the federalist papers - constitutional rights foundation papers.pdf · this lesson explores the...

This lesson explores the Federalist Papers. First, studentsengage in a discussion about how they get information oncurrent issues. Next, they read a short history of theFederalist Papers and engage in a discussion about it.Then, working in small groups, students research aFederalist or Anti-Federalist and role play this person in aclassroom debate on issues that surrounded the adoptionof the Constitution.

Optional writing activity: Students write on why theywould have been a Federalist or Anti-Federalist.

OVERVIEW

LESSON TWO: THE FEDERALIST PAPERS

Students will be able to:

• Identify the Articles ofConfederation andexplain why it failed.

• Explain the argument overthe need for a bill of rightsin the Constitution andJames Madison’s role insecuring its adoption bythe first Congress.

• Describe the political phi-losophy underpinning theConstitution as specifiedin the Federalist Papers.

• Discuss the ideas of theleading Federalists andAnti-Federalists on severalissues in a classroomdebate.

OBJECTIVES

PREPARATION

Handout 2A: The FederalistPapers—1 per student

Handout 2B: ShortBiographies—1 per student

Handout 2C: Federalist vs.Anti-Federalist—1 per stu-dent

You might arrange time forstudents to do research in thelibrary or in the computer lab(if you have Internet connec-tions).

National U.S. History Standard 8: Understands theinstitutions and practices of government created dur-ing the Revolution and how these elements wererevised between 1787 and 1815 to create the founda-tion of the American political system based on theU.S. Constitution and the Bill of Rights. Level III(Grade 7–8) (1) Understands events that led to andshaped the Constitutional Convention (e.g., alternativeplans and major compromises considered by dele-gates, the grievances of the debtor class and the fearsof wealthy creditors involved in Shay’s Rebellion, theaccomplishments and failures of the Articles ofConfederation). (2) Understands arguments over thenecessity of a Bill of Rights (e.g., Anti-Federalist argu-ments for its inclusion in the Constitution) andMadison’s role in securing its adoption by the FirstCongress.

California History–Social Science Standard 8.2:Students analyze the political principles underlyingthe U.S. Constitution and compare the enumeratedand implied powers of the federal government.(4) Describe the political philosophy underpinning theConstitution as specified in the Federalist Papers(authored by James Madison, Alexander Hamilton, andJohn Jay) and the role of such leaders as Madison,George Washington, Roger Sherman, GouverneurMorris, and James Wilson in the writing and ratifica-tion of the Constitution.

STANDARDS ADDRESSED

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Vocabulary amendment Articles of Confederation

Constitution delegates

Federalist Papers government

independence Philadelphia

Revolutionary War separation of powers

ProcedureA. Focus Discussion

To help students understand that public issues are still debated in the media (as theywere back when the Federalist was written), engage students in a brief discussion abouthow they get information on political issues. Questions to raise:

• What are some of the most hotly debated political issues today?

Q&L: Students should mention current issues.

• How can you find out about these issues?

Q&L: From school, parents, friends, and the media—television, radio, newspapers,magazines, the Internet.

• What do you think is the best way to stay informed on issues? Why?

Q&L: Accept any reasoned response.

B. Reading and Discussion—The Federalist Papers

1. Link the focus activity to the Federalist Papers by explaining that even our Constitutionwas once an object of intense political debate. Give students the following background:

During the Revolutionary War, the colonists had to set up a new government. Thefirst government was set up under the Articles of Confederation. This document cre-ated a weak government. This was what Americans wanted because of their experi-ences with the British government. They wanted a government that would not takeaway their freedom. But the government under the Articles of Confederation was tooweak. So delegates met in Philadelphia at the Constitutional Convention. They wrotea new Constitution that created a stronger government. People at the time debatedwhether the Constitution should be adopted. Much of this debate took place in thenewspapers. Two delegates from the Continental Convention, Alexander Hamiltonand James Madison, and diplomat John Jay wrote articles in New York newspapersfavoring the Constitution. These articles were later published in book form and calledthe Federalist Papers.

