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Constitution and Bill of Rights
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Objectives Summarize the arguments for and against ratification of the Constitution. Describe how the Constitution was ratified. Explain the principles of the Constitution.
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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, which supported ratification (The Federalist Papers)
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Terms and People (continued)
John Jay – wrote five essays to The Federalist arguing for a strong federal government Bill of Rights – the first ten 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
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Terms and People (continued)
separation of powers – political power 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
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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?
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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 nine states
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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.
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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.
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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.
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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.
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Antifederalists included many farmers.
They feared the Constitution threatened state debtor relief laws, which rescued many from foreclosure. Farmers also distrusted lawyers, merchants, and the wealthy, who were largely Federalists.
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The Federalists pushed for fast approval.
Federalists gained the support of Massachusetts Governor John Hancock by hinting he might be picked as the first vice president. 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.
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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.
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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.
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James Madison was assigned to create a Bill of Rights.
Madison 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.
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The Bill of Rights
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The Constitution established a representative government based on six principles.
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