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AMENDING THE CONSTITUTION I. Proposal Stage 2/3 Vote of both House and Senate OR Convention called by Congress at the request of 2/3 of state legislatures I. Ratification Stage 3/4 of state legislatures OR 3/4 of state ratifying conventions “Democratizing” Amendments • 13th - 1865 - Abolishes slavery • 14th - 1868 - African Americans are citizens, equal protection, removes 3/5 compromise • 15th - 1870 - Extends vote to African Americans • 17th - 1913 - Direct election of Senators • 19th - 1920 - Extends suffrage to women • 24th - 1964- Abolishes poll taxes • 26th - 1971 - Extends suffrage to 18 yr olds Federalists versus Antifederalists • Federalist papers (pen name Publius: Madison, Hamilton and Jay) • Antifederalists wrote as Brutus and the Federal Farmer • Demographics: Feds were large property owners, merchants from Northeast and Midatlantic states • Antifeds were small farmers, shopkeepers, laborers What did Antifederalists believe? • Wanted one single legislative body • Rotation • Keep power close to people (stronger state governments, weaker national gov’t, small electoral districts/more representatives to truly represent views of the people, frequent election) GOT BILL OF RIGHTS What did Federalists believe? • Articles of Confederation insufficient • Strengthen national government but feared tyranny of majority especially by unpropertied • HOW DID THEY ARGUE THEIR CASE? Federalists’ argument • 1. government will fall apart if we don’t give it more power • 2. States will actually have more power in the new system • 3. scientific style of argument: axioms and logical necessity - “a sound and unbiased mind would find these maxims irrestistible” Behind the science of politics/logical arguments • Beardian thesis (Charles Beard, wrote book published 1913 called Economic Interpretation of the Constitution): Supporters of Constitution represented a distinct class of people – merchants, shippers, bankers, speculators, holders of government securities. Behind the science of politics/logical arguments • Opponents represented individuals whose economic interests were tied to the land –farmers, plantation owners, and debtors –would lose economically from the new Constitution so opposed it. • People involved in trade, commerce would benefit while Western landowners, slaveowners wouldn’t. • One study (McGuire and Ohsfeldt) looked at how delegates to the Constitutional Convention voted on whether or not to ratify the constitution. • Indeed found that people voted based on economic interests – e.g. delegates who were merchants more likely to support, slaveowners 40 percent less likely to support ratification Gordon Wood response to economic interpretation • Wood is a historian who argued that the Constitution reflects not just economic interests but ideals and values – Gordon Wood response to economic interpretation • Government grounded in consent, contract • So Wood takes “ideas” of those who wrote Constitution seriously (ideas like the social contract, individual rights) – felt they had achieved something worthy, created a lasting union based on 1) rep. democracy, 2) checks and balances and separation of powers Federalism • UNITARY • CONFEDERATION • HYBRID How are powers divided • Enumerated powers • Implied powers • Inherent powers