2. Tell students that they are going to read about the Federalist Papers. As they read, theyneed to look for:

• Why historians and other people today think the Federalist Papers is so important.

• Two key ideas about our Constitution and government that the Federalist Papersexplains.

3. Distribute Handout 2A: The Federalist Papers to each student and explain that after theyread, they will have a conversation about the key ideas in the Federalist Papers and whythe Federalist Papers is considered so important.


4. Engage students in a discussion based on the reading to determine if they understand thekey ideas expressed the Federalist Papers and why it is considered so important.Questions to raise:

• What was the Articles of Confederation? Why did it fail?

Q&L: The Articles of Confederation was a document that set up the first government ofthe United States. This government was too weak. It did not have power to collecttaxes, regulate trade, or even draft soldiers into an army.

• Look at the chart titled “Comparison of the Articles of Confederation andConstitution” on page 4 of the handout. What are the main differences between theArticles of Confederation and Constitution?

Q&L: Give students a chance to read the chart before they answer. There are many dif-ferences, e.g., Congress was the only branch of government under the Articles vs.three branches under the Constitution. Have students point out all the differencesand focus on how little power the government had under the Articles. Becausethis government had so little power, people did not demand a bill of rights underit, but they did for the Constitution.

• What was the Federalist Papers?

Q&L: The Federalist Papers was a series of articles written in New York newspapers insupport of the proposed Constitution. The articles were written by JamesMadison, Alexander Hamilton, and John Jay.

• What were the three main ideas expressed in it about how the Constitution set up astrong government that preserved freedom?

Q&L: The Constitution created a strong national government, yet one that preservedfreedom. It did this in three main ways:

(1) It set up a federal form of government, which listed the powers of thenational government and reserved all other powers to the states.

(2) It separated the powers of the national government by dividing it into threebranches, each with a separate function. The legislature makes the laws, theexecutive enforces them, and the judicial branch interprets them.

(3) It set up a republican form of government, a representative governmentaccountable to the people.

• Why do people today think the Federalist Papers is important?

Q&L: The Federalist is important for two reasons:

(1) Its publication helped the U.S. Constitution get adopted.

(2) It gives the best explanation of what the drafters were thinking when theywrote the Constitution.

• Hamilton said that judges need an “independent spirit.” What did he mean? Do youagree? Explain.

Q&L: Hamilton meant that judges should be free from politics so that they can inter-pret the law and judge cases on their own merits. Accept any reasoned response tothe opinion question.


• Why did the Federalists oppose a bill of rights? Do you agree? Explain.

Q&L: The Federalists believed that they had created a limited government that wouldnot infringe on anyone’s rights. Therefore they believed a bill of rights was unnec-essary. Accept any reasoned response to the opinion question.

• How did the Bill of Rights get added to the Constitution?

Q&L: Some states agreed to ratify the Constitution only if a bill of rights were added toit. Madison made sure this promise was kept. He was a member of the firstCongress, and he drew up proposed amendments to the Constitution. Ten of theseamendments were passed by Congress and ratified by the states. They are knownas the Bill of Rights.

• Why did the Anti-Federalists oppose the Constitution? What do you think was theirstrongest point? Why?

Q&L: The Anti-Federalists thought that the Constitution created a government thatwas too strong and would infringe on people’s freedom. Accept any reasonedresponse to the opinion question.

C. Small-Group Activity—Federalist vs. Anti-Federalist

1. Explain that students are going to get a chance to role play the discussions and debatesover the Constitution between the Federalists and Anti-Federalists.

2. Divide the class into six groups. Distribute Handout 2B: Short Biographies to eachstudent. Assign each group one of the following Federalists or Anti-Federalists: JamesMadison, Alexander Hamilton, John Jay, George Mason, Patrick Henry, or RichardHenry Lee.

