is suited for a constitutional republic. (Madison) #23 ~ Why we need an “energetic” government. (Hamilton) #39 ~ Federalism explained. (Madison)

Important Federalist Papers #10 ~ How a large republic prevents control by special interests. (Madison) #14 ~ Why the US is suited for a constitutional republic. (Madison) #23 ~ Why we need an “energetic” government. (Hamilton) #39 ~ Federalism explained. (Madison) #51 ~ Checks and Balances. (Madison)

Important Federalist Papers #10 ~ How a large republic prevents control by special interests. (Madison) #14 ~ Why the US is suited for a constitutional republic. (Madison) #23 ~ Why we need an “energetic” government. (Hamilton) #39 ~ Federalism explained. (Madison) #51 ~ Checks and Balances. (Madison) #70 ~ The case for a strong President. (Hamilton)

Important Federalist Papers #10 ~ How a large republic prevents control by special interests. (Madison) #14 ~ Why the US is suited for a constitutional republic. (Madison) #23 ~ Why we need an “energetic” government. (Hamilton) #39 ~ Federalism explained. (Madison) #51 ~ Checks and Balances. (Madison) #70 ~ The case for a strong President. (Hamilton) #78 ~ The use of Judicial Review. (Hamilton)

Important Federalist Papers #10 ~ How a large republic prevents control by special interests. (Madison) #14 ~ Why the US is suited for a constitutional republic. (Madison) #23 ~ Why we need an “energetic” government. (Hamilton) #39 ~ Federalism explained. (Madison) #51 ~ Checks and Balances. (Madison) #70 ~ The case for a strong President. (Hamilton) #78 ~ The use of Judicial Review. (Hamilton) #84 ~ Why we don’t need a Bill of Rights. (Hamilton)

The Big Debates FEDERALISM Sharing of powers between State and National Governments The original disagreement The Civil War The Voting Rights Act Defense of Marriage Act

The Big Debates JUDICIAL REVIEW Did the Framers intend it? John Marshall (F) vs. Thomas Jefferson (D-R) Marbury v. Madison McCulloch v. Maryland

The Big Debates SLAVERY No mention in the Constitution Hypocritical? (“All men are created equal.”) Economic? Just Practical? 3/5ths Compromise Effect? No import prohibitions until 1808 Escaped slaves must be returned (property)

The Big Debates “The Framers chose to sidestep the issue in order to create a union that, they hoped, would eventually be strong enough to deal with the problem when it could no longer be postponed.” (p. 39) What effects did this choice have on long-term U.S. history? Was this a cowardly choice?

The Big Debates FRAMERS saw a logical difference in the talents of men. The “worst” inequality was special political privilege Balance and Federal weakness were desirable TODAY we see liberty and equality in conflict Economic difference is the worst inequality. Federal Govt. must be strong to restrain this.

The Big Debates HOW WILL WE AMEND THIS CONSTITUTION? Proposing an Amendment: 2/3 of both Houses 2/3 of State Legislatures Ratifying an Amendment: ¾ of State Legislatures Approve ¾ of State Conventions Approve Usually 7 Years ~ P2 Never ~ R2 only the 21 st

Other Controversies Article I, Section 8, Final Provision:

Other Controversies Article I, Section 8, Final Provision: Congress has the power “To make all Laws which shall be necessary and proper for carrying into Execution the foregoing Powers…”

Other Controversies Article I, Section 8, Final Provision: Congress has the power “To make all Laws which shall be necessary and proper for carrying into Execution the foregoing Powers…” The so-called “Elastic Clause”. So much for Enumeration!

Other Controversies The Nullification Controversy Madison and Jefferson claim that States can declare acts of Congress “unconstitutional” Original case about Free Speech not heard John C Calhoun uses it in reference to Slavery Settled by the Civil War and subsequent Supreme Court cases

Other Controversies Federal – State Relations All protected equally. Will not be broken up. New states may be admitted. Taxes will be uniform. Senate will ALWAYS be 2 per State.

Other Controversies State – State Relations “Full faith and credit” Citizens have “privileges and immunities” Extradition

Other Controversies State Options for Direct Democracy Initiative Referendum Recall

Other Controversies Article I, Section 8 Congress has the power “To regulate Commerce… …among the several States…”

Continuing Questions Incorporation Devolution Social Diversity

The pièce de résistance BILL OF RIGHTS Madison wrote it, based on the VA Declaration of Rights he and George Mason had written in It was designed to LIMIT the Federal Government’s powers.