Ratifying the Constitution. Ratifying Process 9 of thirteen states need to ratify (agree) –Ratified at state conventions, not legislatures –State legs

Ratifying the Constitution

Ratifying Process

• 9 of thirteen states need to ratify (agree)– Ratified at state conventions, not legislatures– State legs. Might fear losing power, and vote no.

• New Hampshire is 9th State to ratify

• NY and VA don’t agree immediately– Big, populated states– Const. would probably fail w/out them

• 1789: Constitution goes into effect– NC (1788) & RI (1790) are last to ratify after disagreeing at

first.

Federalists (favor Const.)

• Favor a strong national government.

• Argue checks and balances prevent one branch from too much power

• Strong Gov needed to:– Facilitate interstate and foreign trade– National defense– Foreign relations (war, treaties)

• Bill of Rights not needed:– Const. protected rights (people govern selves)– Most states already had basic bill of rights

Anti-Federalists (oppose Const.)

• In favor of strong state governments.

• Believe national gov would take power from states.

• National Bill of Rights is necessary.– Forced Federalists to agree this would be

Congress’ first task.

Federalist Papers• Written to win approval on Const. in NY

– Authors: J. Madison, A. Hamilton, & John Jay

• Recognized as the most sophisticated explanation of American political system.– #’s 10. & 84 are the most important/famous

• Argued:– A republic could survive in a territory as big as

the USA because political factions (group) would check each others power.

– National gov more important than states, but only in areas where Const. gives it power.

Why the Federalists Won1. Widespread opinion that Articles of Confederation are

bad. (Shay’s Rebellion)

2. Federalist had a plan (Const.)- Anti-Federalists had no plan.

3. Federalists had a national network to talk.- Anti-Feds were scattered state & local politicians

4. George Washington is a Federalist - He chaired the Const. Convention

- Wasn’t power hungry- Everyone knew him, and knew he’d be 1st President.

5. Federalist Papers

Virginia’s Influence

• Virginia Declaration of Rights– By George Mason– Reiterated the notion that basic rights should not be violated by

governments.

• Virginia Statute (Law) for Religious Freedom– By Thomas Jefferson– Outlawed the established church – that is, the practice of

government support for one favorite church.

• Bill of Rights– James Madison– Consulted the above items when he drafted the Bill of Rights.

Bill of Rights

• First Ten Amendments to the Constitution– FYI: the 27th Amendment too!

• Took effect in 1791.

• Protect certain basic rights of all citizens– Which means any white male who is old enough

(and who usually has land).

11stst Amendment Amendment

• Congress shall make no law respecting Congress shall make no law respecting an establishment of religion, or an establishment of religion, or prohibiting the free exercise thereof; or prohibiting the free exercise thereof; or abridging the freedom of speech, or of abridging the freedom of speech, or of the press; or the right of the people the press; or the right of the people peaceably to assemble, and to petition peaceably to assemble, and to petition the government for a redress of the government for a redress of grievance.grievance.

22ndnd Amendment 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.

33rdrd Amendment Amendment

• No soldier shall, in time of No soldier shall, in time of peace be quartered in any peace be quartered in any house, without the consent of house, without the consent of the owner, nor in time of war, the owner, nor in time of war, but in a manner to be but in a manner to be prescribed by lawprescribed by law.

44thth Amendment Amendment

• The right of the people to be secure in The right of the people to be secure in their persons, houses, papers, and their persons, houses, papers, and effects, against unreasonable searches effects, against unreasonable searches and seizures, shall not be violated, and and seizures, shall not be violated, and no warrants shall issue, but upon no warrants shall issue, but upon probable cause, supported by oath or probable cause, supported by oath or affirmation, and particularly describing affirmation, and particularly describing the place to be searched, and the the place to be searched, and the persons or things to be seized.persons or things to be seized.

55thth Amendment Amendment• No person shall be held to answer for a No person shall be held to answer for a

capital, or otherwise infamous crime, unless capital, or otherwise infamous crime, unless on a presentment or indictment of a grand on a presentment or indictment of a grand jury, except in cases arising in the land or jury, except in cases arising in the land or naval forces, or in the militia, when in actual naval forces, or in the militia, when in actual service in time of war or public danger; nor service in time of war or public danger; nor shall any person be subject for the same shall any person be subject for the same offense to be twice put in jeopardy of life or offense to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal limb; nor shall be compelled in any criminal case to be a witness against himself, nor be case to be a witness against himself, nor be deprived of life, liberty, or property, without deprived of life, liberty, or property, without due process of law; nor shall private due process of law; nor shall private property be taken for public use, without just property be taken for public use, without just compensation.compensation.

