The Debate Over Ratification Federalists versus Anti- federalists CICERO © 2011

“By the People” John Adams’ Massachusetts Constitution is the oldest functioning constitution in the world. The American Constitution is the second oldest. What do both of these documents have in common? CICERO © 2011

“... A Government of Laws, and Not of Men” When constitutions are created by legislatures, the constitution is subservient to the legislature. In Contrast, both the Massachusetts and U.S. Constitutions are superior to the legislature, since they had come from the people. Many legislatures have created constitutions, only to change them – or do away with them – after a fickle 51% vote. As a result, these constitutions never lasted very long. The founders wanted to create a document that would stand the test of time. CICERO © 2011

Important Clarification! The federalists in this debate are not necessarily the Federalist Party that formed in the 1790s, though many in this movement do join the Federalist Party. Here, “federalist” refers to a loose movement and should not be capitalized since it is not a proper noun. Likewise, “anti-federalist” refers to a very loose movement and not a proper noun. CICERO © 2011

The Federalists Those who favored ratification of the Constitution were known as federalists. Noteworthy founders such as George Washington, Ben Franklin, Gouverneur Morris and James Wilson supported ratification. Alexander Hamilton, James Madison and John Jay went so far as to write serious letters to New York Newspapers answering anti-federalist attacks and outlining reasons to ratify the Constitution. CICERO © 2011 Hamilton Madison Jay

The Federalists The 85 letters written by Hamilton, Madison, and Jay became known as The Federalist Papers. Written between September 1787 and August 1788, the letters were an attempt to convince New Yorkers to ratify the Constitution. Most of the letters were published in The New York Packet and The Independent Journal. All 3 authors used the penname Publius in honor of the Roman consul who helped overthrow the Roman monarchy and establish the Roman Republic in 509 B.C. CICERO © 2011

The Anti-federalists Anti-federalists fought against the ratification of the Constitution. They believed that the Articles of Confederation could be strengthened. They ardently believed that states’ powers must be preserved in a weak union of states. Some notable anti-federalists included Samuel Adams, Patrick Henry, George Mason, and Thomas Paine. CICERO © 2011 AdamsHenry MasonPaine

The Anti-federalists The anti-federalist papers were a series of editorials critical of the Constitution. – some argued that a strong federal government would encroach too much on states’ powers. – others worried the federal government posed a threat to the individual rights of citizens. Unlike, The Federalist Papers, these letters were written ad hoc, with no real coordinated effort. Anti-federalists used a variety of pennames. It is widely believed, for example, that Richard Henry Lee wrote as the “Federal Farmer.” CICERO © 2011

Polarization federalists wanted a stronger central government believed that since the Constitution only gave the central government a limited number of enumerated powers, it would not be able to infringe on most states’ powers or individual rights. anti-federalists wanted power to reside with the states. demanded a bill of rights that would list the state powers and individual rights guaranteed by the Constitution to ensure that the federal government could never infringe upon those rights. CICERO © 2011 Ratification of the Constitution made many Americans rethink just what the new United States should look like.

Ratification! In the end, the federalists were able to achieve victories in enough states to ratify the Constitution. For their part, anti-federalists were able to convince legislators to adopt a Bill of Rights to protect the rights of citizens. The Bill of Rights was presented by James Madison to the first U.S. Congress as a series of Constitutional amendments. The first ten amendments to the Constitution are referred to collectively as the Bill of Rights. CICERO © 2011

A Built-in Safeguard An amendment process was built into the structure of the Constitution because the Founders recognized that times change and laws should be able to change with the times. They did not, however, want the Constitution changed on a whim: – They wanted to make sure a super majority of Americans wanted to change the Constitution before a change could be made. – They did not want a quick 51% vote of a legislature to have the power to make any changes. Therefore, the amendment process is long and drawn out – by design. To date, there have only been 27 amendments added to the Constitution. CICERO © 2011