Ratification and the Bill of Rights: A Critical Analysis of the Constitution's Features and Debates

1. 3.) Analyze major features of the Constitution of the United States and the Bill of Rights for purposes, organization, functions, and principles, including rule of law, federalism, limited government, popular sovereignty, judicial review, separation of powers, and checks and balances. • •  Explain main ideas of the debate over ratification that included the Federalist papers • •  Analyze the Bill of Rights for its application to historical and current issues • •  Outline the formal process of amending the Constitution of the United States

2. Ratification and the Bill of Rights Main Idea Chapter 2 section 5 Before the Constitution could take effect, a heated debate between those in favor of the Constitution and those who opposed it took place in all the states. Reading Focus • What were the main points of the disagreement between the Antifederalists and the Federalists? • What were the main arguments made by the authors of the Federalist Papers? • Why was the Bill of Rights important to the ratification of the Constitution?

3. The Fight for Ratification

4. Antifederalists versus Federalists • Constitutional Convention adjourned September 17, 1787 • Drastic changes in plan for government surprised some, angered others • New national government would — Greatly reduce powers of state legislatures — Completely restructure Congress • Framers outlined process for ratifying Constitution — Voters in each state to elect representatives to state ratifying convention — To become law, Constitution had to be ratified by 9 of 13 states • Two factions — Federalists supported Constitution — Antifederalists opposed Constitution

6. Antifederalists versus Federalists The Antifederalists • Recognized need for stronger national government but thought Constitution betrayed ideals of American Revolution • Saw document as assault on state sovereignty, republicanism, liberty of the people • Believed national government would become too powerful • Strongest criticism—Constitution lacked bill of rights guaranteeing civil liberties

7. Antifederalists versus Federalists The Federalists • Enthusiastic supporters of powerful, vigorous national government • Feared central government that was too strong, but feared weak government more • Believed sufficiently powerful national government would strengthen fragile union, promote public good • Government would be empowered to defend against foreign enemies, regulate trade, and put down internal disturbances. • Believed separation of powers in Constitution put limits on government power

8. Reading Check Contrasting Over what issues did Antifederalists and Federalists disagree?

9. Reading Check Contrasting Over what issues did Antifederalists and Federalists disagree? Answer(s): strength of federal government; restructuring of Congress; power of executive branch; necessity of bill of rights

10. The Federalist Papers Writing Team • Alexander Hamilton, James Madison, John Jay • Wrote under pen name, Publius—one of founders of Roman Republic • Authored 85 essays total

11. The Federalist Papers Best Commentary • Circulated throughout the states • Classic statement of American political theory • Collectively called the Federalist Papers

12. The Federalist Papers Defended Constitution • Papers 10 and 51 argued Constitution would balance influence of different factions • Others explained how principles of government would limit national authority & preserve liberty

13. The Federalist Papers Rebuttal Essays • Pen names: Cato, Brutus • Antifederalists published own essays • Protecting liberty a chief concern • “Certain unalienable and fundamental rights…ought to be explicitly ascertained and fixed.”

15. Reading Check Making Inferences Why were the Federalist Papers written?

16. Reading Check Making Inferences Why were the Federalist Papers written? Answer(s): to win public support for ratification of the Constitution

17. The Fight for Ratification Because they did not trust government, the Antifederalists wanted the basic rights of the people spelled out in the Constitution. The struggle over the Bill of Rights became a key focus in the fight over ratification. Bill of Rights • First Congress made bill of rights one of government’s first priorities • Ideas for these rights had been voiced in Declaration of Independence, elsewhere • December 1791: 10 amendments, traditionally called the Bill of Rights, ratified • Protected freedom of speech, press, religion, due process, right to fair trial, trial by jury Winning Over the States • Federalists better prepared • Targeted small states • Delaware first to ratify, December 7, 1787 • Ratification harder in larger, more powerful states • Promise of adding bill of rights key to winning many states • Eventually all 13 states ratified