1. Chapter 5 – The Constitution of the US
Section 3 –
Ratifying the Constitution

2. Federalists vs. Anti-Federalists
Federalists – those who were in favor of the Constitution. Gave approval of the Constitution to conventions of people in each state rather than the state legislatures – believed the state legislatures would not give up power to a central government.
Wanted a strong national government
Feared the people more than the government
Alexander Hamilton, James Madison, and John Jay wrote a series of 85 essays in favor of the Constitution. These essays appeared in NYC newspapers (to win approval in NY). Called The Federalist.
Extra credit opportunities (?)
Anti-Federalists – those who opposed the Constitution. Patrick Henry was one of the leaders. Support for anti-Federalists was strongest in rural areas, where they did not care about rules on commerce.
Believed that the Constitution posed a threat to both state governments and individual rights
Feared the government more than the people
Wanted a Bill of Rights – Some believed that even with a Bill of Rights, a large central gov’t would take away rights by coercion

3. Why the Federalists Won
Articles of Confederation had problems
National gov’t could not deal with economic problems
National gov’t could do nothing about uprisings such as Shays’ Rebellion
Federalists united around a specific plan – the Constitution. Anti-Federalists only united in being against the Constitution – had no other plan to offer.
Federalists were well-organized and in frequent contact nationally. Anti-Federalists were state and local-based and did not communicate nationally.
Federalists had George Washington’s support. He had been President of the Constitutional Convention that drafted it.
People more willing to accept the idea of a President knowing that it would most likely be George Washington.

4. The Bill of Rights
The Constitution was approved by several states because the Federalists promised there would be a Bill of Rights added.
Arguments against a Bill of Rights
No need. Constitution says that government powers are limited to what “we the people” give the gov’t. Since we did not give them the right to take away our free speech, for instance, they cannot.
Dangerous. If you provide a list of rights that the people have, there is a danger that some future court or gov’t might say that a certain right is not listed, therefore the people do not have it.
Arguments for a Bill of Rights
If the rights of people were NOT spelled out, they might be taken away by a gov’t.

5. The Bill of Rights, specifically
1st Amendment
Freedoms of religion (2), speech, press, assembly, and petition
2nd Amendment
Right to bear arms
3rd Amendment
In peacetime, no troops housed in homes without the owner’s agreement.
4th Amendment
Protection against unreasonable searches and seizures
5th Amendment
Protection against self-incrimination, against being tried twice for same crime, against unfair actions by fed. gov’t, against having gov’t take property unless they pay a fair price
6th Amendment
Right to a speedy and fair trial, to a jury, to be informed of charges against you, to be confronted with witnesses against you, to an attorney
7th Amendment
Right to a jury trial in federal courts if amount >$20.
8th Amendment
Protection against excessive bail, cruel and unusual punishment
9th Amendment
People have rights not listed.
10th Amendment
Powers not mentioned at all in the Constitution belong to the States or the people.