The Constitution
Objectives
• Summarize the arguments for and against
ratification of the Constitution.
• Describe how the Constitution was ratified.
• Explain the principles of the Constitution.
Terms and People
•
ratification – official approval
•
Federalist – a person who favored ratification of the new
Constitution of 1787
•
Antifederalist – a person who opposed ratification of the new
Constitution
•
The Federalist – a series of 85 essays, written primarily by
Alexander Hamilton and James Madison, that supported
ratification (The Federalist Papers)
Terms and People (continued)
•
John Jay – contributed 5 essays to The Federalist arguing for a
strong federal government
•
Bill of Rights – the first 10 amendments to the Constitution
guaranteeing individual rights
•
popular sovereignty – the principle that all government power
comes from the people
•
limited government – where the powers of the government
are specifically described and officials may not act above the
law
Terms and People (continued)
•
separation of powers – where political power is specifically
defined and divided between three branches of government
•
checks and balances – a system in which each branch of
government has the power to monitor and limit the actions of
the other two
•
electoral college – a group of persons chosen from each state
who then indirectly elect the president
How did Americans ratify the Constitution, and
what are its basic principles?
Although many delegates to the Constitutional Convention
felt the Constitution was imperfect, all but three delegates
signed it.
Would the states accept the proposed plan?
If not, what would become of the new nation?
The Constitution
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Preamble
Article I- Legislative Branch
Article II- Executive Branch
Article III- Judicial Branch
Article IV- The States
Article V- Amendment Process
Article VI- Constitution as Supreme Law of the
Land
• Article VII- Ratification
Powers of the Government
Articles of Confederation
-a loose alliance of states
-a one-house legislature
-no executive or judicial
branches
-only states could tax
-states could coin money
-no regulation of trade
between states
-most power held by the
states
Constitution
-a stronger national gov’t
-a two-house legislature
-legislative, executive, and
judicial branches
-Congress could also tax
-only national gov’t could
coin money
-national gov’t regulates
trade between states
-most power held by
national gov’t
The Constitution established a representative
government based on six principles.
How does the Constitution prevent
tyranny?
• Principles that prevent tyranny
– Popular Sovereignty
– Limited Government
– Federalism
– Separation of Powers
– Checks and Balances
• Popular Sovereignty- Government power
comes from the people (the consent of the
governed).
• Limited Government- The government only
has the powers that the Constitution gives it.
Government leaders are not above the lawthis is the idea of the “rule of law.”
Federalism
Delegated powers- Powers given to the federal
government
-coin money; regulate interstate trade; declare
war
Concurrent powers- Shared powers
-tax; maintain courts; borrow money
Reserved powers- Powers that remained with the
states
-establish schools; conduct elections
Separation of Powers
(Montesquieu’s idea)
Power is divided between three branches:
Executive Branch- enforces laws
Legislative Branch- makes laws
Judicial Branch- interprets laws
Checks and Balances
Each branch has the power to limit the actions of the other two
Executive-veto acts of Congress
-appoints federal judges
-may pardon someone convicted in a federal court
Legislative-may override presidential veto
-approves appointment of judges
-approves treaties
-may impeach the President or federal judges
Judicial-may interpret treaties
-may declare executive acts unconstitutional
-may interpret laws
-may declare laws unconstitutional
Executive
Legislative
Judicial
By drafting a new Constitution, the delegates
had exceeded their mandate to amend the
Articles.
Not expecting passage in all 13 states, they
changed the rules for ratification:
• to be by special conventions in each state,
not by state legislatures
• required approval of only 9 states
• They stressed the
weaknesses of the Articles.
Federalists
favored the
Constitution.
• They argued that only the
proposed Constitution could
remedy these weaknesses.
• They were led by James
Madison and Alexander
Hamilton who, along with
John Jay, published a
series of essays called The
Federalist.
In Federalist No.10 and Federalist
No. 51,
Madison argued that a strong
national government and the
Constitution’s system of checks
and balances would strengthen
liberty.
In Federalist No. 78, Hamilton
wrote of the importance of a
judicial branch to protect liberty.
A copy of The Federalist
signed by George Washington
The two most trusted Americans George
Washington and Benjamin Franklin favored
ratification.
Frontiersmen felt a stronger government
provided protection against the Native
Americans and the British in the Northwest.
Artisans in the cities and most newspapers
supported ratification as well.
• They feared a loss of
liberties and distrusted
the absence of a bill of
rights.
Antifederalists
were
opponents of
ratification.
• They feared concentration
of power in a distant elite,
believing instead that
power should remain in
democratically elected
state governments.
• Leading Antifederalists
included Samuel Adams,
John Hancock, and Patrick
Henry.
Antifederalists included many farmers.
• They feared the Constitution threatened state debtor
relief laws that rescued many from foreclosure.
• Farmers also distrusted lawyers, merchants, and the
wealthy, who were largely Federalists.
Federalists
Anti-Federalists
• Competing interests in a
large republic would
ensure that no one group
would be able to ignore
the rights of everyone
else.
• A strong gov’t is needed
for protection from
foreign nations
• A strong gov’t is needed
to pay the nation’s debts
and provide a stable
currency
• Republican gov’t works
better in smaller areas
• Government should be
close to the people
• Citizens rights should be
listed
• Vague wording might lead
to an abuse of power
The Federalists pushed for fast approval.
By midJanuary
1788, five
states had
ratified, but
nine states
were needed.
Federalists
gained the
support of
Massachusetts
Gov. John
Hancock by
hinting he may
be picked as
the first vice
president.
When the
Federalists
agreed to add
a bill of
rights, four
more states
quickly
ratified.
While nine states were the minimum, the two
largest states, Virginia and New York, were
necessary for the nation to survive.
Virginia finally
ratified, despite
Patrick Henry’s
opposition.
New York ratified
after New York City
threatened to secede
from the state.
New York City celebrated ratification
with a parade.
Ratification
• 9 states needed to ratify
• Special state conventions were used
• Federalists supported ratification of the
Constitution
• Anti-Federalists opposed ratification
Factors that contributed to the
ratification of the Constitution
• The Federalists had a well organized campaign
– Federalist Papers- a series of articles written by
James Madison, Alexander Hamilton and John Jay
• George Washington and Ben Franklin, two of
the most trusted people in America,
supported ratification
• Federalists eventually promised to add a bill of
rights
• The Constitution was ratified by the ninth
state (New Hampshire) in 1788
– Delaware was the first (Dec. 1787) and Rhode
Island was the last (1790)
Congress convened in New York’s Federal Hall
on March 4, 1789 to:
• Elect a first president (George Washington) and vice
president (John Adams).
• Add a Bill of Rights.
The last two states, Rhode Island and North Carolina,
now reconsidered earlier rejections and ratified as
well, bringing the total to 13 states.
• He used Virginia’s Bill of
Rights as a model.
James Madison was
assigned
to create a Bill of
Rights.
• Madison avoided any
statements about equality
that might offend the slave
states.
• Ten amendments guaranteed
individual freedoms.
• To prevent future abuse or
limitations on freedom, any
unmentioned rights were
retained by the people.
The Bill of Rights