Wrapping up the Constitution! Please have out “federalism” homework… Please have out “federalism” homework…

Federalism:

Amendment Process:

Ratifying the Constitution

RATIFICATION- official approval Sept submitted to conventions in each state Sept submitted to conventions in each state –Why not state legislatures? 9 out of 13 must ratify 9 out of 13 must ratify "Fame" Announces Ratification of Constitution

The Debate begins FEDERALISTS FEDERALISTS Support ratifying the Constitution Support ratifying the Constitution ANTIFEDERALISTS- ANTIFEDERALISTS- Oppose ratifying the Constitution Oppose ratifying the Constitution

Feds…Anti-Feds… Washington Madison Hamilton R. H. Lee Patrick Henry Sam Adams Hancock

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 Jefferson Is 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 A of C too weak Stronger national gov. is needed Stronger national gov. is needed safeguards are in place (federalism, checks..) safeguards are in place (federalism, checks..) Fear “people” Fear “people” New National gov. too strong New National gov. too strong States’ power, individual liberties are threatened States’ power, individual liberties are threatened President too powerful President too powerful Fear “government” 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 Articles unpopular; Shay’s Rebellion Anti-Feds- provide no option Anti-Feds- provide no option Feds- nationally organized Feds- nationally organized “Star Power”- George Washington “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” Anti-Federalists demand “Bill of Rights” –Want basic freedoms spelled out Arguments: 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 Federalists promise Bill of Rights to assure ratification Summer NY and VA ratify Summer NY and VA ratify New government forms in 1789 New government forms in 1789

Adding the Bill of Rights Bill of Rights- assure basic freedoms Bill of Rights- assure basic freedoms –1 st 10 amendments –Ratified 1791 Amend- “change” the Constitution Amend- “change” the Constitution

1 st amendment Freedom of speech, religion, press, assembly, petition Freedom of speech, religion, press, assembly, petition ntimes.com /news/201 1/mar/2/su preme- court-oks- church- protest- military- funerals/?p age=all

Second Amendment Right to bear arms Right to bear arms &start=12&um=1&tbnid=ORKv3YpTLdIwTM:&tbnh=89&tbnw=118&prevhttp:// &start=12&um=1&tbnid=ORKv3YpTLdIwTM:&tbnh=89&tbnw=118&prev=

Fourth Amendment No unreasonable search and seizure No unreasonable search and seizure

Fifth Amendment Gov’t needs an indictment of a Grand Jury- 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 Double Jeopardy- Accused may not be tried twice for same crime Accused does not have to testify Accused does not have to testify –“pleading the fifth” Due process- same fair rules in all cases Due process- same fair rules in all cases Eminent domain- Gov’t can take your property, but must pay you Eminent domain- Gov’t can take your property, but must pay you dyn/content/article/2005/06/23/AR _pf.html

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

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

10 th Amendment Any powers not specifically mentioned in the Constitution are delegated to the states Any powers not specifically mentioned in the Constitution are delegated to the states –“FEDERALISM” –Medical marijuana in California… 05/discussion.cgi.45.html

Bill of Rights: 1 st Amdmt: Freedom of Religion, Speech, Press, Assembly, and Petition 1 st Amdmt: Freedom of Religion, Speech, Press, Assembly, and Petition 2 nd Amdmt: Right to Bear Arms 2 nd Amdmt: Right to Bear Arms 3 rd Amdmt: Soldiers Quartered in homes 3 rd Amdmt: Soldiers Quartered in homes 4 th : Gov’t needs a search warrant 4 th : Gov’t needs a search warrant 5 th : rights of accused criminals (Due process) 5 th : rights of accused criminals (Due process) 6 th : rights of accused criminals 6 th : rights of accused criminals 7 th : rights in civil trials 7 th : rights in civil trials 8 th : rights of accused and convicted criminals 8 th : rights of accused and convicted criminals 9 th : there are more rights not listed 9 th : there are more rights not listed 10 th : any powers not included in const. are given to states 10 th : 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? 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? 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? 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? 4-Should a group known for its anti-American statements be permitted to hold a rally?