The Constitution

Objectives Summarize the arguments for and against ratification of the Constitution. Describe how the Constitution was ratified. Explain the principles of the Constitution.

Terms and People ratification – official approval Federalist – a person who favored ratification of the new Constitution of 1787 Antifederalist – a person who opposed ratification of the new Constitution The Federalist – a series of 85 essays, written primarily by Alexander Hamilton and James Madison, that supported ratification (The Federalist Papers)

Terms and People (continued) John Jay – contributed 5 essays to The Federalist arguing for a strong federal government Bill of Rights – the first 10 amendments to the Constitution guaranteeing individual rights popular sovereignty – the principle that all government power comes from the people limited government – where the powers of the government are specifically described and officials may not act above the law

Terms and People (continued) separation of powers – where political power is specifically defined and divided between three branches of government checks and balances – a system in which each branch of government has the power to monitor and limit the actions of the other two electoral college – a group of persons chosen from each state who then indirectly elect the president

How did Americans ratify the Constitution, and what are its basic principles? Although many delegates to the Constitutional Convention felt the Constitution was imperfect, all but three delegates signed it. Would the states accept the proposed plan? If not, what would become of the new nation?

The Constitution Preamble Article I- Legislative Branch Article II- Executive Branch Article III- Judicial Branch Article IV- The States Article V- Amendment Process Article VI- Constitution as Supreme Law of the Land Article VII- Ratification

Powers of the Government Articles of Confederation -a loose alliance of states -a one-house legislature -no executive or judicial branches -only states could tax -states could coin money -no regulation of trade between states -most power held by the states Constitution -a stronger national gov’t -a two-house legislature -legislative, executive, and judicial branches -Congress could also tax -only national gov’t could coin money -national gov’t regulates trade between states -most power held by national gov’t

The Constitution established a representative government based on six principles.

How does the Constitution prevent tyranny? Principles that prevent tyranny Popular Sovereignty Limited Government Federalism Separation of Powers Checks and Balances

Popular Sovereignty- Government power comes from the people (the consent of the governed). Limited Government- The government only has the powers that the Constitution gives it. Government leaders are not above the law- this is the idea of the “rule of law.”

Federalism Delegated powers- Powers given to the federal government -coin money; regulate interstate trade; declare war Concurrent powers- Shared powers -tax; maintain courts; borrow money Reserved powers- Powers that remained with the states -establish schools; conduct elections

Separation of Powers (Montesquieu’s idea) Power is divided between three branches: Executive Branch- enforces laws Legislative Branch- makes laws Judicial Branch- interprets laws

Checks and Balances Executive- -appoints federal judges Each branch has the power to limit the actions of the other two Executive- -veto acts of Congress -appoints federal judges -may pardon someone convicted in a federal court Legislative- -may override presidential veto -approves appointment of judges -approves treaties -may impeach the President or federal judges Judicial- -may interpret treaties -may declare executive acts unconstitutional -may interpret laws -may declare laws unconstitutional

Executive Judicial Legislative

By drafting a new Constitution, the delegates had exceeded their mandate to amend the Articles. Not expecting passage in all 13 states, they changed the rules for ratification: to be by special conventions in each state, not by state legislatures required approval of only 9 states

Federalists favored the Constitution. They stressed the weaknesses of the Articles. They argued that only the proposed Constitution could remedy these weaknesses. They were led by James Madison and Alexander Hamilton who, along with John Jay, published a series of essays called The Federalist. Federalists favored the Constitution.

In Federalist No. 10 and Federalist No In Federalist No.10 and Federalist No. 51, Madison argued that a strong national government and the Constitution’s system of checks and balances would strengthen liberty. In Federalist No. 78, Hamilton wrote of the importance of a judicial branch to protect liberty. A copy of The Federalist signed by George Washington

The two most trusted Americans George Washington and Benjamin Franklin favored ratification. Frontiersmen felt a stronger government provided protection against the Native Americans and the British in the Northwest. Artisans in the cities and most newspapers supported ratification as well.

Antifederalists were opponents of ratification. They feared a loss of liberties and distrusted the absence of a bill of rights. They feared concentration of power in a distant elite, believing instead that power should remain in democratically elected state governments. Leading Antifederalists included Samuel Adams, John Hancock, and Patrick Henry. Antifederalists were opponents of ratification.

Antifederalists included many farmers. They feared the Constitution threatened state debtor relief laws that rescued many from foreclosure. Farmers also distrusted lawyers, merchants, and the wealthy, who were largely Federalists.

Federalists Anti-Federalists Competing interests in a large republic would ensure that no one group would be able to ignore the rights of everyone else. A strong gov’t is needed for protection from foreign nations A strong gov’t is needed to pay the nation’s debts and provide a stable currency Republican gov’t works better in smaller areas Government should be close to the people Citizens rights should be listed Vague wording might lead to an abuse of power

The Federalists pushed for fast approval. Federalists gained the support of Massachusetts Gov. John Hancock by hinting he may be picked as the first vice president. By mid-January 1788, five states had ratified, but nine states were needed. When the Federalists agreed to add a bill of rights, four more states quickly ratified. By mid-January 1788, five states had ratified, but nine states were needed. Federalists gained the support of Massachusetts Gov. John Hancock by hinting he may be picked as the first vice president. When the Federalists agreed to add a bill of rights, four more states quickly ratified.

Virginia finally ratified, despite Patrick Henry’s opposition. While nine states were the minimum, the two largest states, Virginia and New York, were necessary for the nation to survive. Virginia finally ratified, despite Patrick Henry’s opposition. New York ratified after New York City threatened to secede from the state. New York City celebrated ratification with a parade.

Ratification 9 states needed to ratify Special state conventions were used Federalists supported ratification of the Constitution Anti-Federalists opposed ratification

Factors that contributed to the ratification of the Constitution The Federalists had a well organized campaign Federalist Papers- a series of articles written by James Madison, Alexander Hamilton and John Jay George Washington and Ben Franklin, two of the most trusted people in America, supported ratification Federalists eventually promised to add a bill of rights

The Constitution was ratified by the ninth state (New Hampshire) in 1788 Delaware was the first (Dec. 1787) and Rhode Island was the last (1790)

Congress convened in New York’s Federal Hall on March 4, 1789 to: Elect a first president (George Washington) and vice president (John Adams). Add a Bill of Rights. The last two states, Rhode Island and North Carolina, now reconsidered earlier rejections and ratified as well, bringing the total to 13 states.

James Madison was assigned to create a Bill of Rights. He used Virginia’s Bill of Rights as a model. Madison avoided any statements about equality that might offend the slave states. Ten amendments guaranteed individual freedoms. To prevent future abuse or limitations on freedom, any unmentioned rights were retained by the people. James Madison was assigned to create a Bill of Rights.

The Bill of Rights