3. Distribute Handout 2C: Federalist vs. Anti-Federalist to each student. Review the instruc-tions on the handout. Give students time to absorb the material and prepare for thedebate. If you have chosen to allow them to do further research, give them time toresearch their assigned person. (You should also decide whether students should be givencredit for—or be allowed to—wear costumes at the debate.)

4. When the day for the debate arrives, be sure to have students introduce their characters.You have several options for the debate:

a. Divide them into six groups, pose the questions to the class, and allow any memberfrom the group to speak for the group.

b. Call up one person from each group to form a panel to discuss one of the questionsin front of the class.

c. Form new groups, each with one of the Federalists and Anti-Federalists. Pose thequestions to the groups and have students discuss them in their small groups.

D. Debriefing

1. Engage the whole class in a discussion about the role play. Questions to raise:

• What was the best argument you heard someone make?

• Based on the arguments you heard today, would you have favored or opposed theConstitution? Why?


2. Engage the class in a discussion reviewing the lesson. Questions to raise:

• What were the arguments over adding a bill of rights to the Constitution?

Q&L: The Constitution did not include a bill of rights. The Anti-Federalists demandeda bill of rights to protect the newly won rights of Americans. The Federalists saida bill of rights was not necessary because the new government had limited powerand did not have the power to violate anyone’s rights.

• How did a bill of rights get added to the Constitution?

Q&L: Two states, Virginia and New York, refused to ratify the Constitution until theywere promised that a bill of rights would be added to it. In the first Congress,James Madison saw to it that this promise was kept. He wrote proposed amend-ments and pushed them through Congress. Ten amendments were ratified by thestates and they are known as the Bill of Rights.

• As explained in the Federalist Papers, what are the three main ways that theConstitution set up a strong government that preserved freedom?

Q&L: The three main ways are:

(1) It set up a federal form of government. It listed the powers of the nationalgovernment and reserved all other powers to the states. This put a check onthe power of the national government.

(2) It also checked the power of the national government by separating its pow-ers. It divided the government into three branches, each with a separatefunction. The legislature makes the laws, the executive enforces them, andthe judicial branch interprets them.

(3) It set up a republican form of government, a representative governmentaccountable to the people.

Optional Writing ActivityAsk students to do a quick-write using this prompt: In 1787, I would have been a Federalist(or Anti-Federalist) because . . .

Ask students to give at least three reasons.


Handout 2A, Page 1

The Federalist Papers

© 2003 Constitutional Rights Foundation

If men were angels, no governmentwould be necessary.

—James Madison

During the Revolutionary War,Americans set up a new nationalgovernment. They feared a strongcentral government. They worriedthat it too might crush their rightsas had the British government. Theywanted something new. They drewup a plan of government called theArticles of Confederation. Each stateapproved it.

This document created a nationalgovernment that had little power.The government could not raisetaxes. It could not control tradeamong the states. It could not evendraft soldiers into an army. Eachstate was only loosely bound to theothers.

When the war ended in 1783, itseemed that the United States mightbreak into 13 separate countries.The United States was in debt. Tradeamong the states was difficult.

By 1787, something had to be done.Delegates from the 13 states met inPhiladelphia. Many wanted a newnational government. It had to bestrong enough to hold together thenew nation, but it could not be toostrong. It must not take away theirfreedom.

Over the summer, they wrote a newplan for government: the Constitution.The delegates signed the Constitution

on September 17, 1787. TheConstitution would be the “law of theland,” but first it had to be approved bynine of the 13 states. The signers knewthat approval would not be easy. Manypeople opposed it. People in everystate talked about one question:Should they accept the newConstitution?

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Handout 2A, Page 2© 2003 Constitutional Rights Foundation

The Federalist Papers

Just days after the new Constitutionwas signed, many New Yorknewspapers began to attack it. Theysaid that the new Constitution tookaway the rights Americans had won inthe Revolution.

