1. Wrapping up the Constitution!
Please have out “federalism” homework…

2. Federalism: http://www.youtube.com/watch?v=tlt6R1KD4E0

3. HW: Read the “Bill of Rights” (166-167 if you use the text)
For 3 Amendments: Create a question that is about the meaning of the Amendment.
Try to find the answers!

4. RATIFICATION: Federalists vs. Anti-Federalists
Background to Ratification- notes, discussion
Federalists v.
Antifederalists
Close Reading:
Federalist # 51

5. Ratifying the Constitution

6. RATIFICATION- official approval
Sept submitted to conventions in each state
9 out of 13 must ratify
"Fame" Announces Ratification of Constitution

7. Article VII (last article):
The Ratification of the Conventions of nine States, shall be sufficient for the Establishment of this Constitution between the States so ratifying the Same.
States had to call conventions with the sole purpose of ratifying or not…. Why not the state legislatures?

8. The Debate begins FEDERALISTS Support ratifying the Constitution
ANTIFEDERALISTS-
Oppose ratifying the Constitution

9. Feds… Anti-Feds… Sam Adams Washington Hancock Madison Patrick Henry
Hamilton
R. H. Lee

10. Some issues debated: FEDERALISTS- SUPPORT RATIFICATION
FEDERALISTS- SUPPORT RATIFICATION
ANTI-FEDERALISTS- OPPOSE RATIFICATION
Key leaders
James Madison, John Jay, Alexander Hamilton, George Washington
George Mason, Mercy Otis Warren, Sam Adams, Thomas Jefferson
Is a large republic possible?
Do we need a Bill of Rights?
Is the Constitution too vague?
Do we need a strong central government?

11. The Federalist Papers
85 essays by Hamilton, Madison, Jay published in papers to gain support for ratification
Explain political theory behind Constitution

12. Large republic possible?
Never been one (Rome turned into a dictatorship, more or less, after it expanded)
Hypothetical(s):
Would it be a good idea to join with Mexico and Canada, creating one large republic?
What about one big world republic?
What might the Federalists’ defense be?

13. Federalist #10 (Madison)
“Among the numerous advantages promised by a well constructed union, none deserves to be more accurately developed, than its tendency to break and control the violence of faction.”
Faction- group of people with a particular interest who often are willing to sacrifice public good for their own gain…
Why might a large republic “solve” this?

14. Bill of Rights necessary?
Why might it be a bad idea for Mr. Rider to have a classroom policy as follows:
To receive a 4 in conduct, you must:
Not drink any soda in class
Not refer to anyone present as a “nincompoop” or “goober”
Refrain from throwing textbooks out the window, or in general

15. Hamilton #84
I go further and affirm that bills of rights…are not only unnecessary in the proposed Constitution but would even be dangerous. They would contain various exceptions to powers which are not granted; and, on this very account, would afford a colorable pretext to claim more than were granted.
WTH is he talking about? Do you buy it?

16. Why might you want it to be more specific?
Vagueness of Constitution… 4,500 words New York State Constitution: 56,326 words Affordable Care Act: 381,517 words
Why might you want it to be more specific?
What about the “elastic clause”?
“Congress has the power to make all Laws which shall be necessary and proper for carrying into Execution the foregoing Powers”

17. Madison #44
If it be asked, what is to be the consequence, in case the Congress shall misconstrue this part (elastic clause) of the Constitution, and exercise powers not warranted by its true meaning? …(T)he success of the usurpation will depend on the executive and judiciary departments, …and in the last resort, a remedy must be obtained from the people, who can by the election of more faithful representatives, annul the acts of the usurpers.

18. Stronger Central government- good or bad news
Why might it be better to leave POWER with the states?
What specific new powers are given the federal government that may have been controversial? Why?
What would the defense of them been?

19. Federalists vs. Anti-Federalists
A of C too weak
Stronger national gov. is needed
safeguards are in place (federalism, checks..)
Fear “people”
New National gov. too strong
States’ power, individual liberties are threatened
President too powerful
Fear “government”

20. Some issues debated: FEDERALISTS- SUPPORT RATIFICATION
FEDERALISTS- SUPPORT RATIFICATION
ANTI-FEDERALISTS- OPPOSE RATIFICATION
Key leaders
James Madison, John Jay, Alexander Hamilton, George Washington
George Mason, Mercy Otis Warren, Sam Adams, Thomas Jefferson
Is a large republic possible?
Do we need a Bill of Rights?
Is the Constitution too vague?
Do we need a strong central government?

