Liberty v. Order

Federalist/Anti-Federalist Arguments

Federalists and ORDER

• A well-structured Constitution can protect liberty/ security of individuals from tyranny and majorities

• A well-structured Constitution means limited gov’t. and protection of individual liberties

Federalists and ORDER (cont.)• The Constitution offers remedies to

weaknesses in government:– Enables fed gov’t. to deal directly w/people instead

of only through the states– Collect taxes/raise military– Federal judiciary to interpret laws– Powerful exec. to enforce laws/protect national

interests– Power of purse given to Congress (elected by the

people)– Federal system (shared power)

Anti-Federalist and LIBERTY• Republican gov’t. only form of gov’t. suited to

US (requires active support of people), gov’t. under Constitution is too distant from the people

• Small republic is preferable b/c it is more accountable to the people

• Should be no checks and balances b/c it blends branches

• Executive is too powerful (can serve too many terms, has power over judiciary)

• w/o a Bill of Rights, the federal gov’t is strong enough to threaten the liberty of the people

The Bill of Rights

An Answer for the AntiFederalists

Amendment 1

• Protection of Free Expression– Freedom of speech– Press– Assembly– Freedom to petition the gov’t.

• Protection of Personal Beliefs– No gov’t establishment of religion– Freedom to exercise religion

Amendment 2• Protection of right to bear arms

Amendment 3• Protection of privacy

– No forced quartering of troops in homes during peacetime

Amendment 4• Protection of privacy

– No unreasonable searches and seizures

Amendment 5

• Protection of Defendant’s Rights– Grand-jury indictment required for prosecution

of serious crime– No second prosecution for same offense– No compulsion to testify against oneself– No loss of life, liberty, or property w/o due

process of law• Protection of other Rights

– No taking of private property for public use w/o just compensation

Amendment 6

• Protection of Defendant’s Rights– Right to speedy and public trial by a local,

impartial jury– Right to be informed of the charges against

oneself– Right to legal counsel– Right to compel the attendance of favorable

witnesses– Right to cross-examine witnesses

Amendment 7

• Protection of Defendant’s Rights– Right to a jury trial in civil suit where the value

of controversy exceeds $20

Amendment 8• Protection of Defendant’s Rights

– No excessive bail or fines– No cruel and unusual punishments

Amendment 9• Unlisted rights are not necessarily denied

Amendment 10• Powers not delegated to the national

government or denied to the states are reserved for the states or the people.

Amending the ConstitutionFormally (Article V)• Proposal Methods

- 2/3 vote in House & Senate- national convention @ request of 2/3 state legislatures (never used)

• Ratification Method- by legislature in 3/4 states- by convention in ¾ of states

Amending the ConstitutionInformal Methods• Judicial Interpretation – judicial review• Legislation – eg: federal court structure• Executive Action – eg: war powers• Social & Cultural Change

- Cabinet- technology advances (DNA test, cell phone

tap, etc.)

- discrimination/racial & gender equity