Popularity

The Constitution was not instantly popular, and ratifying it required 9/13 votes. A new, stronger government? Scary! Who thought it was a good idea and how did they convince others about it? Who thought it was a bad idea and what were they afraid of?

The Federalists and the Anti-Federalists

Federalists

Federalists wrote 85 essays on why the new Constitution is cool and good, actually. The 85 essays are together called The Federalist Papers

Leaders

• Alexander Hamilton (wrote most of the Federalist Papers)
• James Madison (“Father of the Constitution,” read two trunkfuls of books about government before the Constitutional Convention)
• John Jay (First Chief Justice of the Supreme Court)

Arguments

We need a stronger national government…

1. To give us order and security (look at Shay’s Rebellion!)
2. To improve international trade (look at what the British are doing to us!)
3. To control factions (groups of people who all have a common interest that might hurt the rights of others or hurt the community) (from Federalist no. 10)

Anti-Federalists

“This stronger government is a terrible idea! We just had a revolution against a strong government! Remember the Stamp Act? Remember the Quartering Act? REMEMBER THE TEA TAX?!”

Leaders

• Thomas Jefferson (Third president)
• Patrick Henry (“Give me liberty or give me death!” [the speech he gave to say the Americans should fight the British in 1775])
• George Mason (championed the Bill of Rights)

Arguments

1. Strong national government would crush state power
2. Strong national government would lead to tyranny
3. This Constitution doesn’t even have a Bill of Rights! They’ll trample on individual liberty!

“Ugh, Fine… We’ll Add a Bill of Rights.”

So ten amendments were added to the Constitution listing things that the national government CANNOT DO:

The Bill of Rights

1. The national government can’t make laws about the press, speech, peaceful assembly, or religion
2. The national government can’t make laws that take away my guns
3. The national government can’t make me give quarter to soldiers (remember the Quartering Act)
4. The national government can’t unreasonably search me
5. People have the right to remain silent (We don’t have to talk to the police)
6. People have the right to speedy and public trials (no keeping me in jail for 5 years while we wait for a trial)
7. People have the right to jury trials
8. The national government can’t do cruel and unusual punishments
9. The national government can’t use what the Constitution says to take away any other rights that have not been mentioned
10. Every power not enumerated in this Constitution is reserved for the states

New Government Limitations

The new government is limited, just like the old government (useful for CCOT), but the way it is limited is through the Bill of Rights, separation of powers, checks and balances

Separation of Powers

“Separation of powers” means breaking the different powers of the government into three branches:

1. The executive branch (the President)
2. The legislative branch (the Congress)
3. The judicial branch (the Supreme Court [and other courts])

What are Checks and Balances?

“Checks and balances” means that three branches keep each other from getting too much strong or doing something bad.

Examples of Checks and Balances

• The executive branch can veto laws the legislative branch creates
  • The President can say “No!” to a new law from Congress. But if Congress passes the law with enough votes, we do not need the President to say “Yes.”
• The legislative branch can impeach and remove a president or a judge
  • Congress can say “You’re fired!” To the President or to judges
• The judicial branch can declare a law or executive action unconstitutional
  • The Supreme Court can say “You can’t do that” to the President or to Congress.

CCOT: Continuity and Change over Time

Continuity 1

Both governments say they are built on popular sovereignty

Evidence

• The Articles of Confederation were made after the Declaration of Independence cites natural rights and said that good government has the right to govern because it has the “consent of the governed,” and the opening line of the Constitution is “We the People”

Continuity 2

Both governments are limited

Evidence

• Any of the many things the Articles of Confederation could not do (e.g., collect tax)
• The new constitution has checks and balances
• The new constitution has a Bill of Rights
• The new constitution has enumerated powers for the national government and reserved powers for the states

Change 1

Now, when a state law and a federal law conflict, the federal law wins.

Evidence

The “Supremacy” Clause. The “Supremacy” Clause says that when a state law and a federal law disagree, the federal law is the one that must be followed.

Change 2

The new constitution makes a dynamic national government which can (and does) get bigger with time

Evidence

• The “Necessary and Proper” Clause lets the federal government go beyond its enumerated powers when it needs to do something in its enumerated powers. The Constitution does not say that Congress can make a national bank, but it does say that Congress can regulate commerce. So the United States made a national bank because of the “Necessary and Proper” Clause