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Ratification and the Bill of Rights

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1 Ratification and the Bill of Rights
Section 3

2 Preamble "We the People of the United States, in Order to form a more perfect Union, establish Justice, insure domestic Tranquility, provide for the common defense, promote the general Welfare, and secure the Blessings of Liberty to ourselves and our Posterity, do ordain and establish this Constitution for the United States of America."

3 Previously… The Constitutional Convention was all done in secret and many compromises were made. The Three-fifths Compromise allowed for slaves to partially be counted as people. The African slave trade would also be ended. The smaller states received to Senate votes while the House of Representatives were according to population.

4 Concerns The framers knew the people would be concerned about states’ rights. The framers explained that the Constitution was based on Federalism, a system of government in which power is shared between the federal government and the states.

5 Concerns The people who supported the Constitution were known as Federalists. James Madison, Alexander Hamilton, and John Jay wrote a series of essays in support of the Constitution known as the Federalist Papers.

6 Concerns “Yes, my countrymen,…I am clearly of opinion it is your interest to adopt the Constitution. I am convinced that this is the safest course for your liberty, your dignity, and your happiness.” - Alexander Hamilton, The Federalist “Number 1”

7 Concerns of the Anti-Federalists
The Anti-Federalists thought the Constitution took too much power away from the states and did not guarantee rights for the people.

8 Concerns of the Anti-Federalists
The president might become like a king. The Senate might become a powerful ruling class (like in England). Rights were not guaranteed.

9 Battle for Ratification
Some supporters of the Constitution, such as Thomas Jefferson, called for a bill of rights-a formal summary of citizens’ rights.

10 Battle for Ratification
The founding fathers wanted all the states to adopt the Constitution. Anti-Federalists wanted to scare the South in thinking the North would dominate politics and change slave laws.

11 Battle for Ratification
At first, the anti-Federalists outnumbered the Federalists. Things changed once Virginia adopted the Constitution. Over the next year, other hesitant states adopted it.

12 Battle for Ratification
Congress also wrote bill of rights and submitted it to the states for approval.

13 The Bill of Rights James Madison was in charge of submitting ten amendments to the Constitution. Amendment – addition to a document. These ten amendments became known as the Bill of Rights.

14 The Bill of Rights The first nine guaranteed basic individual freedoms. Religious freedom was included and this ended many of the conflicts that hurt the early colonies.

15 Amending the Constitution
The Constitution is considered a living document. It can be amended in order to reflect changes in society. Since the Bill of Rights, seventeen other amendments have been added to the Constitution.

16 Bill of Rights I Freedom of Speech, Press, Religion and Petition Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances. II Right to keep and bear arms A well-regulated militia, being necessary to the security of a free State, the right of the people to keep and bear arms, shall not be infringed.

17 Bill of Rights III Conditions for quarters of soldiers No soldier shall, in time of peace be quartered in any house, without the consent of the owner, nor in time of war, but in a manner to be prescribed by law. IV Right of search and seizure regulated The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.

18 Bill of Rights V Provisons concerning prosecution No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the militia, when in actual service in time of war or public danger; nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use without just compensation. VI Right to a speedy trial, witnesses, etc In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the assistance of counsel for his defense.

19 Bill of Rights VII Right to a trial by jury In suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved, and no fact tried by a jury shall be otherwise reexamined in any court of the United States, than according to the rules of the common law. VIII Excessive bail, cruel punishment Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.

20 Bill of Rights IX Rule of construction of Constitution The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people. X Rights of the States under Constitution The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.


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