Alexander Hamilton was a lawyer fromNew York who had helped write theConstitution. He was the only delegatefrom New York who signed it. Theothers had refused to sign becausethey agreed with the critics in thenewspapers. Hamilton feared that NewYork might not approve theConstitution. He decided to writeessays arguing with the critics.

Hamilton wanted a strong centralgovernment. He even favored onestronger than the one outlined in thenew Constitution. But Hamiltonsupported the Constitution as a greatimprovement over the Articles ofConfederation. In October 1787, hepublished his first essay defending theConstitution. He signed it using theRoman name “Publius.” (Politicalwriters then often used pen names.)Hamilton soon asked two other men,James Madison and John Jay, to writearticles. They also used the name“Publius.”

James Madison is sometimes called the“Father of the Constitution.” He playeda major role at the ConstitutionalConvention. As a delegate fromVirginia, he kept notes of the talks andwrote much of the Constitution. JohnJay had not helped write theConstitution. He was serving as a

diplomat when Hamilton asked him tohelp.

Hamilton, Madison, and Jay wrote 85essays for the New York papers. Theessays drew much praise. Many peopleoutside of New York wanted to read theessays. One New York newspaperprinted the essays as a book (in twovolumes) called The Federalist. By thistime, most people knew that “Publius”was Hamilton, Jay, and Madison.

The Federalist was also called theFederalist Papers. It helped convinceNew Yorkers that the Constitution wasa good model for a new government.Today, the Federalist Papers helps usunderstand what the writers of theConstitution had in mind when theydrafted that amazing document 200years ago.

What The Federalist Said

The Federalist Papers addressed issuesabout the Constitution. In FederalistPaper #23, Hamilton listed the maingoals of government. One was“common defense.” This meantkeeping law and order at home andprotecting the nation from “externalattacks.” Another big goal was tocontrol trade between states and withother nations. A third goal was dealingwith “foreign countries.”

In Federalist Paper #51, Madison toldwhy government is needed. “If menwere angels, no government would benecessary.” He then explained whygovernment needs checks on it. “Ifangels were to govern men,” no checkswould be needed. But for agovernment controlled by “men over



men, the great difficulty lies in this:You must first” let government controlthe people and then make it “controlitself.” In other words, government hadto have power, but not too muchpower.

The Federalist Papers explained howthe Constitution set up such agovernment. Much of the FederalistPapers explained three basic ideasbehind the Constitution:

1. The Constitution separates thepowers of the national government.

2. The Constitution creates a federalform of government.

3. The Constitution sets up a republic.

Separation of Powers

The Constitution puts many checks ongovernment. One is called theseparation of powers. Congress, thepresident, and the courts haveseparate powers. Congress makes laws.The president carries them out. Andthe courts say what they mean. InFederalist Paper #47, Madison told whythe powers of government should beseparated. He said: Putting “all powers. . . in the same hands, whether of one,a few or many” is “tyranny.” In otherwords, giving one person or group allthe power will stop people from beingfree.

Federalism

Another check on government isfederalism. The Constitution lists thepowers of the national government. Itreserves all other powers for the states.This dual system of state and national

governments is known as federalism.As Madison explained in FederalistPaper #46, the federal system lets stategovernments, which are closer to thepeople, meet the “personal interests ofthe people.” The states also serve tocheck the power of the federalgovernment.

A Republic

The Federalist Papers emphasized thatthe Constitution created a republic. Arepublic is a representative democracy.In other words, people elect those whogovern them. A republic relies on theconsent of the governed. In FederalistPaper #39, Madison defined a republicas a government that gets its powersfrom the people and is run “by personsholding their offices . . . for a limitedperiod, or during good behavior.”

Madison went on to point out that theConstitution follows these rules. Thepeople directly elect the members ofthe House of Representatives. And theyindirectly choose the president andsenators. (Under the Constitution,Senators were elected by the statelegislatures. The president was electedby the Electoral College.)

