Federalists vs. Anti Federalists DEBATE OVER CONSTITUTION! But Why?
FEDERALISTS • Favored ratification of Constitution • Favored Powerful federal (national government) • Didn’t believe Bill of Rights was necessary because federal power was necessary. • “The Federalist Papers” – Written by James Madison, Alexander Hamilton, and John Jay. Addressed fears of many that they government would be too powerful. Said powers were limited and divided between 3 branches.
ANTI FEDERALISTS • Opposed ratification of Constitution • Wanted a weak federal government that would not threaten states rights. • Wanted a Bill of Rights to declare and protect the rights of the people.
How was the debate resolved? - Ratification • Federalists promised addition of Bill of Rights • Ratification (passing) of Constitution took 9 of 13 state votes. • Ratification succeeded, 1789 • James Madison drafts 10 amendments Constitution, Bill of Rights
Bill of Rights • To help get support for the Constitution, rights of the people were added • Anti-Federalists worried that the Constitution did not list states/citizen rights. • Federalists said “Ratify now, amend later.” • They guaranteed to add amendments that listed citizen rights as soon as the constitution was passed. • Bill of Rights protects Americans from abuses of government power. • 10 Amendments (changes) made in 1791
Thomas Jefferson’s Idea • Jefferson helped pass a law in Virginia called the “Statute for Religious Freedom” • Law said government could not support or restrict people’s religions • Jefferson: “a wall of separation between church and state” • Why would this matter to the American people? • Became 1st Amendment in Bill of Rights: “Congress shall make no law respecting an establishment of religion.”
Federalism • The national government controls the whole country • The states have a right to control themselves too • National government can’t make states do certain things
Enumerated (Federal) Powers • Declare war • Maintain armed forces • Regulate interstate and foreign trade • Admit new states • Establish Post Offices • Set standard weights and measures • Coin money • Establish Foreign Policy • Make all laws necessary and proper for carrying out powers (Elastic Clause).
Reserved (State) Powers • Establish and Maintain Schools • Establish local governments • Set corporate laws • Regulate business within the state • Make Marriage laws • Provide for public safety • Assume other powers not given to the federal government nor prohibited to the states.
Shared Powers • Maintain Law and Order • Levy Taxes • Borrow Money • Charter Banks • Establish Courts • Provide for public welfare
Popular Sovereignty • Constitution is a social contract with the people to create a government • “We the people” begins the Constitution and 6 goals for the government are stated
Separation of Powers • The Constitution created a separation of powers. • Spread out government power between 3 branches. • Created to make sure government did not become too powerful (like a monarchy).
Legislative Branch • Congress would be representatives from the states • Legislative Branch would MAKE the laws
Executive Branch • A president would help rule the country • Executive Branch would ENFORCE the laws
Judicial Branch • A special group of judges would be given power • Judicial Branch would JUDGE the laws
Checks and Balances • The national government is split into branches • Each branch can check and balance the power of the other branches
Checks and Balances: Legislative • Can change the Constitution • Can impeach (remove) Supreme Court justices • Can pass laws without president’s approval • Can impeach (remove) the president
Checks and Balances: Executive • Can veto (refuse to approve) laws • Can pick Supreme Court justices
Checks and Balances: Judicial • Can declare laws unconstitutional • Can declare actions of the president unconstitutional
Was it Enough?: Citizen’s Rights • People wanted the rights of citizens protected in the Constitution • Many states already had laws protecting rights • What was created to protect the people?