2 Thinking By AnalogyConsider a proposal to give the United Nations the following:power to tax and spend money for global warfareexclusive power to issue currencycontrol of international commercejurisdiction over all cases involving the UN Charterjurisdiction over cases involving more than 1 countrypower to take over national armies to execute UN lawpower to make any law thought “necessary & proper”In what ways would this proposal affect the sovereignty of member nations?During the following discussion, think how this analogy does/does not reflect thethe situation faced by the citizens of the 13 states in 1787….
3 Ratification Process James Madison’s plan Article VII 9 of 13 states must approvethrough direct vote; not state legislaturesconventions w/delegates selected by votetown meetings (Rhode Island)
4 The Articles of Confederation had to be ratified by all 13 states The Articles of Confederation had to be ratified by all 13 states. Were the Framers justified in changing the rules for ratification?If a convention was called today to consider major changes to the Constitution or to draft a new one, what rules or procedures would be necessary to insure an informed civic discussion of the fundamental issues?Today, most newspapers refuse to publish letters to the editor or opinion pieces without the author’s name. In contrast, many people comment on the Internet using pseudonyms. Does the use of pseudonyms improve or diminish the quality of civil discourse?
5 Campaign to Ratify or Oppose NewspapersPamphletsSpeeches“Reasoned Civic Discourse”Both supporters and opponents published anonymous essaysFederalists vs. Anti-FederalistsOne of the most extensive public debates ever. Thousands participated in a country of only a million voters delegates in 12 states. Sermons, broadsides, personal letters, publicdebates.
6 Anti-Federalists Objections A large, diverse nation cannot maintain a democratic republicIn such a big nation, government would be too distant from the people and would have to rely on force to maintain authority. Therefore, taxes and standing army.
7 Anti-Federalists Objections “necessary and proper” clause gives Congress too much powerpresident’s power to pardon could be abusednational courts could overwhelm local courtstreaties negotiated by the president only have to be approved by the Senate, leaving out the more democratic House of Representativesthe separation of powers will only allow collusion between branchescivil rights are not protectedMany demand the inclusion of amendments to assure basic civil liberties:A BILL OF RIGHTS
8 Which criticisms seem the most valid? Which criticisms seem least valid?Which fears of the Anti-Federalists do you still hear today? Are those fears justified?Why/why not?
9 Mercy Otis Warren, Richard Henry Lee, Patrick Henry
10 Federalists Efforts to Ratify published a series of essays known as the Federalist Papers to create supportJames Madison, Alexander Hamilton, John Jay
11 Federalists’ Efforts to Ratify QUICKNESSsystematic rebuttal of anti-federalist claimsMadison’s argument in Federalist #10-dangers of factionminority factions can be controlled by democracymajority factions (majority tyranny) can be controlled by representative governmentleaders could filter the self-interest of factions to create public policy for the common goodin a large, diverse society, no one faction can dominate
12 When the citizens of the US were debating the ratification of the Constitution, people in geographically distant states were unlikely to know each other or share a lot of common knowledge.How have modern communication technologies changed the political debate?Does the Internet contribute more to unity or to factionalism?
13 December 7, 1787: Delaware ratifies. Vote: 30 for, 0 against. September 17, 1787: The Constitutional Convention adjourns. September 28, 1787: The Congress agrees to send the Constitution to the states for debate and ratification.December 7, 1787: Delaware ratifies. Vote: 30 for, 0 against.December 12, 1787: Pennsylvania ratifies. Vote: 46 for, 23 against.December 18, 1787: New Jersey ratifies. Vote: 38 for, 0 against.January 2, 1788: Georgia ratifies. Vote: 26 for, 0 against.January 9, 1788: Connecticut ratifies. Vote: 128 for, 40 against.February 6, 1788: Massachusetts ratifies. Vote: 187 for, 168 against.March 24, 1788: Rhode Island popular referendum rejects. Vote: 237 for, 2708 against.April 28, 1788: Maryland ratifies. Vote: 63 for, 11 against.May 23, 1788: South Carolina ratifies. Vote: 149 for, 73 against.June 21, 1788: New Hampshire ratifies. Vote: 57 for, 47 against.June 25, 1788: Virginia ratifies. Vote: 89 for, 79 against.July 26, 1788: New York ratifies. Vote: 30 for, 27 against.August 2, 1788: N.Carolina convention adjourns w/out ratifying;vote for adjournmentNovember 21, 1789: North Carolina ratifies. Vote: 194 for, 77 against.May 29, 1790: Rhode Island ratifies. Vote: 34 for, 32 against.