Ratifying the U.S. Constitution

1. Ratifying the U.S. Constitution

2. Debate Schedule: 10:55 Sides are determined 10:57 Desks are arranged 11:00 Group planning strategy 11:10 Debate begins 11:25 Break for lunch 12:05 Resume Debate 12:25 End debate (if still in session) 12:26 Discuss Homework/Quiz Prep.

3. Debate Schedule: • Opening Statements • Federalists explain why we are here today • Opening question by Hanson • responses by each group • Follow-Up questions by Hanson • responses by each group • Final statements • Bonus follow-up questions from Hanson • Homework assignment (quiz prep for Friday)

4. Why so upset ? Many Americans were generally suspicious of Government. Their mistrust stemmed from the fear that the New Constitution created a government that the people could not control.

5. What were the flaws ? • Const. Convention wasn’t open to the public • Undermined republican form of govt. • Too much power to National Govt. at the expense of the State Govt. powers. • Too much power to the Exec. Branch at the expense of the other branches powers • Congress too much power under the necessary and proper clause. • Powers were not adequately separated between the executive and legislative branches • It allowed for the national government to keep an army during peacetime. • It did not include a Bill of rights

6. Anti-Federalist arguments for a Bill of Rights ? 1. This method of govt. organization does not protect rights. • Only the House is chosen by the people • The Fed. Govt. is far too removed from avg. citizen to care about their concerns.

7. Anti-Federalist arguments for a Bill of Rights ? 2. The Government’s powers are so general and vague that they can be used to give the government almost unlimited power. • “Necessary and Proper” • To promote the “general welfare”

8. Anti-Federalist arguments for a Bill of Rights ? • There is nothing in the Constitution to stop the Federal Government from violating all the rights that are not mentioned in it. (some rights are included and others are not. ) • Where is freedom of religion, speech, press or assembly ? • If they are omitted from the Const. the government is free to violate them

9. Anti-Federalist arguments for a Bill of Rights ? • A Bill of rights would quiet the fears of many people that a strong central government could violate their rights. • Where is freedom of religion, speech, press or assembly ? • If they are omitted from the Const. the government is free to violate them

10. Class Assignments Day 1 Groups of 3 or 4 to discuss the Anti-Federalist positions Homework: Read lesson 17 out of “We the People” Day 2 Groups of 3 or 4 to discuss the Federalist positions. (Lesson 17) Homework: Prepare 1 solid argument and counter argument for a specific topic. Day 3 Organize in small groups of Anti-Federalist & Federalists Discuss your arguments and counter arguments After lunch: Students are randomly selected to be a Anti-Federalist & Federalists Teacher led debate: Bring up a concern and let the debate begin.

11. Ratifying the U.S. Constitution

12. Constitutional Debate by __________________ Write as much as you can regarding the debate over ratification. Background info and arguments from both sides of the issue are expected

13. The Debate

14. Today’s Date: 9/15/1788 Would the Anti-Federalists please Identify themselves by name and/or description ? My name is: _______________ , I am a (job) _______________ , My education is: ___________________

15. Who were the Anti-Federalists Older Americans who grew up knowing the ways of Republicanism (Representative Government) Those poorer who were used to living communally and setting aside their own interests for the good of the whole. • Agrarian Communities, backcountry farmers George Mason Elbridge Gerry Richard Henry Lee Patrick Henry Mercy Otis Warren

16. Today’s Date: 9/15/1788 Would the Federalists please Identify themselves by name and/or description ? My name is: _______________ , I am a (job) _______________ , My education is: ___________________

17. Who were the Federalists ? • Generally they were : • The writers of the Constitution • Wealthier class of merchants and plantation owners. • From the Seaboard and city regions James Madison Benjamin Franklin Alexander Hamilton John Jay George Washington

18. Let the Debate Begin !

19. The Coin Flip Would a member of each delegation please approach the front so we can determine the order of opening statements.

