FEDERALIST & ANTI-FEDERALIST AND THE BILL OF RIGHTS

Ratifying the Constitution

The Constitution Causes Controversies

When newspapers revealed the new Constitution to the public, many were shocked at the radical changes made.Many expected the convention to amend the Articles of Confederation, and therefore sides emerged for support of and in opposition to the new Constitution.

The framers established a ratification process that required each state to hold a special convention that would have elected delegates discuss the Constitution for approval. This bypassed the state legislatures… why?The framers felt that the Constitution would be opposed by the state governments since it reduced their power. This also allowed for the framers to campaign for delegates that would support ratification.

Two major sides emerged during this process. The Federalists and Anti-Federalists.

Federalists Anti-Federalist

Supporters of the Constitution. Favored a balance of power

between national and state governments.

Insisted that the division of power and system of checks and balances would protect from tyranny.

Included George Washington, James Madison, and Alexander Hamilton.

Supported by urban centers, small states, and those with weak economies… why?

Opponents of the Constitution. Feared a strong central

government, and believed it would lead to an abuse of power.

Privileged minority would over-rule the rights of the majority.

Leading argument centered on the Constitution lacking protection for individual rights.

Included Patrick Henry, Samuel Adams, and Richard Henry Lee.

Supported by rural areas, large states, and those with strong economies… why?

Federalists & Anti-Federalists

The Federalist & Letters from the Federal Farmer

As the sides emerged, so did their opinions. These appeared in two divergent publications.

Federalists John Jay, Alexander Hamilton, and James Madison wrote The Federalists under the pseudonym ‘Publius’ (in honor of a Roman consul).

Their writings analyzed and explained the separation of powers. Many are still important today.

The Anti-Federalist, Richard Henry Lee, responded with Letters from the Federal Farmer. He argued for the rights that should and must be protected by the government

The People Demand a Bill of Rights

The Anti-Federalists argued that since the Constitution weakened states, the people needed a bill of rights.

They wanted a written guarantee for freedom of speech, of the press, and religion, as well as the rights to a fair trial and to bear arms.Although Federalists insisted that

the limited powers granted in the Constitution would guarantee these rights, they yielded to the people’s overwhelming desire to add a bill of rights

With the promise of a bill of rights, states began ratifying the Constitution. Delaware was the 1st in Dec. 1787. In June of 1788, New Hampshire became the 9th state to ratify the Constitution, which fulfilled the required amount.

Virginia & New York

Although 9 states had ratified the Constitution, they still needed the two most powerful states, VA. And NY. to ratify.

In VA. the strong opposition led by Patrick Henry, Richard Henry Lee, and James Monroe fought hard against the Constitution but were eventually swayed.

New York had a strong Anti-Federalist following, but John Jay and Alexander Hamilton’s work on The Federalist (as well as NH and VA’s ratification) led to NY ratifying on June 26, 1788.RI did not officially ratify until 1790, but the new government was in effect by 1789.

Adopting a Bill of Rights

Congress submitted 12 amendments to the state legislatures for ratification. 10 of these were accepted and became the Bill of Rights we know today.The First Amendment: guarantees citizens’ rights to freedom of religion, speech, the press, and political activity. The Second & Third Amendments: granted citizens the right to bear arms as members of a militia and prevented the government from housing troops in private homes. The Fourth through Eighth Amendments: guaranteed fair treatment for individuals suspected or accused of crimes.

The Ninth Amendment: makes it clear that people’s rights are not restricted to just those mentioned in the Constitution.

The Tenth Amendment: clarifies that people and the states have all the powers that the Constitution does not specifically give to the national government or deny to the states.

Conclusions

The Constitution became a reality in 1789 and the Bill of Rights was officially ratified in 1791.

Even with the Bill of Rights, marginalized groups such as African Americans, Native Americans, and Women were not mentioned in the Constitution or Bill of Rights.Although some freed African Americans had the right to vote in Northern States, they were not protected from discriminatory acts of whites.Although there were still flaws with the Constitution and Bill of Rights, it was a model for many future nations in its flexibility and liberal ideals.

Reminders

HW: Complete the Review Packet for Thursdays review session.

Topics are due this Friday!

If you have test corrections or major missing assignments, you will need to do a Sunday Study Hall if these are not completed before Sunday.

Leave the room better than you found it!