Ratifying the Constitution Notes Federalists and Anti-Federalists

1. Ratifying the Constitution Notes Federalists and Anti-Federalists

2. America’s 1st Constitution • In 1776 after the United States declared independence from Britain, the Founding Fathers wrote the Articles of Confederation. • The Articles of Confederation were the first constitution for the new nation and served as a plan or blue print to set up their government. • They intentionally designed a very weak government so their rights could not be violated as they had under Great Britain

3. Problems with the Articles of Confederation • There was only one branch of government. A group called Congress to make laws. • Congress could not enforce the laws or charge taxes. • Shays’ Rebellion showed that government needed to change to protect the people

4. In 1787 the leaders of 12 of the 13 states called a meeting in Philadelphia (which was the national capital) to revise the Articles of Confederation They quickly realized that a better solution would be to write a new constitution. There are several topics they must discuss including government power, individual rights, elections, taxes, and slavery. In general most people wanted a stronger better organized government with a President to enforce laws but they disagreed on how to make it happen. Constitutional Convention

5. Virginia Plan • James Madison, a delegate from Virginia, created the Virginia Plan • His plan included • Three branches of government instead of just one under the Articles of Confederation • A bicameral (2 house) legislature • Each state would send representatives to the legislature. The number they would be allowed to send depended on the population living in their state • This idea is called “proportional representation” • States with large populations like Pennsylvania and New York liked this plan because they would be given more power

6. New Jersey Plan • Smaller states disliked the Virginia Plan because it gave them less representation in Congress (and less of a say in their government) • William Patterson of New Jersey proposed the New Jersey Plan • Like the Virginia Plan it called for three branches of government • It differed however on representation • Congress would be unicameral (only 1 house) and each state would receive two representatives • It made small states equal to states with larger populations.

7. Roger Sherman of Connecticut drafted the Great Compromise Like both the Virginia and New Jersey Plans the Connecticut Plan called for three branches of government Like the Virginia Plan it called for a bicameral legislature The lower house, House of Representatives, would have the number of representatives based on states’ population The upper house, the Senate, would give each states two votes Great/Connecticut Compromise

8. Ratification (approval) Process • Before the new United States Constitution could be used it had to be sent to the states so they could agree on the changes being made to the government. • Nine of the original thirteen states had to agree to the Constitution for it to take effect. • Many people disagreed on what to do about the new Constitution. Two groups quickly developed; the Federalists supported the Constitution and want it to be ratified while the Anti-Federalists disliked the Constitution and did not support its approval.

9. Federalists • James Madison, Alexander Hamilton, and John Jay were all Federalists • They believed in a strong central government • They published their ideas in essays called The Federalist Papers to convince people to ratify the Constitution • They did not think a Bill of Rights was necessary • The Constitution already included rights • People could simply electa different leader if they were unhappy with the President • Listing specific rights could exclude new rights later on

10. Anti-Federalists • Anti-Federalists opposed the Constitution because they felt it gave the national government too much power and took too much power from the states • They believed in states’ rights and believed the government should be close to the people • Thought people should directly elect all government officials • Anti-Federalists were very concerned the Constitution did not include a Bill of Rights • They thought if specific rights were not listed the government would violate them • The Anti-Federalists included Patrick Henry and Thomas Jefferson. • They wrote the Anti-Federalist Papers to spread their ideas.

11. Power to rule should stay close to the people so it can best respond to their needs and prevent corruption

12. The Bill of Rights is unnecessary because many rights are already included in the Constitution

13. Government will be free to violate any rights that are not written down and a Bill of Rights is necessary to protect individual freedoms.

14. Had a strict interpretation of the Constitution, powers and actions not included should not be allowed.

15. Wrote the Federalist Papers to promote their ideas.

16. Questioned ratifying the Constitution because they had concerns about a strong government that could take power away from the people.

17. The “Elastic Clause” will ensure that Congress has the proper powers it needs to carry out laws that it makes.

18. The necessary and proper clause implies that government has unlimited power. This idea is unacceptable

19. Held ratifying conventions to encourage people in their states to approve the Constitution.

20. Supported a strong national government that could make decisions for the whole nation when necessary.

21. Had a loose interpretation of the Constitution in which powers and actions not included would be allowed.

22. Wrote the Anti-Federalists papers to respond to the Federalists papers and spread their ideas.

23. Final Decision • Ultimately the government created under the new US Constitution… • Is a strong national government • There are 3 branches of government • The Elastic Clause allows Congress to stretch its power to make any law “necessary and proper” to carry out the laws they make • Protects the rights of citizens • The first 10 amendments (changes) are added to protect individual rights • The 10th amendment says that any powers not given to Congress belong to the states • Balances power between the states • Congress will be bicameral. The House of Representatives will base representation on population and the Senate will have equal representation for each state.