Ratification and the Bill of Rights

 Ratification of the Constitution

o The Federalists favored ratification of the Constitution.
 Believed in a strong national government
 Wanted separation of powers in government
 Wanted a standing army
o The Anti-Federalists opposed ratification of the Constitution.
 Feared the national government would have too much power
 Believed that the Constitution did not protect individual rights
 Did not believe in having a standing army
o Both sides wrote essays to support their perspectives
 The Federalist Papers argued for ratification
 Promised respect for state governments
 Promised that citizen’s rights would be protected
 The Anti-Federalist Papers argued against ratification
 Argued that the federal government would be too strong
 Claimed that citizens’ rights would be in danger
 The Bill of Rights
o Ratifying a Bill of Rights
 The Federalists were opposed to a Bill of Rights
 They thought that the Constitution was not taking any rights away
 They believed that these rights where already in the Constitution
 The Anti-Federalists supported a Bill of Rights
 They thought that the government could take away rights
 They believed that the Constitution did not guarantee these rights
 The Constitution said that nine of the thirteen states had to approve the
Constitution for it to become law.
 The Federalists needed nine states to vote “yes” on the Constitution
 The Anti-Federalists needed five states to vote “no” on the Constitution
 Northern states seemed to support the Constitution
 Some states worried about giving the national government so much
power
 Southern states were more divided over the issue
 They were unhappy with the Three-Fifths Compromise
 Some supported a Bill of Rights
 Still, nine states had ratified the Constitution by 1788
 The Constitution became law
 It was not supported by all states
o Freedom for all / Rights of the accused and imprisoned
 Why was the Bill of Rights created?
 To protect certain rights of citizens from government interference
o Some states called for it in their ratification of the Constitution
 Where did these ideas come from?
  Earlier documents that protected the rights of people and limited the
rights of the government
o England’s Magna Carta
o Virginia’s Declaration of Rights
 The First Amendment guarantees individual liberty in five areas
 Religion
o No church or religious organization can direct the government
o The government cannot make laws that officially establish a
religion
 Speech
o People can express their opinions in most circumstances
 Press
o The government cannot control the media publishers
 Assembly
o People can meet or gather peacefully
 Petition the government
o People can ask the government to fix a problem
 The Second Amendment guarantees the right to bear arms
 Americans interpret this amendment in different ways, including that:
o There should be no limits on owning and using guns
o States can make gun laws, but the federal government cannot
o Bearing arms is only the purpose of having a state militia
 The Third Amendment prevents the government from housing soldiers in
private homes during peacetime
 Housing soldiers in private homes is called quartering
 Britain made colonists house British soldiers before the Revolution
 The Fourth Amendment protects against unreasonable search and seizure by
the government
 Officials must:
o have a search warrant to search private property
o Identify the property to be searched and what they are looking
for
o Have probable cause
 The Fifth Amendment allows people to refuse to testify against themselves in
court
 This amendment also says that:
o A person cannot be punished without due process of law
o A person cannot go to trial twice for the same crime
 The Sixth Amendment protects the rights of people who are on trial in criminal
court, including the right to:
 Receive a speedy public trial by jur
 Be told what crime they are accused of
 Question witnesses brought against them and call witnesses for their
own defense
  be given the option of being represented by a lawyer
 The Seventh Amendment protects the rights of people on trial in civil
(noncriminal) court
 In cases involving over $20, a trial by jury is guaranteed
 Jury cases will not be retired unless there is a reason under the common
law
 The Eighth Amendment limits punishments for people accused of or guilty of a
crime
 Excessive bail and fines are not allowed
o Bail is money paid to get out of jail while awaiting trial
 Cruel and unusual punishment is banned
 The Ninth Amendment says that the rights protected by the Bill of Rights are not
the only rights Americans have.
 Limits the power of the federal government
 The Tenth Amendment guarantees rights and powers for the states.
 Limits the power of the federal government
 Newspaper Articles
o Federalist No. 46 explained why national and state governments are different.
 Was written by James Madison
 Argued that national and state governments should have different powers
 Said that the governments should work together
o Federalist No. 51 argued that the government and its citizens must watch over each
other
 Was written by Alexander Hamilton or James Madison
 Argued that people need the government to help society
 Said that people must control the government in return
o Anti-Federalists also published essays.
o “A Maryland Farmer” is an essay about the dangers of a strong national government.
 Was written in 1788 by “A Farmer”.
 Argued that the national government would hurt the states.
o In the fall of 1787, George Mason wrote a list of concerns about the new Constitution.
 He was very concerned about individual rights.
 He became known as “The Father of the Bill of Rights.”
 He argued that Americans deserved to have their rights clearly declared.