Wrapping up the Constitution!

Please have out “federalism” homework…

Federalism: http://www.youtube.com/watch?v=tlt6R1KD4E0

Amendment Process:

Ratifying the Constitution

RATIFICATION- official approval

Sept. 1787- submitted to conventions in each state – Why not state legislatures?

9 out of 13 must ratify"Fame" Announces Ratification of Constitution

The Debate begins

FEDERALISTS Support ratifying

the Constitution

ANTIFEDERALISTS- Oppose ratifying

the Constitution

Feds… Anti-Feds…

Washington

Madison

HamiltonR. H. Lee

Patrick Henry

Sam Adams

Hancock

http://www.youtube.com/watch?v=dAB3vAoilhw

  FEDERALISTS- SUPPORT

RATIFICATION

ANTI-FEDERALISTS- OPPOSE RATIFICATION

Key leaders James Madison, John Jay, Alexander Hamilton, George Washington

George Mason, Mercy Otis Warren, Sam Adams,

Thomas JeffersonIs a large republic

possible?  

 

Do we need a Bill of Rights?

  

 

Is the Constitution too vague?

   

Do we need a strong central government?

   

Federalists vs. Anti-Federalists

A of C too weak Stronger national gov. is needed safeguards are in place (federalism,

checks..) Fear “people”

New National gov. too strong States’ power, individual liberties are

threatened President too powerful Fear “government”

The Federalist Papers

85 essays by Hamilton, Madison, Jay published in papers to gain support for ratification

Explain political theory behind Constitution

Why Federalists win out

Articles unpopular; Shay’s Rebellion Anti-Feds- provide no option Feds- nationally organized “Star Power”- George Washington

– Assumed he will be first president; people trust him with power

*****Need for a Bill of Rights

Anti-Federalists demand “Bill of Rights” – Want basic freedoms spelled out

Arguments:– Against: no need for it; checks and

balances are there– For: gov. needs to be restrained; fear of

tyranny

Ratification

Federalists promise Bill of Rights to assure ratification

Summer 1788- NY and VA ratify New government forms in 1789

Adding the Bill of Rights

Bill of Rights- assure basic freedoms– 1st 10 amendments– Ratified 1791

Amend- “change” the Constitution

1st amendment

Freedom of speech, religion, press, assembly, petition

http://www.washingtontimes.com/news/2011/mar/2/supreme-court-oks-church-protest-military-funerals/?page=all

Second Amendment

Right to bear arms

http://www.wjla.com/news/stories/1107/474241.html&h=240&w=320&sz=22&hl=en&start=12&um=1&tbnid=ORKv3YpTLdIwTM:&tbnh=89&tbnw=118&prev=

Fourth Amendment

No unreasonable search and seizure

www.slate.com/id/2143983/

http://www.boston.com/news/local/articles/2007/11/17/police_to_search_for_guns_in_homes/

Fifth Amendment Gov’t needs an indictment of a Grand

Jury- – 12 to 23 citizens who decide if there is

enough evidence to go to trial Double Jeopardy- Accused may not be

tried twice for same crime Accused does not have to testify

– “pleading the fifth” Due process- same fair rules in all

cases Eminent domain- Gov’t can take your

property, but must pay youhttp://www.washingtonpost.com/wp-dyn/content/article/2005/06/23/AR2005062300783_pf.html

Sixth Amendment

Right to a JURY trial in criminal cases Right to a lawyer to defend you

Eighth Amendment

Judges cannot– Order excessive bail– Impose cruel and unusual punishment

Cruel and unusual?

Ninth Amendment

Government can’t claim that these are your ONLY rights– Part of Roe v. Wade– Woman’s right to “privacy”

10th Amendment

Any powers not specifically mentioned in the Constitution are delegated to the states– “FEDERALISM”– Medical marijuana in California…

http://www.apfn.net/Messageboard/06-07-05/discussion.cgi.45.html

Bill of Rights: 1st Amdmt: Freedom of Religion, Speech, Press,

Assembly, and Petition 2nd Amdmt: Right to Bear Arms 3rd Amdmt: Soldiers Quartered in homes 4th: Gov’t needs a search warrant 5th: rights of accused criminals (Due process) 6th: rights of accused criminals 7th: rights in civil trials 8th: rights of accused and convicted criminals 9th: there are more rights not listed 10th: any powers not included in const. are given

to states

Yes or No:

1-Should the government assist religious schools with money to buy textbooks?

2-Should a person be permitted to say anything at all about the government during wartime?

3-Should a newspaper that has received copies of secret government documents be allowed to publish them?

4-Should a group known for its anti-American statements be permitted to hold a rally?