Chapter 5 – The Constitution of the US Section 3 – Ratifying the Constitution

Federalists vs. Anti-Federalists Federalists – those who were in favor of the Constitution. Gave approval of the Constitution to conventions of people in each state rather than the state legislatures – believed the state legislatures would not give up power to a central government. Wanted a strong national government Feared the people more than the government Alexander Hamilton, James Madison, and John Jay wrote a series of 85 essays in favor of the Constitution. These essays appeared in NYC newspapers (to win approval in NY). Called The Federalist. Extra credit opportunities (?) Anti-Federalists – those who opposed the Constitution. Patrick Henry was one of the leaders. Support for anti-Federalists was strongest in rural areas, where they did not care about rules on commerce. Believed that the Constitution posed a threat to both state governments and individual rights Feared the government more than the people Wanted a Bill of Rights – Some believed that even with a Bill of Rights, a large central gov’t would take away rights by coercion

Why the Federalists Won Articles of Confederation had problems National gov’t could not deal with economic problems National gov’t could do nothing about uprisings such as Shays’ Rebellion Federalists united around a specific plan – the Constitution. Anti-Federalists only united in being against the Constitution – had no other plan to offer. Federalists were well-organized and in frequent contact nationally. Anti-Federalists were state and local-based and did not communicate nationally. Federalists had George Washington’s support. He had been President of the Constitutional Convention that drafted it. People more willing to accept the idea of a President knowing that it would most likely be George Washington.

The Bill of Rights The Constitution was approved by several states because the Federalists promised there would be a Bill of Rights added. Arguments against a Bill of Rights No need. Constitution says that government powers are limited to what “we the people” give the gov’t. Since we did not give them the right to take away our free speech, for instance, they cannot. Dangerous. If you provide a list of rights that the people have, there is a danger that some future court or gov’t might say that a certain right is not listed, therefore the people do not have it. Arguments for a Bill of Rights If the rights of people were NOT spelled out, they might be taken away by a gov’t.

The Bill of Rights, specifically 1st Amendment Freedoms of religion (2), speech, press, assembly, and petition 2nd Amendment Right to bear arms 3rd Amendment In peacetime, no troops housed in homes without the owner’s agreement. 4th Amendment Protection against unreasonable searches and seizures 5th Amendment Protection against self-incrimination, against being tried twice for same crime, against unfair actions by fed. gov’t, against having gov’t take property unless they pay a fair price 6th Amendment Right to a speedy and fair trial, to a jury, to be informed of charges against you, to be confronted with witnesses against you, to an attorney 7th Amendment Right to a jury trial in federal courts if amount >$20. 8th Amendment Protection against excessive bail, cruel and unusual punishment 9th Amendment People have rights not listed. 10th Amendment Powers not mentioned at all in the Constitution belong to the States or the people.