1. 11 th Grade United States History Mr. Weber King Hall Rm K3009 September 15, 2008

2. Activator (5-7 minutes)  Discuss briefly with partner then write:  1. What did the Federalists want?  2. What did the Anti-Federalists want?  3. What is the Bill of Rights?  4. Can you list any of the rights that the amendments to the U.S. Constitution guarantees you?  5. Bonus: what does “bicameral” mean?

3. Agenda  Activator, Agenda, and Objective (10 minutes).  Ratification note-taking (30 minutes): Federalists and Anti-Federalists States Approval Representation and Democracy  Academic Speed Dating: The Bill of Rights (45 minutes).  Constitution and Bill of Rights: The Framework of U.S. Federal Government (20 minutes).

4. Objective: You will…  11.1.2 Analyze the American Revolution, the divinely bestowed unalienable natural rights philosophy of the Founding Fathers and the debates surrounding the drafting and ratification of the Constitution, and the addition of the Bill of Rights.  11.1.3 Understand the history of the Constitution after 1787 with emphasis on federal versus state authority and growing democratization.

5. Ratification  Ratification: to pass something or officially accept it. The states had to ratify the new Constitution in order to form a national government.  Federalists: In favor of a strong federal government and for passing the new Constitution. (Alexander Hamilton, James Madison, John Jay)  Anti-federalists: Were against the strong federal government and the new constitution. (George Mason and Patrick Henry).

6. Who were the Federalists? (James Madison, Alexander Hamilton, John Jay)  Wanted a strong Federal (national) Government.  Wrote to convince states to pass the Constitution.  Argued that: People need a national government to preserve order and protect rights (humans are not angels argument). The separation of powers into three independent branches protected the rights of the people. No need for Bill of Rights. A listing of rights can be a dangerous thing. If the national government were to protect specific listed rights, what would stop it from violating rights other than the listed ones? Since we can't list all the rights, the Federalists argued that it's better to list none at all.

7. Who were the Anti-Federalists? (Patrick Henry and George Mason)  Were against (anti-) creating a strong federal Government.  Did not want the states to ratify the Constitution.  Argued that: It gave too much power to the national government at the expense of the state governments. There was no bill of rights. The national government could maintain an army in peacetime. Congress, because of the `necessary and proper clause,' wielded too much power. The executive branch held too much power.

8. Ratification: Struggle to get each state to agree to new Constitution  Approval Delaware (Dec. 7, 1787) Pennsylvania (Dec. 12, 1787) New Jersey (Dec. 18, 1787) Georgia (Jan. 2, 1788) Connecticut (Jan. 9, 1788) Massachusetts (Feb. 7, 1788) Maryland (Apr. 29, 1788) South Carolina (May 23, 1788) New Hampshire (June 21, 1788) Virginia (June 25, 1788) New York (July 26, 1788) North Carolina (Nov. 21, 1789) Rhode Island (May 29, 1790)

9. Representation and Democratization Based on studies by Jackson Turner Main Growing alarm of elite patriots: “We probably had too good an opinion of human nature in forming our confederation. Experience has taught us, that men will not adopt and carry into execution measures the best calculated for their own good, without the intervention of a coercive power… What astonishing changes a few years are capable of producing” -- George Washington to John Jay (Aug. 1786)

10. Comprehension check:  Write a brief summary in your notes. Be sure to include the following key terms: 1. Federalists 2. Anti-Federalists 3. Ratification. 4. Representation. 5. Bill of Rights.

11. Bill of Rights (First 10 amendments to the Constitution)  The Federalists had to promise to add a Bill of Rights to get all the states to agree to the new national government.  Academic speed dating: With your partner read your assigned amendment and take detailed notes. Form an inner and outer circle, sitting across from someone. Make sure if you are in the inner circle, your partner is in the outer circle (and vice versa). You will have 2 ½ minutes to teach your amendment. Do not waste time because everyone needs notes on all 10 amendments!

