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With a written Constitution, complaints can now be made.
The AntiFederalists RiseThe Metamorphosis
Arguments:Congress would tax heavilySupreme Court would overrule State
CourtsPresident would command a large,
standing ArmyMontesquieu vs. MadisonThere MUST be a Bill of Rights
“The Federalist”
Brainchildren of James Madison, Alexander Hamilton, and John JayAll writing as “Publius”
Response to “Cato” and “Brutus”George Clinton and others
The FederalistWhy are we writing these?The Danger of Foreign PowersThe Danger of Domestic FactionsHandling the EconomyFailure of the Articles of ConfederationCommon Defense and the MilitiaTaxationWhat happened at the Convention?
The FederalistPowers given by the ConstitutionEffect of the Constitution on the StatesSeparation of PowersHouse of RepresentativesSenateExecutiveJudiciaryAnswering ObjectionsSummation for Ratification
Important Federalist Papers #10 ~ How a large republic prevents control
by special interests. (Madison)
Important Federalist Papers #10 ~ How a large republic prevents control
by special interests. (Madison)#14 ~ Why the US is suited for a
constitutional republic. (Madison)
Important Federalist Papers #10 ~ How a large republic prevents control
by special interests. (Madison)#14 ~ Why the US is suited for a
constitutional republic. (Madison)#23 ~ Why we need an “energetic”
government. (Hamilton)
Important Federalist Papers #10 ~ How a large republic prevents control
by special interests. (Madison)#14 ~ Why the US is suited for a
constitutional republic. (Madison)#23 ~ Why we need an “energetic”
government. (Hamilton)#39 ~ Federalism explained. (Madison)
Important Federalist Papers #10 ~ How a large republic prevents control
by special interests. (Madison)#14 ~ Why the US is suited for a
constitutional republic. (Madison)#23 ~ Why we need an “energetic”
government. (Hamilton)#39 ~ Federalism explained. (Madison)#51 ~ Checks and Balances. (Madison)
Important Federalist Papers #10 ~ How a large republic prevents control
by special interests. (Madison)#14 ~ Why the US is suited for a
constitutional republic. (Madison)#23 ~ Why we need an “energetic”
government. (Hamilton)#39 ~ Federalism explained. (Madison)#51 ~ Checks and Balances. (Madison)#70 ~ The case for a strong President.
(Hamilton)
Important Federalist Papers #10 ~ How a large republic prevents control
by special interests. (Madison)#14 ~ Why the US is suited for a
constitutional republic. (Madison)#23 ~ Why we need an “energetic”
government. (Hamilton)#39 ~ Federalism explained. (Madison)#51 ~ Checks and Balances. (Madison)#70 ~ The case for a strong President.
(Hamilton)#78 ~ The use of Judicial Review. (Hamilton)
Important Federalist Papers #10 ~ How a large republic prevents control by
special interests. (Madison)#14 ~ Why the US is suited for a constitutional
republic. (Madison)#23 ~ Why we need an “energetic” government.
(Hamilton)#39 ~ Federalism explained. (Madison)#51 ~ Checks and Balances. (Madison)#70 ~ The case for a strong President. (Hamilton)#78 ~ The use of Judicial Review. (Hamilton)#84 ~ Why we don’t need a Bill of Rights. (Hamilton)
The Big DebatesFEDERALISM
Sharing of powers between State and National GovernmentsThe original disagreementThe Civil WarThe Voting Rights ActDefense of Marriage Act
The Big DebatesJUDICIAL REVIEW
Did the Framers intend it?John Marshall (F) vs. Thomas Jefferson (D-R)Marbury v. MadisonMcCulloch v. Maryland
The Big DebatesSLAVERY
No mention in the ConstitutionHypocritical? (“All men are created equal.”)Economic?Just Practical?
3/5ths CompromiseEffect?
No import prohibitions until 1808Escaped slaves must be returned
(property)
The Big Debates“The Framers chose to sidestep the issue in
order to create a union that, they hoped, would eventually be strong enough to deal with the problem when it could no longer be postponed.” (p. 39)
What effects did this choice have on long-term U.S. history?
Was this a cowardly choice?
The Big DebatesFRAMERS saw a logical difference in the talents
of men.The “worst” inequality was special political
privilegeBalance and Federal weakness were desirable
TODAY we see liberty and equality in conflictEconomic difference is the worst inequality.Federal Govt. must be strong to restrain this.
The Big DebatesHOW WILL WE AMEND THIS
CONSTITUTION?Proposing an Amendment:
2/3 of both Houses2/3 of State Legislatures
Ratifying an Amendment:¾ of State Legislatures Approve¾ of State Conventions Approve
Usually 7 Years ~ P2 Never ~ R2 only the 21st
Other ControversiesArticle I, Section 8, Final Provision:
Other ControversiesArticle I, Section 8, Final Provision:Congress has the power “To make all Laws which shall be necessary and proper for carrying into Execution the foregoing Powers…”
Other ControversiesArticle I, Section 8, Final Provision:
Congress has the power “To make all Laws which shall be necessary and proper for carrying into Execution the foregoing Powers…”
The so-called “Elastic Clause”.So much for Enumeration!
Other ControversiesThe Nullification Controversy
Madison and Jefferson claim that States can declare acts of Congress “unconstitutional”
Original case about Free Speech not heard
John C Calhoun uses it in reference to Slavery
Settled by the Civil War and subsequent Supreme Court cases
Other ControversiesFederal – State Relations
All protected equally.Will not be broken up.New states may be admitted.Taxes will be uniform.Senate will ALWAYS be 2 per State.
Other ControversiesState – State Relations
“Full faith and credit”Citizens have “privileges and immunities”
Extradition
Other Controversies
State Options for Direct DemocracyInitiativeReferendumRecall
Other ControversiesArticle I, Section 8
Congress has the power “To regulate Commerce… …among the several States…”
Continuing QuestionsIncorporationDevolutionSocial Diversity
The pièce de résistanceBILL OF RIGHTS
Madison wrote it, based on the VA Declaration of Rights he and George Mason had written in 1776.
It was designed to LIMIT the Federal Government’s powers.