The Constitution set the terms forpresident (four years), senator (sixyears), and member of Congress (twoyears). It gave federal judges life terms(as long as they show “good Behavior”).

In Federalist Paper #78, Hamiltonexplained why judges should servesuch long terms. He said that thecourts must protect the Constitution.Having life terms will give them an“independent spirit,” which judges



Articles of Confederation Constitution

Comparing the Articles of Confederation and Constitution

The Articles of Confederation set up the first government of the United States. The Constitution waswritten to replace this government with a new government. The Federalists supported the Constitution.The Anti-Federalists opposed it. Here is a comparison of the governments set up by the two documents.

No executive branch. President elected by electoralcollege. Has checks on legislativeand judicial branches.

Executive Branch

Congress. Each state had onevote. The Congress elected apresident to preside overCongress.

Two houses of Congress:Senate: Each state has twosenators.House of Representatives:Membership based on thepopulation of the state.

Legislative Branch

Nine of the 13 states must vote infavor of it.

A majority in each house must passit and the president must sign it.

Passing a Law

Had power over states only. Thusit created a federal government.

Had power over states andindividuals. Thus it created both afederal and national government.

Power over States andIndividuals

To change the Articles, everystate had to agree.

Two ways to change theConstitution:(1) Passed by both houses ofCongress and 2/3 of the statelegislatures.(2) Constitutional Convention calledby 3/4 of state legislatures.

Amending

No power to raise an army. Couldonly ask states to send soldiers.

Power to raise an army. Raising an Army

No power to tax. Could only askstates for tax money.

Power to tax.Taxing

No power to control tradebetween the states or with othernations.

Power to control trade.Controlling Trade

None. None in original document. The first10 amendments to the Constitutionmake up the Bill of Rights.

Bill of Rights

No judicial branch. Each statehad its own court system.

System of federal courts headedby the U.S. Supreme Court. (Eachstate still had its own court system.)

Judicial Branch



need. Judges must know that theydon’t have to agree with Congress orthe president to keep their jobs. “Thisindependence of the judges” isimportant “to guard the Constitutionand the rights of” the people.

Many thinkers believed that a republiccould not work in a large country. Theythought it could only work in states orcities where people knew thecommunity and could work for thecommon good. In a large country, theyargued, the government is far from thepeople and special interests, orfactions, would take over.

Madison in Federalist Paper #10responded that large republics actuallyprevented special interests from takingover. Madison said that in a largerepublic, “you take in a greater varietyof . . . interests; you make it lessprobable that a majority . . . will have acommon motive to invade the rights ofother citizens . . . .” In other words, in alarge republic, the special interestsbalance one another out.

The Federalist Papers stressed that theConstitution was setting up agovernment that would preservefreedom. The new government wouldbe strong enough to protect thenation. But it would not be too strongand take away people’s freedom. Itspowers would be limited and checkedthrough federalism and the separationof powers. It would be a republic,based on the consent of the governed.

The Anti-Federalists

Those opposed to the Constitutionwere called the Anti-Federalists. Theyalso wrote essays in New Yorknewspapers. They too used pen names:“Brutus” and “Cato” and some others.

They made several points.

First, they said that Congress, thepresident, and the courts would havetoo much power, more power than theold British government. The Britishhad crushed American freedom. Theysaid the government created by theConstitution would do the same.

Second, theywanted the statesto keep theirpower. Theythought that onlysmall govern-ments, close tothe people, couldinsure freedom. Astrong nationalgovernmentwould not listento the people.

Third, they said that the Constitutionshould have a bill of rights.

This last point struck a chord. Manypeople wanted a bill of rights. Theyhad just fought a war to be free. Theydid not want the new government totake away their rights.

