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Ratification of the Constitution

Ratification of the Constitution. Requirements of Ratification. adopted September 17, 1787 9 of 13 states must ratify before it can be law - Convene special state conventions - vote yes or no - no changes can be made until after 9/13 had ratified = law

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Ratification of the Constitution

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  1. Ratification of the Constitution

  2. Requirements of Ratification • adopted September 17, 1787 • 9 of 13 states must ratify before it can be law - Convene special state conventions - vote yes or no - no changes can be made until after 9/13 had ratified = law • March 4, 1789 new government begins operation

  3. Ratification of the Constitution Date StateVotes Yes No 1 December 7, 1787 Delaware 30 0 2 December 12, 1787 Pennsylvania 46 23 3 December 18, 1787 New Jersey 38 0 4 January 2, 1788 Georgia 26 0 5 January 9, 1788 Connecticut 128 40 6 February 6, 1788 Massachusetts 187 168 7 April 28, 1788 Maryland 63 11 8 May 23, 1788 South Carolina 149 73 9 June 21, 1788 New Hampshire 57 47 10 June 25, 1788 Virginia 89 79 11 July 26, 1788 New York 30 27 12 November 21, 1789 North Carolina 194 77 13 May 29, 1790 Rhode Island 34 32

  4. Anti-Federalists • against ratification of the Constitution • prominent members - Patrick Henry, George Mason, Thomas Paine • arguments - It gave too much power to the national govt at the expense of the state govts. - There was no bill of rights. - The national government could maintain an army in peace. - Congress, because of the `necessary and proper clause,‘ wielded too much power. (example taxing) - The executive branch held too much power - power was held by an aristocratic elite!

  5. Federalists • in favor of the Constitution • prominent members - Madison, Hamilton, Washington, Franklin • argued - The separation of powers into three independent branches protected the rights of the people. Each branch represents a different aspect of the people, and because all three branches are equal, no one group can assume control over another. - A listing of rights can be a dangerous thing. If the national government were to protect specific listed rights, what would stop it from violating rights other than the listed ones? Since we can't list all the rights, the Federalists argued that it's better to list none at all.

  6. Federalist Papers • 85 letters - published in newspapers (NY 1st) • under the name "Publius." - James Madison, Alexander Hamilton, John Jay • explained the new Constitution • answered the charges of the Anti-Federalists

  7. Bill of Rights • drafted by James Madison • influenced by - 1776 Virginia Declaration of Rights written by George Mason - English Bill of Rights - natural rights • officially became a part of the Constitution in 1791

  8. Bill of Rights • first ten amendments • outlines the rights of the citizens • The only reason the constitution was ratified was because of a promise of a Bill of Rights! - Massachusetts - Virginia - New York

  9. 1st Amendment Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the government for a redress of grievances • Religion • Assembly • Press • Petition • Speech

  10. 2nd Amendment A well regulated militia, being necessary to the security of a free state, the right of the people to keep and bear arms, shall not be infringed • well regulated militia • keep and bear arms

  11. 3rd Amendment No soldier shall, in time of peace be quartered in any house, without the consent of the owner, nor in time of war, but in a manner to be prescribed by law. • no quartering of soldiers

  12. 4th Amendment The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized. • no illegal search and seizure • must have a search warrant

  13. 5th Amendment No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a grand jury, except in cases arising in the land or naval forces, or in the militia, when in actual service in time of war or public danger; nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation • Rights of the Accused • must be indicted by grand jury • no double jeopardy • protects from self incrimination • eminent domain

  14. 6th Amendment In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the state and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the assistance of counsel for his defense. • speedy trial • impartial jury • informed of charges • call witnesses • cross examine witnesses • lawyer

  15. 7th Amendment In suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved, and no fact tried by a jury, shall be otherwise reexamined in any court of the United States, than according to the rules of the common law. • civil cases over $20 get a jury trial • common law

  16. 8th Amendment Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted. • no excessive bail • no cruel and unusual punishment

  17. 9th Amendment The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people • enumerated rights- we have rights not listed in Constitution

  18. 10th Amendment The powers not delegated to the United States by the Constitution, nor prohibited by it to the states, are reserved to the states respectively, or to the people • powers reserved to states • federalism = share powers between state and national government

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