Liberty v. Order Federalist/Anti-Federalist Arguments

Federalists and ORDER A well-structured Constitution can protect liberty/ security of individuals from tyranny and majorities A well-structured Constitution means limited gov’t. and protection of individual liberties

Federalists and ORDER (cont.) The Constitution offers remedies to weaknesses in government: –Enables fed gov’t. to deal directly w/people instead of only through the states –Collect taxes/raise military –Federal judiciary to interpret laws –Powerful exec. to enforce laws/protect national interests –Power of purse given to Congress (elected by the people) –Federal system (shared power)

Anti-Federalist and LIBERTY Republican gov’t. only form of gov’t. suited to US (requires active support of people), gov’t. under Constitution is too distant from the people Small republic is preferable b/c it is more accountable to the people Should be no checks and balances b/c it blends branches Executive is too powerful (can serve too many terms, has power over judiciary) w/o a Bill of Rights, the federal gov’t is strong enough to threaten the liberty of the people

The Bill of Rights An Answer for the AntiFederalists

Amendment 1 Protection of Free Expression –Freedom of speech –Press –Assembly –Freedom to petition the gov’t. Protection of Personal Beliefs –No gov’t establishment of religion –Freedom to exercise religion

Amendment 2 Protection of right to bear arms Amendment 3 Protection of privacy –No forced quartering of troops in homes during peacetime Amendment 4 Protection of privacy –No unreasonable searches and seizures

Amendment 5 Protection of Defendant’s Rights –Grand-jury indictment required for prosecution of serious crime –No second prosecution for same offense –No compulsion to testify against oneself –No loss of life, liberty, or property w/o due process of law Protection of other Rights –No taking of private property for public use w/o just compensation

Amendment 6 Protection of Defendant’s Rights –Right to speedy and public trial by a local, impartial jury –Right to be informed of the charges against oneself –Right to legal counsel –Right to compel the attendance of favorable witnesses –Right to cross-examine witnesses

Amendment 7 Protection of Defendant’s Rights –Right to a jury trial in civil suit where the value of controversy exceeds $20 Amendment 8 Protection of Defendant’s Rights –No excessive bail or fines –No cruel and unusual punishments

Amendment 9 Unlisted rights are not necessarily denied Amendment 10 Powers not delegated to the national government or denied to the states are reserved for the states or the people.

Amending the Constitution Formally (Article V) Proposal Methods - 2/3 vote in House & Senate - national request of 2/3 state legislatures (never used) Ratification Method - by legislature in 3/4 states - by convention in ¾ of states

Amending the Constitution Informal Methods Judicial Interpretation – judicial review Legislation – eg: federal court structure Executive Action – eg: war powers Social & Cultural Change - Cabinet - technology advances (DNA test, cell phone tap, etc.) - discrimination/racial & gender equity