Ratification of the Constitution Designing and Approving the New Republic This presentation is the property of Dr. Kevin Parsneau for use by him and his current students. No other person may use or reprint without his permission.

Ratification What happened during the debates about the decision to agree to live under the new Constitution? What were the main problems in early America prior to ratification of the Constitution? How did the people who wrote the Constitution try to address those problems? What were some major criticisms and concerns and were they legitimate?

The Atmosphere Revolutionary War ( ) Articles of Confederation (1777) – Weak national government/ subordinate to states – Division – federal government couldn't print $ – states went separate ways after Revolutionary War – Any single state could veto Shays’s Rebellion (1786) Constitutional Convention (1787)

Tensions 1. Social issues 2. States’ Power 3. Large states vs. small states 4. Executive Power 5. Nature of Judiciary 6. Slavery

Features of the Constitution A.State sovereignty B. Great Compromise C. Executive Authority D. Nature of Judiciary E. Unresolved Issues F. Amendable

Features of the Constitution A. State sovereignty – 1. Federalism – 2. Supremacy Clause (Article VI) – 3. Enumerated Powers and Implied Powers – 4. “Full Faith and Credit”

Features (cont.) B. Great Compromise Virginia Plan New Jersey Plan C. Executive Authority D. Nature of Judiciary E. Unresolved Issues F. Amendable

Features (cont.) B. Great Compromise C. Executive Authority Unitary Executive Electoral College D. Nature of Judiciary E. Unresolved Issues F. Amendable

Features (cont.) B. Great Compromise C. Executive Authority D. Nature of Judiciary Judicial Review? (Marbury v. Madison 1803) E. Unresolved Issues F. Amendable

Features (cont.) B. Great Compromise C. Executive Authority D. Nature of Judiciary E. Unresolved Issues Slavery and the 3/5ths Compromise F. Amendable

Compromise over Slavery Representatives and direct Taxes shall be apportioned among the several States which may be included within this Union, according to their respective Numbers, which shall be determined by adding to the whole Number of free Persons, including those bound to Service for a Term of Years, and excluding Indians not taxed, three fifths of all other Persons.

Constitution as Imperfect Compromise Mr. President, I confess that there are several parts of this constitution which I do not at present approve, but I am not sure I shall never approve them….For having lived long, I have experienced many instances of being obliged by better Information, or fuller Consideration, to change Opinions even on important Subjects, which I once thought right, but found to be otherwise. —Benjamin Franklin (September 17, 1787)

Ratification Debate: Federalists vs. Anti-federalists A. Federalists (Pro ratification) The Federalists’ Fears Federalists’ Solutions B. The Anti-Federalist (Anti ratification)

Ratification Debate: Federalists vs. Anti-federalists A. Federalists (Pro ratification) The Federalists’ Fears – Factions – Tyrants – Demagogues Federalists’ Solutions B. The Anti-Federalist (Anti-ratification)

Ratification Debate: Federalists vs. Anti-federalists A. Federalists (Pro ratification) The Federalists’ Fears Federalists Solutions’—centralize w/o tyranny – Federalist 10 (sociological solution) – Federalist 51 (institutional solution) B. The Anti-Federalist (Anti-ratification)

Ratification Debate: Federalists vs. Anti-federalists B. The Anti-Federalist (Anti-ratification) – National government too powerful – Aristocracy – Danger of corruption – Can we change if we go wrong? – Bill of Rights

If pure democracy is allowing the voters to directly elect official, then how democratic is the U.S. Constitution?

Some Thoughts Constitution formed in response to instability – Many states into one nation – Weak federal government – Fear of revolt Result of Compromise – Fear of Executive – Big and Small States – Slavery Was it a democracy? The critics may have been right