12. Bill of Rights  1 st amendment: freedom of speech, press, assembly, and religion.  2 nd amendment: right to bear arms.  3 rd amendment: housing soldiers.  4 th amendment: right against unreasonable search and seizure.  5 th amendment: jury trial, double jeopardy, self-incrimination, due process.  6 th amendment: right to jury trial, right to a lawyer.  7 th amendment: extends right to jury trial to civil cases.  8 th amendment: no excessive bail, no cruel and unusual punishment.  9 th amendment: safety net stating that individuals have other fundamental rights not explicitly listed.  10 th amendment: balance of power between federal and state governments.

13. U.S. Constitution: Structure of Government  Representation: The “Great” and “3/5 th ’s” Compromises.  3 branches: Legislative, Executive, Judicial. Bicameral Legislation: 2 houses in Legislature – Senate and House of Reps.  Separation of powers: Checks and Balances Chart.  Federal vs. State Authority (continuing tension).

15. Homework:  1. Rewrite notes on the Bill of Rights in order in your notebooks.  2(a). Research a case in which your amendment was tested in court. (Internet, newspapers, and personal interviews are acceptable sources).  2(b). Bring evidence of your research: write down amendment, name of case, date, and brief description.  3. Debaters: Research and speech writing. Best arguments for and against the states passing Constitution. Stay after school at least one day to get help from me.

16. Time-permitting: Quiz Questions  1. In the debate over the ratification of the Constitution, the Antifederalists believed A. the executive branch would be too powerful. B. the national government would be too powerful. C. the states would be too powerful. D. the Articles of Confederation should have been amended.  2. Which of the following is a civil liberty that is included in the Bill of Rights? A. institution of the draft B. compelled self-incrimination C. right to a speedy trial D. right to search without cause  3. One weakness of the Articles of Confederation was that A. there was no executive branch. B. state governments were too weak. C. the Supreme Court had too much power. D. there was no legislative branch.

17. Quiz continued  4. All of the following were main arguments of the Antifederalists against the ratification of the new Constitution EXCEPT that A. it was primarily by and for the wealthy and aristocracy. B. the states would be wholly subordinate to the national government. C. it could lead to tyranny and despotism. D. the national government would need a judicial branch.  5. Patrick Henry refused to attend the Constitutional Convention. He did so in protest because he believed that the delegates were going to A. establish a strong federal government. B. retain the Articles of Confederation. C. expand the powers of the states. D. create a Bill of Rights.  6. The ratification of the Constitution came before the A. Constitutional Convention in Philadelphia. B. acceptance of the Great Compromise by the states. C. states' acceptance of the Bill of Rights. D. Articles of Confederation were accepted by the states.

18. Quiz continued:  7. The Constitution was drafted because the Articles of Confederation failed to A. allow for the addition of new states. B. prevent military rule. C. provide enough power to the central government. D. provide for a legislative body.  8. The accumulation of all powers, legislative, executive, and judiciary, in the same hands… may justly be pronounced the very definition of tyranny. —James Madison, The FederalistThe quote above is Madison's argument for which of the following? A. federalism B. separation of powers C. popular sovereignty D. states' rights

19. Quiz continued  9. The Great Compromise during the constitutional debates was A. the counting of slaves as three-fifths a person for representation. B. a mix of the legislative ideas of the Virginia and New Jersey plans. C. an attempt to resolve the issues of the Northwest Territory. D. the Antifederalist's final ratification of the Constitution.  10. The vast Continent of America cannot be long subjected to a Democracy if consolidated into one Government. You might as well attempt to rule Hell by Prayer.The 1780s view expressed above was the opinion of which of the following? A. Loyalists B. Antifederalists C. Federalists D. Whigs  11. According to the authors of The Federalist, the Constitution has two main purposes: to defend minority rights against majority tyranny and to A. prevent a single faction (party) from dominating politics. B. prevent a minority from blocking measures necessary for the national interest. C. diversify the nation's economic interests and foreign trading partners. D. develop a new and separate American identity.