1. Ratifying the
U.S. Constitution

2. US Constitution
 Ratification
…to ratify or not to ratify…
 that is the question
Political debates—ratification brought
about the biggest political debate in
U.S. history!
 Federalists v Anti-Federalists

3. US Constitution
 Federalists
 For ratification
 Explained why this constitution was
good through a series of published
essays called “The Federalists Papers”
 Some essays were published in
response to essays against ratification
by a group (who were later called) the
Anti-Federalists

4. Federalists
Why should this Constitution be ratified?
 Promises a Republican form of government
 Controls the factions (what are factions?)
 Broadens public opinion
 Provides for the best interest of the country
 Makes it difficult for corruption to be successful
 It is structured in a way that solves future
problems

5. Federalists
 Structured in a manner where the people
have all the power and the government is
limited and checked through
 Separation of powers
 Federal system
 Independent judicial branch

6. Federalists
Separation of powers
 Madison #51:
 “If men were angels, no government would be necessary.
If angels were to govern men, neither external (the
people) nor internal (checks/balances) controls on
government would be necessary.”
 “You must first enable the government to control the
governed; then oblige it to control itself.”

7. Federalists
Federal System
 Madison #51:
 Two distinct governments
 Further divided by distinct separate departments
 The different governments will control each
other as well as itself

8. Federalists
Independent Judicial Branch
 Madison #51:
 If a majority be united by a common interest,
the rights of the minority will be insecure
 By creating a power independent of the society,
judicial branch, can secure the interest of the
minority

9. Federalists
 The Constitution is a Bill of Rights
 Provides provisions to protect liberties
 Impeachment; habeas corpus (will not be
suspended); no bill of attainder and no ex post
facto laws; no title of nobility; jury trials
 A Bill of Rights are stipulations between kings
and their subjects
 Kings giving some power to give subjects some
rights—like with the Magna Carta

10. Federalists
 This Constitution, the people surrender nothing
 Its an agreement between equals
 Government’s power is stated with the
enumerated powers (Article 1 section 8)
 Listing a Bill of Rights implies the government
has more power than what’s listed
 Example: government can’t regulate religion
because it’s not listed
 Therefore, the Constitution is a Bill of Rights

11. Anti-Federalists
Reasons NOT to ratify Constitution
 Structure of the government is flawed
Proper and necessary clause (implied powers)
Gives too much power
(Article 1 section 8 clause 18)
Eventually annihilate the powers reserved to
the States
Reduce the government to one (1)
Most important power—taxing
Legislative power to issue and raise taxes is not
limited…

12. Anti-Federalists
Reasons NOT to ratify Constitution
Structure of the government is flawed
 Senate terms of office is too long
Representatives will forget about the
people’s interest and begin to feel
independent
 Senators will gain powerful friends and use
them to continue in office—for life

13. Anti-Federalists
Reasons NOT to ratify Constitution
Structure of the government is flawed
Judicial branch becomes the supreme power
 Fixed salaries
 Serve for life
 No power above them to control branch
 Independent of the people (the people do not vote for justices on
the Supreme Court)
 Decisions are final—therefore, independent of the legislature

14. Anti-Federalists
Judicial branch becomes the supreme power
If power rests with the people, then the
supreme controlling power should be the
choice of the people
If a constitution is a compact of the people
with their rulers
Then if the ruler breaks the compact, the
people have the right to remove them
But not the Supreme Court judges

15. Anti-Federalists
Structure of the government is flawed
Judges should have knowledge of the law
According to the Constitution, there are no
stipulations that a Supreme Court justice should
be a lawyer or even know law

16. Anti-Federalists
Bill of Rights
In a state of nature, the strong prey on the
weak
Therefore, the people’s rights should be
expressed in the constitution
The government should be limited from
oppressing the people—a fixed barrier
States have a Bill of Rights
It is suspicious that the national government
would not state these rights

17. Anti-Federalists
Bill of Rights
 The people must be protected from the government
That protection must be in written form
If not, it leaves no recourse for a revolution
Where is the security that one will be given a
description of the charges against him?
Or produce evidence in his favor?
Or face witnesses?
Or a right to counsel?

18. Anti-Federalists
Bill of Rights
Without an expressed Bill of Rights
The implied powers could take away rights
reserved to the people

19. US Constitution
 In order to get the new constitution
ratified…
Federalists agreed to add a Bill of
Rights

20. US Constitution
 Amendments
 124 amendments were proposed
 Only 12 passed Congress
 Only 10 were ratified by the states
 Bill of Rights were added to the
Constitution as the first 10
Amendments