20. Opening Statements Would you please tell us why you are here today ?

21. Opening Statements Federalists: We are here to convince you why you should ratify the Constitution as the new Government of the U.S. Anti-Federalists: We are opposed to the Constitution and want to make sure that it does not become the new Government of the U.S.

22. Let’s Begin Because the Federalists are responsible for the writing of the Constitution, it would only make sense for them to open the debate.

23. Federalists Please explain for some of us Exactly why we are here today? What is this Constitution thing you want us to consider ?

24. The Convention 55 men met in Philadelphia this past summer and decided on some ways in which we could improve the government. We made some changes to the Articles of Confederation that create a stronger central govt. We created a separation in power by creating 3 separate branches of government, each with their own area of powers.

25. The Convention We created a system of checks and balances that ensures that no single branch can become all-powerful and rule the country. We developed a method in which the leaders of the country would be elected by popular vote of the people.

26. Federalists Can someone remind me of what it is going to take for this Constitution of your to become official ?

27. Federalists It was decided at the Convention that before this Constitution would be official, it would require 9 of the 13 states to approve. This approval would be come out of ratifying conventions held in each state

28. Why ratifying conventions Anti-Federalists: The Federalists knew that many members of Congress and the state governments were against the new Constitution, largely because it reduced their powers so they wouldn’t allow the state governments to vote on this. It almost appears that the Federalists are trying to move this process around quickly so that we Anti-Federalists don’t have time to adequately prepare our opposition.

29. Why ratifying conventions Federalists: We want to bring this directly to the people. If you remember our Preamble….. “We the People do ordain and establish this Constitution” These ratifying conventions would be led by delegates elected by the people from the state for the sole purpose of approving the Constitution This is also an example of the Social Contract: (John Locke) The people created the Government to govern them and therefore should have to give consent to its powers.

30. Was the Constitutional Convention even legitimate ? Can anyone lend some information as to why some people feel there should have never been a Convention in 1787 ?

31. Was the Constitutional Convention even legitimate ? Under the Articles of Confederation, there was a stipulation that any Amendments to the document would require all 13 state’s approval. *The fact that Rhode Island sent no delegates to the convention made any changes made at the Convention moot. ANTI- FEDS

32. Was the Constitutional Convention even legitimate ? The Articles of Confederation were never valid in the first place because they were never presented to the people ( only the state governments ) Which means the calling for a Convention was legitimate. FEDS

33. Anti-Federalists reasons why this Constitution isn’t a good thing • We were initially upset that the Constitution was developed in closed meetings. • We do not like the idea of a large and powerful government that would have its capital far away from most of the people it represented. • It seems as though the elite and privileged created this for the purpose of serving their own selfish needs.

34. Anti-Federalists reasons why this Constitution isn’t a good thing 4. The National Govt. has been given too much power at the expense of the state governments losing their power. 5. The Executive Branch is too powerful at the expense of the other branches. • Congress has too much power because of the “necessary and proper clause”

35. Anti-Federalists reasons why this Constitution isn’t a good thing • We further feel that there is inadequate separation of the powers among the Executive and Legislative Branches. • It allows the govt. to maintain an army during peacetime. 9. Overall we believe that such a system would inevitably pose a threat to the rights of the people….which is why we are very concerned about the lack of a Bill of Rights.

36. Anti-Federalists reasons why this Constitution isn’t a good thing In conclusion, we feel that the only safe government is the one that was local and closely linked with the will of the people and controlled by the people by yearly elections and the ability to replace officials often.

