The Ratification Debate Chapter 4.2

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The Ratification DebateChapter 4.2
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I. Ratifying Process

• 9 of thirteen states need to ratify (agree)
• Ratified at state conventions, not legislatures
• State legs. Might fear losing power, and vote no.
• New Hampshire is 9th State to ratify
• NY and VA dont agree immediately
• Big, populated states
• Const. would probably fail w/out them
• 1789 Constitution goes into effect
• NC (1788) RI (1790) are last to ratify after
  disagreeing at first.

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II. Federalists (favor Const.)

• Favor a strong national government.
• Argue checks and balances prevent one branch from
  too much power
• Strong Gov needed to
• Facilitate interstate and foreign trade
• National defense
• Foreign relations (war, treaties)
• Bill of Rights not needed
• Const. protected rights (people govern selves)
• Most states already had basic bill of rights

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III. Anti-Federalists (oppose Const.)

• In favor of strong state governments.
• Believe national gov would take power from
  states.
• National Bill of Rights is necessary.
• Forced Federalists to agree this would be
  Congress first task.

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IV. Federalist Papers

• Written to win approval on Const. in NY
• Authors J. Madison, A. Hamilton, John Jay
• Recognized as the most sophisticated explanation
  of American political system.
• s 10. 84 are the most important/famous
• Argued
• A republic could survive in a territory as big as
  the USA because political factions (group) would
  check each others power.
• National gov more important than states, but only
  in areas where Const. gives it power.

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VI. Why the Federalists Won

• Widespread opinion that Articles of Confederation
  are bad. (Shays Rebellion)
• Federalist had a plan (Const.)
• - Anti-Federalists had no plan.
• Federalists had a national network to talk.
• - Anti-Feds were scattered state local
  politicians
• George Washington is a Federalist - He chaired
  the Const. Convention
• - Wasnt power hungry
• - Everyone knew him, and knew hed be 1st
  President
• Federalist Papers

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VII. Virginias Influence

• Virginia Declaration of Rights
• By George Mason
• Reiterated the notion that basic rights should
  not be violated by governments.
• Virginia Statute (Law) for Religious Freedom
• By Thomas Jefferson
• Outlawed the established church that is, the
  practice of government support for one favorite
  church.
• Bill of Rights
• James Madison
• Consulted the above items when he drafted the
  Bill of Rights.

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Question

• What do you think the Bill of Rights should
  protect?

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• The Bill of Rights and the Constitution
• Chapter 4.3

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I. Bill of Rights

• First Ten Amendments to the Constitution
• Took effect in 1791.
• Protect certain basic rights of all citizens
• Which means any white male who is old enough (and
  who usually has land).

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1st Amendment

• 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 grievance.

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2nd Amendment

• 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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3rd Amendment

• 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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4th Amendment

• 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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5th Amendment

• 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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6th Amendment

• 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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7th Amendment

• 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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8th Amendment

• Excessive bail shall not be required, nor
  excessive fines imposed, nor cruel and unusual
  punishments inflicted.

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9th Amendment

• 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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10th Amendment