21. Some issues debated: FEDERALISTS- SUPPORT RATIFICATION
FEDERALISTS- SUPPORT RATIFICATION
ANTI-FEDERALISTS- OPPOSE RATIFICATION
Key leaders
James Madison, John Jay, Alexander Hamilton, George Washington
George Mason, Mercy Otis Warren, Sam Adams, Thomas Jefferson
Is a large republic possible?
Sure! 
No way!
Do we need a Bill of Rights?
Dangerous!
Heck ya!
Is the Constitution too vague?
Needs to be
Necessary and proper-
Hold the phone!
Do we need a strong central government?
Yes No

22. Amendment Process:

24. Why Federalists win out
Articles unpopular; Shay’s Rebellion
Anti-Feds- provide no option
Feds- nationally organized
“Star Power”- George Washington
Assumed he will be first president; people trust him with power

25. Ratification Federalists promise Bill of Rights to assure ratification
Summer NY and VA ratify
New government forms in 1789

26. The Federalist Papers
85 essays by Hamilton, Madison, Jay published in papers to gain support for ratification
Explain political theory behind Constitution

27. Adding the Bill of Rights
Bill of Rights- assure basic freedoms
1st 10 amendments
Ratified 1791
Amend- “change” the Constitution

28. 1st amendment Freedom of speech, religion, press, assembly, petition
Freedom of speech, religion, press, assembly, petition

29. Should a radical, anti-gay religious group be allowed to protest at military funerals?

30. Under the “Affordable Care Act” (Obamacare), employers must offer contraception and related procedures to employees. Several companies have filed suits this violates the first amendment. Is this constitutional?

31. 5-4 decision
The Supreme Court argued the Affordable Care Act, also known as Obamacare, violates the First Amendment and other federal laws protecting religious freedom because it requires them to provide coverage for contraceptives like the "morning-after pill," which the companies consider tantamount to abortion.

32. Second Amendment
Right to bear arms

33. 3rd Amendment
Government can’t use private homes as military quarters

34. Fourth Amendment No unreasonable search and seizure Need a WARRANT

35. Fifth Amendment Gov’t needs an indictment of a Grand Jury-
12 to 23 citizens who decide if there is enough evidence to go to trial
Double Jeopardy- Accused may not be tried twice for same crime
Accused does not have to testify
“pleading the fifth”
Due process- same fair rules in all cases
Eminent domain- Gov’t can take your property, but must pay you

36. Sixth Amendment Right to a JURY trial in criminal cases
Right to a lawyer to defend you

37. Seventh Amendment
Trial by jury in lawsuits over money or property over $20

38. Eighth Amendment Judges cannot Order excessive bail
Impose cruel and unusual punishment
Cruel and unusual?

39. Ninth Amendment 10th Amendment
Government can’t claim that these are your ONLY rights
Part of Roe v. Wade
Woman’s right to “privacy”
10th Amendment
Any powers not specifically mentioned in the Constitution are delegated to the states
“FEDERALISM”

40. 10th Amendment
Any powers not specifically mentioned in the Constitution are delegated to the states
“FEDERALISM”

41. Bill of Rights:
1st Amdmt: Freedom of Religion, Speech, Press, Assembly, and Petition
2nd Amdmt: Right to Bear Arms
3rd Amdmt: Soldiers Quartered in homes
4th: Gov’t needs a search warrant
5th: rights of accused criminals (Due process)
6th: rights of accused criminals
7th: rights in civil trials
8th: rights of accused and convicted criminals
9th: there are more rights not listed
10th: any powers not included in const. are given to states

42. Yes or No:
1-Should the government assist religious schools with money to buy textbooks?
2-Should a person be permitted to say anything at all about the government during wartime?
3-Should a newspaper that has received copies of secret government documents be allowed to publish them?
4-Should a group known for its anti-American statements be permitted to hold a rally?