37. Federalists replies to a specific issue raised by the Anti-Federalists ? • We were initially upset that the Constitution was developed in closed meetings. • If the meetings were open to the public, there is no telling what kind of interference could have occurred. • - Outside influences could have delayed discussions • - Lack of thought-out issues could cloud the agendas

38. Federalists replies to a specific issue raised by the Anti-Federalists ? • 2. We do not like the idea of a large and powerful government that would have its capital far away from most of the people it represented. • Although we are currently looking at Philadelphia and New York City as possible capital cities, we will be open to suggestions once we get this government started. • ( Washington D.C. is eventually chosen through the signing of the Federal Residence Act on July 6, 1790)

39. Federalists replies to a specific issue raised by the Anti-Federalists ? • It seems as though the elite and privileged created this for the purpose of serving their own selfish needs. • Men of experience and talent should be the one’s who help shape the government. The convention was a series of compromises that benefitted many diverse interests that were in attendance.

40. Federalists replies to a specific issue raised by the Anti-Federalists ? • The National Govt. has been given too much power at the expense of the state governments losing their power. State governments have recently been unable to maintain order. Do we remember Shay’s rebellion…who was called to put that down ?

41. Federalists replies to a specific issue raised by the Anti-Federalists ? • The National Govt. has been given too much power at the expense of the state governments losing their power. Recent state legislatures passed laws that have helped people in debt at the expense of those to whom they owed money. [These were seen as an infringement of property rights (which were a natural right fought for during the Amer. Revolution)]

42. Federalists replies to a specific issue raised by the Anti-Federalists ? • The Executive Branch is too powerful at the expense of the other branches. The Constitution’s strength was that it provided for different branches of Government that would represent the different interests of the people. The Exec. Branch would protect the people’s national interests since he would be elected because of his achieved national prominence.

43. Federalists replies to a specific issue raised by the Anti-Federalists ? • Congress has too much power because of the “necessary and proper clause” Limiting Congress to its enumerated powers would handcuff its ability to adapt to any future changes that may require its action. Additionally, because the House was directly represented by the people of a state’s district, the people would have a greater voice for the ears of its elected leaders.

44. Anti-Federalists reasons why this Constitution isn’t a good thing • We further feel that there is inadequate separation of the powers among the Executive and Legislative Branches. Checks and balances system provides a way in which each branch can exercise some level of control over the other. This would thus make it nearly impossible for any individual or faction-or even a majority- to take complete control of the government to serve its own interests at the expense of the common good or the rights of individuals/.

45. Anti-Federalists reasons why this Constitution isn’t a good thing • It allows the govt. to maintain an army during peacetime. As the young country expanded into foreign affairs, it would be necessary for the country’s safety to be strengthened beyond state militias. Excessive territorial expansion within the U.S. would require a National military to be called upon when needed.

46. Anti-Federalists reasons why this Constitution isn’t a good thing 9. Overall we believe that such a system would inevitably pose a threat to the rights of the people….which is why we are very concerned about the lack of a Bill of Rights.

47. Bill of Rights Arguments 1. This method of govt. organization does not protect rights. • Only the House is chosen by the people • The Fed. Govt. is far too removed from avg. citizen to care about their concerns.

48. Bill of Rights Fed.Counter 1. This method of govt. organization does not protect rights. A) Only the House is chosen by the people B) The Fed. Govt. is far too removed from avg. citizen to care about their concerns. A) Because the House is chosen by state districts it is much more representative of the people from that district. The Senate represents the states and that is why the State legislatures would choose them. • The members of the government are chosen by the people and if they are not listening to concerns, the people will elect new members.

49. Bill of Rights Arguments 2. The Government’s powers are so general and vague that they can be used to give the government almost unlimited power. • “Necessary and Proper” • To promote the “general welfare”

50. Bill of Rights Fed.Counter 2. The Government’s powers are so general and vague that they can be used to give the government almost unlimited power. A) “Necessary and Proper” B) To promote the “general welfare” A) Being over specific on powers could limit Congress to its enumerated powers and thus handcuff its ability to adapt to any future changes that may require its action. B) It would be nearly impossible to predict what kind of problems our country will face. These problems may require action that only a large government can provide. The welfare of our country can mean many things and once again being too specific might handcuff the govt. into non-action (when it might be most desperately needed )