Ratifying the constitution: Federalists vs Anti Federalists


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Ratifying the constitution: Federalists vs Anti Federalists

  1. 1. Ratifying the U.S. Constitution
  2. 2. US Constitution  Ratification …to ratify or not to ratify…  that is the question Political debates—ratification brought about the biggest political debate in U.S. history!  Federalists v Anti-Federalists
  3. 3. US Constitution  Federalists  For ratification  Explained why this constitution was good through a series of published essays called “The Federalists Papers”  Some essays were published in response to essays against ratification by a group (who were later called) the Anti-Federalists
  4. 4. Federalists Why should this Constitution be ratified?  Promises a Republican form of government  Controls the factions (what are factions?)  Broadens public opinion  Provides for the best interest of the country  Makes it difficult for corruption to be successful  It is structured in a way that solves future problems
  5. 5. Federalists  Structured in a manner where the people have all the power and the government is limited and checked through  Separation of powers  Federal system  Independent judicial branch
  6. 6. Federalists Separation of powers  Madison #51:  “If men were angels, no government would be necessary. If angels were to govern men, neither external (the people) nor internal (checks/balances) controls on government would be necessary.”  “You must first enable the government to control the governed; then oblige it to control itself.”
  7. 7. Federalists Federal System  Madison #51:  Two distinct governments  Further divided by distinct separate departments  The different governments will control each other as well as itself
  8. 8. Federalists Independent Judicial Branch  Madison #51:  If a majority be united by a common interest, the rights of the minority will be insecure  By creating a power independent of the society, judicial branch, can secure the interest of the minority
  9. 9. Federalists  The Constitution is a Bill of Rights  Provides provisions to protect liberties  Impeachment; habeas corpus (will not be suspended); no bill of attainder and no ex post facto laws; no title of nobility; jury trials  A Bill of Rights are stipulations between kings and their subjects  Kings giving some power to give subjects some rights—like with the Magna Carta
  10. 10. Federalists  This Constitution, the people surrender nothing  Its an agreement between equals  Government’s power is stated with the enumerated powers (Article 1 section 8)  Listing a Bill of Rights implies the government has more power than what’s listed  Example: government can’t regulate religion because it’s not listed  Therefore, the Constitution is a Bill of Rights
  11. 11. Anti-Federalists Reasons NOT to ratify Constitution  Structure of the government is flawed Proper and necessary clause (implied powers) Gives too much power (Article 1 section 8 clause 18) Eventually annihilate the powers reserved to the States Reduce the government to one (1) Most important power—taxing Legislative power to issue and raise taxes is not limited…
  12. 12. Anti-Federalists Reasons NOT to ratify Constitution Structure of the government is flawed  Senate terms of office is too long Representatives will forget about the people’s interest and begin to feel independent  Senators will gain powerful friends and use them to continue in office—for life
  13. 13. Anti-Federalists Reasons NOT to ratify Constitution Structure of the government is flawed Judicial branch becomes the supreme power  Fixed salaries  Serve for life  No power above them to control branch  Independent of the people (the people do not vote for justices on the Supreme Court)  Decisions are final—therefore, independent of the legislature
  14. 14. Anti-Federalists Judicial branch becomes the supreme power If power rests with the people, then the supreme controlling power should be the choice of the people If a constitution is a compact of the people with their rulers Then if the ruler breaks the compact, the people have the right to remove them But not the Supreme Court judges
  15. 15. Anti-Federalists Structure of the government is flawed Judges should have knowledge of the law According to the Constitution, there are no stipulations that a Supreme Court justice should be a lawyer or even know law
  16. 16. Anti-Federalists Bill of Rights In a state of nature, the strong prey on the weak Therefore, the people’s rights should be expressed in the constitution The government should be limited from oppressing the people—a fixed barrier States have a Bill of Rights It is suspicious that the national government would not state these rights
  17. 17. Anti-Federalists Bill of Rights  The people must be protected from the government That protection must be in written form If not, it leaves no recourse for a revolution Where is the security that one will be given a description of the charges against him? Or produce evidence in his favor? Or face witnesses? Or a right to counsel?
  18. 18. Anti-Federalists Bill of Rights Without an expressed Bill of Rights The implied powers could take away rights reserved to the people
  19. 19. US Constitution  In order to get the new constitution ratified… Federalists agreed to add a Bill of Rights
  20. 20. US Constitution  Amendments  124 amendments were proposed  Only 12 passed Congress  Only 10 were ratified by the states  Bill of Rights were added to the Constitution as the first 10 Amendments