Chapter 2 Content Statement Content Statement 6 Cite arguments from the Federalist Papers and/or the AntiFederalist Papers that supported their position on the issue of how well the Constitution upheld the principle of limited government. Section 5 at a Glance Ratification and the Bill of Rights • Ratification of the Constitution involved a heated debate between those who supported the Constitution and those who opposed it. • Antifederalists opposed the Constitution because it lacked a bill of rights. • The Federalist Papers outlined the key ideas of the Federalists, who supported the Constitution. • The struggle for ratification took place in every state. Ratification and the Bill of Rights Main Idea Before the Constitution could take effect, a heated debate between those in favor of the Constitution and those who opposed it took place in all the states. Reading Focus • What were the main points of the disagreement between the Antifederalists and the Federalists? • What were the main arguments made by the authors of the Federalist Papers? • Why was the Bill of Rights important to the ratification of the Constitution? The Fight for Ratification Chapter 2-5 vocab p. 57 • Federalists • Antifederalists • Pubulius • Federalist Papers • Bill of Rights Chapter 2-5 vocab p. 57 • Federalists: group of people who supported the adoption of the U.S. Constitution and a strong national government. • Antifederalists: a group of people who opposed the adoption of the U.S. Constitution. • Pubulius: the pen name that Framers Alexander Hamilton, James Madison, and John Jay used when writing the Federalist Papers; Latin for “public man”. • Federalist Papers: collection of essays on the principles of government written in defense of the Constitution in 1787 and 1788. • Bill of Rights: the first ten amendments to the U.S. Constitution concerning basic individual liberties. 1. Antifederalists versus Federalists • Constitutional Convention adjourned September 17, 1787 • Drastic changes in plan for government surprised some, angered others • New national government would – Greatly reduce powers of state legislatures – Completely restructure Congress • Framers outlined process for ratifying Constitution – Voters in each state to elect representatives to state ratifying convention. Bypass legislatures. – To become law, Constitution had to be ratified by 9 of 13 states • Two factions – Federalists supported Constitution – Antifederalists opposed Constitution 2. The Antifederalists • Recognized need for stronger national government but thought Constitution betrayed ideals of American Revolution • Saw document as assault on state sovereignty, republicanism, liberty of the people. Representative government could only exist in small territories. • Believed national government would become too powerful • Strongest criticism—Constitution lacked bill of rights guaranteeing civil liberties. No protection for individual rights. 3. The Federalists • Enthusiastic supporters of powerful, vigorous national government • Feared central government that was too strong, but feared weak government more • Believed sufficiently powerful national government would strengthen fragile union, promote public good • Government would be empowered to defend against foreign enemies, regulate trade, and put down internal disturbances. • Believed separation of powers in Constitution put limits on government power 4. The Federalist Papers Writing Team • Alexander Hamilton, James Madison, John Jay • Wrote under pen name, Publius— one of founders of Roman Republic • Authored 85 essays total Defended Constitution • Papers 10 and 51 argued Constitution would balance influence of different factions • Others explained how principles of government would limit national authority, preserve liberty Best Commentary • Circulated throughout the states • Classic statement of American political theory • Collectively called the Federalist Papers Rebuttal Essays • Antifederalists published own essays • Protecting liberty a chief concern • “Certain unalienable and fundamental rights…ought to be explicitly ascertained and fixed.” The Fight for Ratification Because they did not trust government, the Antifederalists wanted the basic rights of the people spelled out in the Constitution. The struggle over the Bill of Rights became a key focus in the fight over ratification. 5. Winning Over the States • Federalists better prepared • Targeted small states • Delaware first to ratify, December 7, 1787 • Ratification harder in larger, more powerful states • Promise of adding bill of rights key to winning many states • New Hampshire ratifies June 21, 1788 and Constitution takes effect. • Eventually all 13 states ratified 6. Bill of Rights • First Congress made bill of rights one of government’s first priorities • Ideas for these rights had been voiced in Declaration of Independence, elsewhere • December 1791: 10 amendments, traditionally called the Bill of Rights, ratified • Protected freedom of speech, press, religion, due process, right to fair trial, trial by jury 7. Landmark Supreme Court Cases Schenck v. United States (1919) Why It Matters: Are the rights outlined in the Bill of Rights guaranteed absolutely? The Supreme Court’s decision in Schenck v. United States considered what limits, if any, could be set on free speech without violating the individual freedoms outlined in the First Amendment. Arthur Schenck arrested for generating materials that opposed WWI and the draft. What is the policy on war protest and the draft today? Compare the Espionage Act of 1917 to current laws, such as the Patriot Act, that deal with treason, sedition, and subversive activities. What effect do you think the limitation of free speech has on American democracy today? We the People: The Citizen and the Constitution Individual Rights and the U.S. Constitution The Framers of the Constitution believed that individual rights had to be protected from government interference. To ensure the adoption of the Constitution, they promised to add a bill of rights that would safeguard individual rights. • Who may hold rights? • What are common categories of rights? • What kinds of rights does the Bill of Rights protect? • What are the meaning and importance of the Ninth and Tenth Amendments?
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