Unit II: Founding the Constitution The Debate Over Ratification

1. Unit II: Founding the Constitution The Debate Over Ratification

2. I. Anti-Federalists

3. A. Mistrust of Gov’t • Republicanism: the idea that in a republic the greatest power should be placed in the legislature composed of representatives elected by the people • works best only in a small community of citizens w/ similar interests & beliefs • people living in agrarian communities would be more likely to possess civic virtue… more willing to set aside their own interests when necessary and work for the common good

4. A. Mistrust of Gov’t • Believed that the Federalists were proposing a government that was the opposite of this… one that would be large, powerful, including numerous diverse communities, and a far-away capital • such a system would inevitably pose a threat to the rights of the people.

5. B. Three Basic Questions • Would the new Constitution maintain a republican form of government? • Would the federal gov’t have too much power? • Was a bill of rights needed in the Constitution?

6. C. Criticisms of the Constitution • it should have been developed in meetings whose proceedings were open to the public • it would undermine a republican form of government • it gave too much power to the national government at the expense of the powers of the state governments • it gave too much power to the executive branch at the expense of the other branches • the “necessary and proper clause” gave too much power to Congress • it allowed the national government to keep an army during peacetime • it did not include a bill of rights • they thought that the Constitution had been developed by an elite and privileged group to • create a national government for the purpose of serving its own selfish interests

7. D. A Bill of Rights • Argument: the federal gov’t is too far removed from average citizens to care about their concerns. The way the gov’t is organized does not adequately protect rights. Only the House of Representatives is chosen directly by the people. The federal gov’t power could be used to violate citizens’ rights. • -federal gov’ts powers are so general and vague… can be interpreted as unlimited power… “necessary and proper” to promote the “general welfare” • there is nothing in the Constitution to stop the federal gov’t from violating rights • not mentioned in it • a bill of rights is necessary to remind the people of the principles of our political system

8. II. Federalists

9. A. Special Ratifying Conventions • Federalist fears that state gov’ts would vote against ratification because they stood to lose power • places emphasis on the social contract… the people were to be governed giving consent • to the government • Constitution would go into effect with the ratification of 9/13 of the states

10. B. Struggle for Ratification • Lasted 10 months • NY particularly difficult • Hamilton, Jay, Madison… The Federalist [Papers] • Focused on using basic ideas about gov’t

11. B. Struggle for Ratification • Arguments • The civic virtue of the people cannot be relied on alone to protect basic rights • The way the gov’t is organized will protect basic rights (elected representation, separation of powers, & checks and balances) • The representation of different interests in the gov’t will protect basic rights • legislative branch: House = local interests; Senate = state interests • executive branch: President = national interests • Judicial branch: Supreme Court = fundamental interests

12. C. Should there be a Bill of Rights? • the Constitution already protects a number of specific rights • habeas corpus, ex post facto laws, violations of contracts, trial by jury… • the people can remove their elected officials • since it is impossible to list all rights, it is better to have no list at all

13. D. Ratification • by June 1788, 9 states had voted to ratify… but NY and VA had not • Federalists agree to include a Bill of Rights once the first Congress met