In Federalist Paper #84, Hamilton saidthat a bill of rights was not needed. Hesaid the new government would nothave the power to abuse people’s



rights. He asked: Why order “thatthings shall not be done which there isno power to do?”

Approval of the Constitution

By June 1788, most states hadapproved the Constitution. But severalstates still had not. The two biggeststates, New York and Virginia, were stilldebating. To get these states toapprove the Constitution, theFederalists promised that a bill ofrights would be added to it. With thispromise, the states approved theConstitution.

James Madison was elected toCongress from Virginia. When the firstCongress met in 1789, he saw it as hisduty to add a bill of rights to theConstitution. He drafted proposedamendments to the Constitution.Congress passed 10 of the amend-ments. These amendments are calledthe Bill of Rights. They list manyrights—freedom of speech, freedom ofreligion, right to a jury trial, and manyother rights—that Americans todaystill think are important to a freesociety.

The Constitution was not perfect. Itdid not outlaw slavery. This was notdone until after the Civil War when the13th Amendment was added. It did notgive women the right to vote. This wasnot done until after World War I whenthe 19th Amendment was adopted.

Over the years, other changes to theConstitution have been made. In 1913,

the 17th Amendment let the people ofeach state, instead of the statelegislature, elect senators. In 1951, the22nd Amendment limited presidentsto two terms in office.

In all, only 27 amendment have beenadded to the Constitution. It created ademocratic government that has lastedmore than 200 years. The FederalistPapers helped create this government.

For Discussion and Writing

1. What was the Articles ofConfederation? Why did it fail?

2. What are the main differencesbetween the Articles ofConfederation and theConstitution?

3. What was the Federalist Papers?What were the three main ideasexpressed in it about how theConstitution set up a stronggovernment that preseved freedom?Why do people today think theFederalist Papers is important?

4. Hamilton said that judges need an“independent spirit.” What did hemean? Do you agree? Explain.

5. Why did the Federalists oppose abill of rights? Do you agree? Explain.

6. How did the Bill of Rights get addedto the Constitution?

7. Why did the Anti-Federalists opposethe Constitution? What do you thinkwas their strongest point? Why?


Handout 2B, Page 1

Short Biographies


James Madison (1751–1836),Federalist

The oldest of 10children, Madisonwas born and grewup in Virginia. Agreat student, hewent to the Collegeof New Jersey (nowcalled PrincetonUniversity). He returnedhome, unsure of what to do with hislife. As the Revolutionary War camenear, he joined the patriot cause. As ayoung man, he held several electedoffices. One was being a member ofCongress under the Articles ofConfederation. Madison grewfrustrated with Congress’ lack ofpower. For example, Congress did nothave power to raise taxes to pay theArmy. Madison believed that thenation needed a strong centralgovernment. At the ConstitutionalConvention, his ideas were soimportant that many today considerhim the “Father of the Constitution.”After the convention, Madison wrotemany of the Federalist Papers arguingin favor of the Constitution. Madisonbelieved the Constitution woulduphold freedom because it created arepublic with checks and balances onits power. He did not think a bill ofrights was needed. The Constitutionhad limited power.

Madison favored religious freedomand the separation of church and state.

Before the revolution, he spoke outagainst people being put in jail fortheir beliefs. He helped draft Jefferson’sBill for Religious Freedom in Virginia.He worked to defeat Patrick Henry’sbill in Virginia that would have giventax money to “teachers of the Christianreligion.” He thought governmentshould neither support nor opposereligion.

When the Constitution was adopted,Madison was elected to the firstCongress. He knew that a bill of rightshad been promised. So he wrote oneand pushed Congress to pass it.Congress passed most of Madison’sproposals. They stand today as the Billof Rights, the first 10 amendments tothe Constitution.

Madison later served as secretary ofstate and as the fourth U.S. president.

