1. Drafting the Constitution

2. Writing it was the easy part
After being adopted by the Cont. Congress in 1787, it had to be ratified by 9/13 states.
Quickly, the “FEDERALISTS” supported ratification, and “ANTI-FEDERALISTS” went against it.

3. “Federalist Papers” Alexander Hamilton, John Jay, & James Madison
More than 80 were written on 2 topics: Why the Articles were terrible, & why the new gov’t would work well

4. In detail…
Checks & balances: No branch would have more power than another.
Federalism: The national gov’t would have some powers, the state govts would have others; some powers would be shared
“Republican Form of Gov’t”: Democracy COULD work in a large nation because competing interests would keep any 1 group from dominating power.

5. “Anti-Federalist Papers”
Mostly guys no one has ever heard of
Worried that there were few protections of individual rights; that the president could call up state militias to overthrow states; that nat’l gov’t would keep down the states; small states would have no power… and might threaten slavery

6. Other Sources of Wisdom
The framers also cited these documents:
The Magna Carta (1215): Established rule of law; said the people do have power over rulers
English Bill of Rights (1689): Freedom of speech, prohibition of cruel punishments; right to keep arms; no taxes without people’s permission
Northwest Ordinance (1787): Duh!

7. The Constitution itself
Article I: Establishes 3 branches of govt: Executive, Legislative, Judicial. Says Legislative - Congress - will have two branches
Sec. 2: Sets up the House. Says people will elect them; members will be apportioned by population of state; 2-year terms, leader will be the “Speaker of the House”
Sec. 3: Sets up Senate. State legislatures will elect them; 2 members per state; 6 yr terms; leader will be the Vice President

8. Sec 7: How bills become law
Sec 7: How bills become law. All must pass both houses in exact same form. Then they go to President. He can sign, or veto. If he vetoes, Congress can override veto with 2/3 majority
Sec 8: Powers of Congress: Maintain army & navy, create courts, regulate commerce between states; declare war, raise money, print money. Elastic clause allows it to pass any law needed to carry those out.

9. Sec 9: Limits on Congress: No suspension of habeas corpus; no bills of attainder; no ex post facto laws; no state gets preferential treatment.
Sec 10: States can’t print money, declare war, tax stuff from other states, or have navies

10. Article 2: Establishes Executive. Sets presidential term at 4 yrs
Article 2: Establishes Executive. Sets presidential term at 4 yrs. Says Electoral College will choose. Makes Pr. The commander in chief of armed forces; gives him a Cabinet to advise; lets him make treaties, pick judges, be head of state, and carry out laws

11. Article 3: Sets up judiciary. Says judges serve for life
Article 3: Sets up judiciary. Says judges serve for life. Are named by president, approved by Senate. Establishes the Supreme Court.
Article 4: Says ALL contracts MUST be honored from one state to another.

12. All of this was well & good…
But what about protecting people’s rights?

13. 1st Amendment Freedom of religion Freedom of speech
Freedom of the press
Freedom of assembly
Freedom to petition the govt

14. 2nd Amendment
Right to own guns; establish a militia

15. 3rd Amendment
You don’t have to provide food and shelter for troops

16. 4th Amendment
Govt has to have a warrant to search or take your stuff

17. 5th Amendment Right to remain silent Govt must follow due process
Cant be tried for the same crime twice

18. 6th Amendment Speedy trial Trial by jury
You must be allowed to have a lawyer

19. 7th Amendment
You get a jury trial for civil cases, too

20. 8th Amendment No cruel or unusual punishment
No insane bail requirements

21. 9th Amendment
These aren’t the only rights you have

22. 10th Amendment
Any power not SPECIFICALLY granted to the federal govt belongs to the states!

23. The Debate
Both sets of papers were published, and influenced how people saw the Constitution
Most saw the Federalist logic; many also thought Anti-Feds were right about individual rights protection