Download Chapter 5 – The Constitution of the US

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