U.S. History5.3 Ratifying the ConstitutionExactly what will it take?

MAIN IDEA: During the debate on the Constitution, the Federalists promised to add a bill of rights in order to get the Constitution ratified.

WHY IT MATTERS NOW: The Bill of Rights continues to protect ordinary citizens.

Lecture QuestionsWhat views did the Federalists hold?

Why did the Antifederalists oppose ratification of the Consitution?

What did The Federalist argue?

Why did the Antifederalist demand a Bill of Rights?

In what year was the Constitution ratified?

How did the Bill of Rights protect personal liberties?

Controversies over hte Constitution

Procedure set up for ratification•each state would hold a special convention•voters would elect the delegates to the convention•Delegates would vote “yes” or “no” to ratify – officially

approve – of the document•At least 9 states had to approve•STATE LEGISLATURES ARE NOT INVOLVED oSince the Constitution reduced the power of the states, it

was feared that the state legislatures would vote “no”, so they were excluded!

Within weeks after the Constitutional Convention Within weeks after the Constitutional Convention adjourned in September 1787, the articles now called adjourned in September 1787, the articles now called the "Federalist Papers" and the "Anti-Federalist Papers" the "Federalist Papers" and the "Anti-Federalist Papers" appeared in New York newspapers. appeared in New York newspapers.

Here was a day-by-day debate over the "most important Here was a day-by-day debate over the "most important question that was ever proposed . . . to the decision of question that was ever proposed . . . to the decision of any people under heaven." any people under heaven."

•Will the proposed Constitution guarantee or destroy Will the proposed Constitution guarantee or destroy liberty? liberty?

•Where will power reside?Where will power reside?• Who will have it? Who will have it? •Who can give it? Who can give it? •Who can get it back when lost?Who can get it back when lost?

FederalistsFavored the new constitution’s balance of power b/wstates and national gov’t

Federalists’ ArgumentSystem of checks and balances & division of powers would prevent tyranny of centralized authority

Anti-Federalistsopposed having a strong central gov’t, so ag. Constitution

Antifederalists’ Argumentpossible abuses: 1. gov’t might work for the privelged few & ignore the rights of hte minority. 2. no one gov’t can rule such a vast country 3. there is no protection for individual rights

Federalists Anti-Federalists

What kind of people supported each?

Which leaderssupported each?

support from back country agricultural areas, debtors, people opposed to strong gov’t

Patrick HenryJohn HancockThomas JeffersonGeorge Masonoppose a central gov’t that did not guarantee protection of individual rights

support from coastal & urban areas, from upper middle class, merchants, shippers, financiers, lg. plantersGeorge WashingtonAlexander HamiltonJames MadisonBenjamin Franklinfavored a strong central gov’t to maintain peace and stability and to strengthen the Union

Federalists Anti-Federalists

War of Words

*Letters from the Federal Farmer (likely written by Richard Henry Lee)* Antifedaralist*Listed rights he thought should be protected - freedom of press, speech, religion: guarantees against unreasonable search; trial by jury

*The Federalist, a series of 85essays, is published in NY papers in 1787-1788.* Published under the namePublius*Written by Alex Hamilton, JohnJay, James Madison*Analysis and explanation of theparts of the Constitution

Federalists Anti-Federalists

Arguments from each side

♦Since you are weakening the states, we need a national bill of rights

o Freedom of speech, press, religion, right to trial by jury, right to bear arms

♦– we granted only limited power to national govt, so it could not violate rights of people or states

o Also, Constitution lets people protect their rights by electing trustworthy leaders!

The Decision

•We will add a bill of rights if the states will ratify the constitution!

The Decision• Delaware led the way: ratified in December 1787• New Hampshire was the 9th state to ratify; Constitution takes effect• VA and NY had not yet voted• We needed the large states on board to make it work• In VA: Patrick Henry, Richard Henry Lee, James Monroe are antis.

RH Lee fears that we would be voluntarily be putting ourselves under the power of an absolute ruler

• In NY: John Jay & Alexander Hamilton vs a strong anti majority

• Once NH had ratified, (and VA as well), NY fell into place, ratifying on July 26, 1788.

• RI holds out until 1790, but the new govt went into effect in 1789 without them

The Bill of Rights

• In September 1789, Congress suggested 12 amendments

•December 1791, 10 were approved by ¾ of the states.

•1st 8 spell out personal liberties•#9 and 10 – limit the power of the federal

govt.

Who Was Excluded?

•Native Americans, slaves•Women were not mentioned at all•Some Northern states permitted blacks to vote• - but Bill of Rights offered them no protection

ag. discrimination and hostility• BUT the constitution allows for future changes

(called amendments) as we need them