John Jay (1745–1829), Federalist

The sixth of 10 children, Jay was bornand raised in New York. As a boy, hewas taught by privatetutors. Then he wentto King’s College(now calledColumbia Univer-sity). He startedworking as a lawyerand did well.Although he backedthe patriot cause, heat first did not favorbreaking from England. But once therevolution began, he strongly


Handout 2B, Page 2© 2003 Constitutional Rights Foundation

supported it. He was elected to theContinental Congress. Sent to Paris, hehelped write the peace treaty of 1783,which ended the Revolutionary War.Under the Articles of Confederation, Jayserved as Congress’ secretary for foreignaffairs. In this post, Jay met andnegotiated with foreign leaders. He grewfrustrated, however, by the limitedpower given Congress under the Articlesof Confederation. He cited manyexamples of this limited power. One wasthat Congress had the power to maketreaties with other nations, but it didn’thave the power to keep the promises itmade in the treaties. Another was thatCongress had the power to borrowmoney, but not to raise money to payback the debt. He believed the UnitedStates needed a stronger centralgovernment. He did not go to theConstitutional Convention, but hestrongly supported the Constitution. Hedid not think a bill of rights was needed.

He later served as the first chief justiceof the U.S. Supreme Court and waselected governor of New York.

Alexander Hamilton(c. 1757–1804), Federalist

Hamilton was born in the West Indies.When he was 8, his father left the family.To help support the family, Hamiltonwent to work. Four years later, hismother died. He went to live withrelatives. His family and friends saw thatHamilton was very smart. They sent himto New Jersey to study. He later enteredKing’s College (now called ColumbiaUniversity) in New York. When theRevolutionary War broke out, he joinedthe Army. General George Washington

noticed his bravery and brainpower. Heasked him to serve as his aide. When thewar ended, Hamilton returned to NewYork and became a lawyer. He waselected to the Continental Congress. Hethought the government created by theArticles of Confederation was too weak.He believed it was causing the countryto fall apart. For example, the war hadcaused the government to go into debt.But the Congress could not pay off thedebt because it had no power to tax.

When the Constitutional Conventionwas held, Hamilton went as a delegatefrom New York. Hamilton believed theUnited States shouldhave a very strongcentral government.He thought thepresident and senatorsshould be elected forlife. He wanted thepresident to selectstate governors. Hethought Congressshould make all the laws for the country.The delegates ignored his ideas.

Hamilton would have liked a strongercentral government than the onecreated by the Constitution. But he likedthe Constitution much better than theArticles of Confederation. When hereturned to New York, he started writingnewspaper articles in favor of theConstitution. He got James Madison andJohn Jay to help him. These articlesbecame the Federalist Papers.

Hamilton went on to be the firstsecretary of the treasury underPresident Washington. He was killed in aduel in 1804.



Patrick Henry (1736–1799),Anti-Federalist

Henry was born inVirginia and washome schooled. Asa young man, hestruggled. Twice heopened stores, buthe lost money andwent out ofbusiness. He tried farming, but made nomoney. He decided to study law andstarted a practice. At this, he succeeded.He was a great speaker and could rousepeople to his side.

Drawn to the patriot cause, he waselected to the Virginia coloniallegislature. Later, he went to Congress.He made many speeches that made himfamous. After a speech denouncing theking, some legislators yelled, “Treason!”Henry shouted back, “If this be treason,make the most of it!” When theRevolutionary War began, he made aspeech that ended with the now famouswords, “I know not what course othersmay take, but as for me, give me libertyor give me death.” He was electedgovernor of Virginia during and afterthe war.

Henry was invited to the ConstitutionalConvention, but did not go. He spokeout strongly against the Constitution. Hesaid it created too strong a centralgovernment. He stated that the bestgovernment was one that was close tothe people and that could listen tothem. He declared that the Constitutionwould take away the power of the statesand the rights of the people. He wasoutraged that it did not have a bill ofrights.