• 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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1st
2nd
3rd
4th
5th
6th
7th
8th
9th
10th
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1st Freedom of speech, press, assembly, petition, and redress.
2nd
3rd
4th
5th
6th
7th
8th
9th
10th
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1st Freedom of speech, press, assembly, petition, and redress.
2nd Right to bear arms (weapons)
3rd
4th
5th
6th
7th
8th
9th
10th
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1st Freedom of speech, press, assembly, petition, and redress.
2nd Right to bear arms (weapons)
3rd Restricts how federal government can house soldiers in citizens homes.
4th
5th
6th
7th
8th
9th
10th
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1st Freedom of speech, press, assembly, petition, and redress.
2nd Right to bear arms (weapons)
3rd Restricts how federal government can house soldiers in citizens homes.
4th Protects individuals against unreasonable searches and seizures.
5th
6th
7th
8th
9th
10th
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1st Freedom of speech, press, assembly, petition, and redress.
2nd Right to bear arms (weapons)
3rd Restricts how federal government can house soldiers in citizens homes.
4th Protects individuals against unreasonable searches and seizures.
5th Grand jury required no self-incrimination no double jeopardy no taking of private property with compensation.
6th
7th
8th
9th
10th
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1st Freedom of speech, press, assembly, petition, and redress.
2nd Right to bear arms (weapons)
3rd Restricts how federal government can house soldiers in citizens homes.
4th Protects individuals against unreasonable searches and seizures.
5th Grand jury required no self-incrimination no double jeopardy no taking of private property with compensation.
6th Right to a fair and swift trial.
7th
8th
9th
10th
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1st Freedom of speech, press, assembly, petition, and redress.
2nd Right to bear arms (weapons)
3rd Restricts how federal government can house soldiers in citizens homes.
4th Protects individuals against unreasonable searches and seizures.
5th Grand jury required no self-incrimination no double jeopardy no taking of private property with compensation.
6th Right to a fair and swift trial.
7th Right to a jury trial in civil cases in federal courts.
8th
9th
10th
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1st Freedom of speech, press, assembly, petition, and redress.
2nd Right to bear arms (weapons)
3rd Restricts how federal government can house soldiers in citizens homes.
4th Protects individuals against unreasonable searches and seizures.
5th Grand jury required no self-incrimination no double jeopardy no taking of private property with compensation.
6th Right to a fair and swift trial.
7th Right to a jury trial in civil cases in federal courts.
8th Protects against cruel unusual punishment and excessive bail.
9th
10th
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1st Freedom of speech, press, assembly, petition, and redress.
2nd Right to bear arms (weapons)
3rd Restricts how federal government can house soldiers in citizens homes.
4th Protects individuals against unreasonable searches and seizures.
5th Grand jury required no self-incrimination no double jeopardy no taking of private property with compensation.
6th Right to a fair and swift trial.
7th Right to a jury trial in civil cases in federal courts.
8th Protects against cruel unusual punishment and excessive bail.
9th Establishes people have rights beyond those stated in the Constitution.
10th
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1st Freedom of speech, press, assembly, petition, and redress.
2nd Right to bear arms (weapons)
3rd Restricts how federal government can house soldiers in citizens homes.
4th Protects individuals against unreasonable searches and seizures.
5th Grand jury required no self-incrimination no double jeopardy no taking of private property with compensation.
6th Right to a fair and swift trial.
7th Right to a jury trial in civil cases in federal courts.
8th Protects against cruel unusual punishment and excessive bail.
9th Establishes people have rights beyond those stated in the Constitution.
10th All powers not given to feds or denied to the states are held by each state, or the people.
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of states needing to ratify to make Const law.
Group that opposed the Constitution.
Group that supported the Constitution.
Favored national gov.
Favored state govs.
Wanted Bill of Rights
Did not want Bill of Rights
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of states needing to ratify to make Const law. Nine
Group that opposed the Constitution.
Group that supported the Constitution.
Favored national gov.
Favored state govs.
Wanted Bill of Rights
Did not want Bill of Rights
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of states needing to ratify to make Const law. Nine
Group that opposed the Constitution. Anti-Federalists
Group that supported the Constitution.
Favored national gov.
Favored state govs.
Wanted Bill of Rights
Did not want Bill of Rights
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of states needing to ratify to make Const law. Nine
Group that opposed the Constitution. Anti-Federalists
Group that supported the Constitution. Federalists
Favored national gov.
Favored state govs.
Wanted Bill of Rights
Did not want Bill of Rights
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of states needing to ratify to make Const law. Nine
Group that opposed the Constitution. Anti-Federalists
Group that supported the Constitution. Federalists
Favored national gov. Federalists
Favored state govs.
Wanted Bill of Rights
Did not want Bill of Rights
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of states needing to ratify to make Const law. Nine
Group that opposed the Constitution. Anti-Federalists
Group that supported the Constitution. Federalists
Favored national gov. Federalists
Favored state govs. Anti-Federalists
Wanted Bill of Rights
Did not want Bill of Rights
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of states needing to ratify to make Const law. Nine
Group that opposed the Constitution. Anti-Federalists
Group that supported the Constitution. Federalists
Favored national gov. Federalists
Favored state govs. Anti-Federalists
Wanted Bill of Rights Anti-Federalists
Did not want Bill of Rights
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of states needing to ratify to make Const law. Nine
Group that opposed the Constitution. Anti-Federalists
Group that supported the Constitution. Federalists
Favored national gov. Federalists
Favored state govs. Anti-Federalists
Wanted Bill of Rights Anti-Federalists
Did not want Bill of Rights Federalists
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Authored the Federalist Papers
Most Important Federalist
VA law that protected basic human rights
VA law that forbid gov. support of one religion
He drafted the Bill of Rights
1st Ten Amendments to the Constitution.
2nd Amendment Right
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Authored the Federalist Papers Madison, Hamilton, Jay
Most Important Federalist
VA law that protected basic human rights
VA law that forbid gov. support of one religion
He drafted the Bill of Rights
1st Ten Amendments to the Constitution.
2nd Amendment Right
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Authored the Federalist Papers Madison, Hamilton, Jay
Most Important Federalist George Washington
VA law that protected basic human rights
VA law that forbid gov. support of one religion
He drafted the Bill of Rights
1st Ten Amendments to the Constitution.
2nd Amendment Right
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Authored the Federalist Papers Madison, Hamilton, Jay
Most Important Federalist George Washington
VA law that protected basic human rights VA Declaration of Rights
VA law that forbid gov. support of one religion
He drafted the Bill of Rights
1st Ten Amendments to the Constitution.
2nd Amendment Right
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Authored the Federalist Papers Madison, Hamilton, Jay
Most Important Federalist George Washington
VA law that protected basic human rights VA Declaration of Rights
VA law that forbid gov. support of one religion VA Statue for Religious Freedom
He drafted the Bill of Rights
1st Ten Amendments to the Constitution.
2nd Amendment Right
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Authored the Federalist Papers Madison, Hamilton, Jay
Most Important Federalist George Washington
VA law that protected basic human rights VA Declaration of Rights
VA law that forbid gov. support of one religion VA Statue for Religious Freedom
He drafted the Bill of Rights James Madison
1st Ten Amendments to the Constitution.
2nd Amendment Right
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Authored the Federalist Papers Madison, Hamilton, Jay
Most Important Federalist George Washington
VA law that protected basic human rights VA Declaration of Rights
VA law that forbid gov. support of one religion VA Statue for Religious Freedom
He drafted the Bill of Rights James Madison
1st Ten Amendments to the Constitution. Bill of Rights
2nd Amendment Right
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Authored the Federalist Papers Madison, Hamilton, Jay
Most Important Federalist George Washington
VA law that protected basic human rights VA Declaration of Rights
VA law that forbid gov. support of one religion VA Statue for Religious Freedom
He drafted the Bill of Rights James Madison
1st Ten Amendments to the Constitution. Bill of Rights
2nd Amendment Right Right to bear arms