Wrapping up the Constitution!
Please have out “federalism” homework…
Federalism: http://www.youtube.com/watch?v=tlt6R1KD4E0
Amendment Process:
Ratifying the Constitution
RATIFICATION- official approval
Sept. 1787- submitted to conventions in each state – Why not state legislatures?
9 out of 13 must ratify"Fame" Announces Ratification of Constitution
The Debate begins
FEDERALISTS Support ratifying
the Constitution
ANTIFEDERALISTS- Oppose ratifying
the Constitution
Feds… Anti-Feds…
Washington
Madison
HamiltonR. H. Lee
Patrick Henry
Sam Adams
Hancock
http://www.youtube.com/watch?v=dAB3vAoilhw
FEDERALISTS- SUPPORT
RATIFICATION
ANTI-FEDERALISTS- OPPOSE RATIFICATION
Key leaders James Madison, John Jay, Alexander Hamilton, George Washington
George Mason, Mercy Otis Warren, Sam Adams,
Thomas JeffersonIs a large republic
possible?
Do we need a Bill of Rights?
Is the Constitution too vague?
Do we need a strong central government?
Federalists vs. Anti-Federalists
A of C too weak Stronger national gov. is needed safeguards are in place (federalism,
checks..) Fear “people”
New National gov. too strong States’ power, individual liberties are
threatened President too powerful Fear “government”
The Federalist Papers
85 essays by Hamilton, Madison, Jay published in papers to gain support for ratification
Explain political theory behind Constitution
Why Federalists win out
Articles unpopular; Shay’s Rebellion Anti-Feds- provide no option Feds- nationally organized “Star Power”- George Washington
– Assumed he will be first president; people trust him with power
*****Need for a Bill of Rights
Anti-Federalists demand “Bill of Rights” – Want basic freedoms spelled out
Arguments:– Against: no need for it; checks and
balances are there– For: gov. needs to be restrained; fear of
tyranny
Ratification
Federalists promise Bill of Rights to assure ratification
Summer 1788- NY and VA ratify New government forms in 1789
Adding the Bill of Rights
Bill of Rights- assure basic freedoms– 1st 10 amendments– Ratified 1791
Amend- “change” the Constitution
1st amendment
Freedom of speech, religion, press, assembly, petition
http://www.washingtontimes.com/news/2011/mar/2/supreme-court-oks-church-protest-military-funerals/?page=all
Second Amendment
Right to bear arms
http://www.wjla.com/news/stories/1107/474241.html&h=240&w=320&sz=22&hl=en&start=12&um=1&tbnid=ORKv3YpTLdIwTM:&tbnh=89&tbnw=118&prev=
Fourth Amendment
No unreasonable search and seizure
www.slate.com/id/2143983/
http://www.boston.com/news/local/articles/2007/11/17/police_to_search_for_guns_in_homes/
Fifth Amendment Gov’t needs an indictment of a Grand
Jury- – 12 to 23 citizens who decide if there is
enough evidence to go to trial Double Jeopardy- Accused may not be
tried twice for same crime Accused does not have to testify
– “pleading the fifth” Due process- same fair rules in all
cases Eminent domain- Gov’t can take your
property, but must pay youhttp://www.washingtonpost.com/wp-dyn/content/article/2005/06/23/AR2005062300783_pf.html
Sixth Amendment
Right to a JURY trial in criminal cases Right to a lawyer to defend you
Eighth Amendment
Judges cannot– Order excessive bail– Impose cruel and unusual punishment
Cruel and unusual?
Ninth Amendment
Government can’t claim that these are your ONLY rights– Part of Roe v. Wade– Woman’s right to “privacy”
10th Amendment
Any powers not specifically mentioned in the Constitution are delegated to the states– “FEDERALISM”– Medical marijuana in California…
http://www.apfn.net/Messageboard/06-07-05/discussion.cgi.45.html
Bill of Rights: 1st Amdmt: Freedom of Religion, Speech, Press,
Assembly, and Petition 2nd Amdmt: Right to Bear Arms 3rd Amdmt: Soldiers Quartered in homes 4th: Gov’t needs a search warrant 5th: rights of accused criminals (Due process) 6th: rights of accused criminals 7th: rights in civil trials 8th: rights of accused and convicted criminals 9th: there are more rights not listed 10th: any powers not included in const. are given
to states
Yes or No:
1-Should the government assist religious schools with money to buy textbooks?
2-Should a person be permitted to say anything at all about the government during wartime?
3-Should a newspaper that has received copies of secret government documents be allowed to publish them?
4-Should a group known for its anti-American statements be permitted to hold a rally?
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