Richard Henry Lee (1732–1794),Anti-Federalist

Born in Virginia to a rich family, Lee washome schooled. Then he was sent toschool in England. After returninghome, he was elected to the Virginialegislature. He spoke out against slavery.Then as British rule grew harsher, hespoke out against British abuses. Heopposed the Stamp Act and TownshendActs. As war drew near, he became aleader in Congress favoringindependence. He retired from Congressdue to ill health. But after he recovered,he returned to elected office.

He was a member of Congress under theArticles of Confederation. He helpedpass the Northwest Ordinance, one ofthe most important things done by theConfederation Congress. The NorthwestOrdinance set up a system for governingthe NorthwestTerritory. This landeventually becamethe states of Ohio,Indiana, Illinois,Michigan, andWisconsin and partof the state ofMinnesota. Theordinance outlinedhow parts of the territory could becomestates.

Lee opposed the Constitution. Hethought the Confederation Congressworked. He did not want another stronggovernment. He had opposed Britishabuses. He feared another stronggovernment would also misrule. Hethought it was a disaster that theConstitution did not have a bill of rights.



George Mason (1725–1792),Anti-Federalist

Mason was inborn in Virginiainto a family ofrich landholders.His father diedwhen he was 10.His uncle tookover as hisguardian andtaught him law.When he grewup, he becameone of the richest planters in Virginia.

Elected to the colonial Virginialegislature in 1759, he grew active inthe patriot cause. When Virginia drewup its state constitution in 1776,Mason drafted its Declaration ofRights. The beginning of this declara-tion influenced the Declaration ofIndependence (“That all men are by

nature equally free and independent,and have certain inherent rights . . .namely, the enjoyment of life andliberty, with the means of acquiring . . .property, and pursuing . . . happinessand safety.”) The declaration’s list ofrights influenced the Bill of Rights.

Mason went to the ConstitutionalConvention. He believed thegovernment was not working underthe Articles of Confederation. He spokefor a long time explaining what hewanted in a new government. Hewanted a swift end to the slave trade.He wanted a more democraticCongress. And most of all, hedemanded a bill of rights. When thedelegates failed to include a bill ofrights, Mason refused to sign theConstitution. He believed theConstitution would lead to either amonarchy or the rule by a select few.


Handout 2C

Federalist vs. Anti-Federalist


Imagine that it is 1788. The Federalists and Anti-Federalists are holding a debate onthe Constitution. You are going to play the role of a famous Federalist or Anti-Federalist.

1. Your teacher will divide the class into six groups.

2. Your teacher will assign your group one of the Federalists or Anti-Federalists onthe Short Biographies handout. Write down the name of the person you areassigned:

_______________________________________________________________

3. You must be able to discuss your person’s opinions on these questions:

• Do you think the United States should have a strong central government?Why or why not?

• Do you think the Constitution should have a bill of rights? Why or why not?

• Do you favor or oppose the Constitution? Why?

4. Prepare for the debate. Do the following:

• Read your person’s biography. Think how your person would answer thequestions.

• Read the biographies of other Federalists and Anti-Federalists. Be prepared torespond to any points that they may make.

• Reread the article The Federalist Papers and take a close look at the chartComparing the Articles of Confederation and Constitution. This material willhelp you with your preparation.

• Prepare your answers.

• Make an introduction for your person. (You will need to know what the personhad accomplished by 1788 and why he was an important person.)

• If your teacher permits, find more information. You can do this in two ways:

(1) Go to the library. Look in an encyclopedia for general information. Thenlook for books and periodicals with more information.

(2) Go on the Internet. Go to the Constitutional Rights Foundation web site(www.crf-usa.org) and click on Links. Then click on Project History Links.Click on The Federalist Papers. Your person is listed with links to a lot ofinformation.

5. The class will meet and hold a debate on the Constitution. You will firstintroduce your person and then role play him in the debate.


the federalist papers - constitutional rights foundation papers.pdf · this lesson explores the...

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