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Ratification of the Constitution
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Requirements of Ratification adopted September 17, 1787 9 of 13 states must ratify before it can be law - Convene special state conventions - vote yes or no - no changes can be made until after 9/13 had ratified = law March 4, 1789 new government begins operation
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Ratification of the Constitution DateStateVotesYesNo 1 December 7, 1787Delaware300 2 December 12, 1787Pennsylvania4623 3 December 18, 1787New Jersey380 4 January 2, 1788Georgia260 5 January 9, 1788Connecticut12840 6 February 6, 1788Massachusetts187168 7 April 28, 1788Maryland6311 8 May 23, 1788South Carolina14973 9 June 21, 1788New Hampshire5747 10 June 25, 1788Virginia8979 11 July 26, 1788New York3027 12 November 21, 1789North Carolina19477 13 May 29, 1790Rhode Island3432
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Anti-Federalists against ratification of the Constitution prominent members - Patrick Henry, George Mason, Thomas Paine arguments - It gave too much power to the national govt at the expense of the state govts. - There was no bill of rights. - The national government could maintain an army in peace. - Congress, because of the `necessary and proper clause,‘ wielded too much power. (example taxing) - The executive branch held too much power - power was held by an aristocratic elite!
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Federalists in favor of the Constitution prominent members - Madison, Hamilton, Washington, Franklin argued - The separation of powers into three independent branches protected the rights of the people. Each branch represents a different aspect of the people, and because all three branches are equal, no one group can assume control over another. - 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.
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Federalist Papers 85 letters - published in newspapers (NY 1 st ) under the name "Publius." - James Madison, Alexander Hamilton, John Jay explained the new Constitution answered the charges of the Anti-Federalists
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Bill of Rights drafted by James Madison influenced by - 1776 Virginia Declaration of Rights written by George Mason - English Bill of Rights - natural rights officially became a part of the Constitution in 1791
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Bill of Rights first ten amendments outlines the rights of the citizens The only reason the constitution was ratified was because of a promise of a Bill of Rights! - Massachusetts - Virginia - New York
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1 st Amendment Religion Assembly Press Petition Speech Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the government for a redress of grievances
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2 nd Amendment well regulated militia keep and bear arms A well regulated militia, being necessary to the security of a free state, the right of the people to keep and bear arms, shall not be infringed
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3 rd Amendment no quartering of soldiers No soldier shall, in time of peace be quartered in any house, without the consent of the owner, nor in time of war, but in a manner to be prescribed by law.
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4 th Amendment no illegal search and seizure must have a search warrant The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.
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5 th Amendment Rights of the Accused must be indicted by grand jury no double jeopardy protects from self incrimination eminent domain No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a grand jury, except in cases arising in the land or naval forces, or in the militia, when in actual service in time of war or public danger; nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation
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6 th Amendment speedy trial impartial jury informed of charges call witnesses cross examine witnesses lawyer In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the state and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the assistance of counsel for his defense.
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7 th Amendment civil cases over $20 get a jury trial common law In suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved, and no fact tried by a jury, shall be otherwise reexamined in any court of the United States, than according to the rules of the common law.
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8 th Amendment no excessive bail no cruel and unusual punishment Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.
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9 th Amendment enumerated rights- we have rights not listed in Constitution The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people
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10 th Amendment powers reserved to states federalism = share powers between state and national government The powers not delegated to the United States by the Constitution, nor prohibited by it to the states, are reserved to the states respectively, or to the people
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