Federalists vs. Anti Federalists

DEBATE OVER CONSTITUTION!

But Why?

FEDERALISTS

• Favored ratification of Constitution• Favored Powerful federal (national

government)• Didn’t believe Bill of Rights was necessary

because federal power was necessary.• “The Federalist Papers” – Written by James

Madison, Alexander Hamilton, and John Jay. Addressed fears of many that they government would be too powerful. Said powers were limited and divided between 3 branches.

ANTI FEDERALISTS

•Opposed ratification of Constitution•Wanted a weak federal government

that would not threaten states rights.•Wanted a Bill of Rights to declare

and protect the rights of the people.

How was the debate resolved?- Ratification• Federalists promised addition of Bill of

Rights• Ratification (passing) of Constitution took

9 of 13 state votes.• Ratification succeeded, 1789• James Madison drafts 10 amendments

Constitution, Bill of Rights

Bill of Rights• To help get support for the Constitution,

rights of the people were added• Anti-Federalists worried that the

Constitution did not list states/citizen rights.

• Federalists said “Ratify now, amend later.”

• They guaranteed to add amendments that listed citizen rights as soon as the constitution was passed.

• Bill of Rights protects Americans from abuses of government power.

• 10 Amendments (changes) made in 1791

Thomas Jefferson’s Idea• Jefferson helped pass a law in

Virginia called the “Statute for Religious Freedom”

• Law said government could not support or restrict people’s religions

• Jefferson: “a wall of separation between church and state”

• Why would this matter to the American people?

• Became 1st Amendment in Bill of Rights: “Congress shall make no law respecting an establishment of religion.”

Federalism

• The national government controls the whole country

• The states have a right to control themselves too

• National government can’t make states do certain things

Enumerated (Federal) Powers• Declare war• Maintain armed forces• Regulate interstate and foreign

trade• Admit new states• Establish Post Offices• Set standard weights and

measures• Coin money• Establish Foreign Policy• Make all laws necessary and

proper for carrying out powers (Elastic Clause).

Reserved (State) Powers• Establish and Maintain

Schools• Establish local governments• Set corporate laws• Regulate business within the

state• Make Marriage laws• Provide for public safety• Assume other powers not

given to the federal government nor prohibited to the states.

Shared Powers

• Maintain Law and Order

• Levy Taxes• Borrow Money• Charter Banks• Establish Courts• Provide for public

welfare

Popular Sovereignty• Constitution is a

social contract with the people to create a government

• “We the people” begins the Constitution and 6 goals for the government are stated

Separation of Powers

• The Constitution created a separation of powers.

• Spread out government power between 3 branches.

• Created to make sure government did not become too powerful (like a monarchy).

Legislative Branch

• Congress would be representatives from the states

• Legislative Branch would MAKE the laws

Executive Branch• A president would

help rule the country

• Executive Branch would ENFORCE the laws

Judicial Branch

• A special group of judges would be given power

• Judicial Branch would JUDGE the laws

Checks and Balances

• The national government is split into branches

• Each branch can check and balance the power of the other branches

Checks and Balances: Legislative

• Can change the Constitution

• Can impeach (remove) Supreme Court justices

• Can pass laws without president’s approval

• Can impeach (remove) the president

Checks and Balances: Executive

• Can veto (refuse to approve) laws

• Can pick Supreme Court justices

Checks and Balances: Judicial• Can declare laws

unconstitutional• Can declare actions

of the president unconstitutional

Was it Enough?: Citizen’s Rights

• People wanted the rights of citizens protected in the Constitution

• Many states already had laws protecting rights

• What was created to protect the people?