66thth Amendment Amendment• In all criminal prosecutions, the In all criminal prosecutions, the

accused shall enjoy the right to a accused shall enjoy the right to a speedy and public trial, by an impartial speedy and public trial, by an impartial jury of the state and district wherein the jury of the state and district wherein the crime shall have been committed, crime shall have been committed, which district shall have been which district shall have been previously ascertained by law, and to previously ascertained by law, and to be informed of the nature and cause of be informed of the nature and cause of the accusation; to be confronted with the accusation; to be confronted with the witnesses against him; to have the witnesses against him; to have compulsory process for obtaining compulsory process for obtaining witnesses in his favor, and to have the witnesses in his favor, and to have the assistance of counsel for his defense. assistance of counsel for his defense.


• In suits at common law, where the In suits at common law, where the value in controversy shall exceed value in controversy shall exceed twenty dollars, the right of trial by twenty dollars, the right of trial by jury shall be preserved, and no fact jury shall be preserved, and no fact tried by a jury, shall be otherwise tried by a jury, shall be otherwise reexamined in any court of the reexamined in any court of the United States, than according to United States, than according to the rules of the common law.the rules of the common law.


• Excessive bail shall not be Excessive bail shall not be required, nor excessive fines required, nor excessive fines imposed, nor cruel and unusual imposed, nor cruel and unusual punishments inflicted.punishments inflicted.

9th Amendment

• The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.


• The powers not delegated to The powers not delegated to the United States by the the United States by the Constitution, nor prohibited by Constitution, nor prohibited by it to the states, are reserved to it to the states, are reserved to the states respectively, or to the states respectively, or to the people.the people.

1st

2nd

3rd

4th

5th

6th

7th

8th

9th

10th

1st Freedom of speech, press, assembly, petition, and redress.

2nd

3rd

4th

5th

6th

7th

8th

9th

10th


2nd Right to bear arms (weapons)

3rd

4th

5th

6th

7th

8th

9th

10th



3rd Restricts how federal government can house soldiers in citizens’ homes.

4th

5th

6th

7th

8th

9th

10th




4th Protects individuals against unreasonable searches and seizures.

5th

6th

7th

8th

9th

10th





5th Grand jury required; no self-incrimination; no double jeopardy; no taking of private property with compensation.

6th

7th

8th

9th

10th






6th Right to a fair and swift trial.

7th

8th

9th

10th







7th Right to a jury trial in civil cases in federal courts.

8th

9th

10th








8th Protects against cruel & unusual punishment and excessive bail.

9th

10th









9th Establishes people have rights beyond those stated in the Constitution.

10th









9th Establishes people have rights beyond those stated in the Constitution.

10th All powers not given to feds or denied to the states are held by each state, or the people.

# of states needing to ratify to make Const law.

Group that opposed the Constitution.

Group that supported the Constitution.

Favored national gov.

Favored state govs.

Wanted Bill of Rights

Did not want Bill of Rights


Nine




Favored state govs.




Nine


Anti-Federalists



Favored state govs.




Nine


Anti-Federalists


Federalists


Favored state govs.




Nine


Anti-Federalists


Federalists

Favored national gov. Federalists

Favored state govs.




Nine


Anti-Federalists


Federalists


Favored state govs. Anti-Federalists




Nine


Anti-Federalists


Federalists



Wanted Bill of Rights Anti-Federalists



Nine


Anti-Federalists


Federalists



Wanted Bill of Rights Anti-Federalists


Federalists

Authored the Federalist Papers

Most Important Federalist

VA law that protected basic human rights

VA law that forbid gov. support of one religion

He drafted the Bill of Rights

1st Ten Amendments to the Constitution.

2nd Amendment Right


Madison, Madison,

Hamilton, & JayHamilton, & Jay

Most Important Federalist





2nd Amendment Right


Madison, Madison,


Most Important Federalist George WashingtonGeorge Washington





2nd Amendment Right


Madison, Madison,




VA Declaration of VA Declaration of RightsRights




2nd Amendment Right


Madison, Madison,






VA Statue for VA Statue for Religious FreedomReligious Freedom



2nd Amendment Right


Madison, Madison,








James MadisonJames Madison


2nd Amendment Right


Madison, Madison,










Bill of RightsBill of Rights

2nd Amendment Right


Madison, Madison,










Bill of RightsBill of Rights

2nd Amendment Right Right to bear armsRight to bear arms

Documents

Ratifying the Constitution. Ratifying Process 9 of thirteen states need to ratify (agree) –Ratified at state conventions, not legislatures –State legs