With a written Constitution,
complaints can now be made.
The AntiFederalists Rise
 The Metamorphosis
 Arguments:
 Congress would tax heavily
 Supreme Court would overrule State Courts
 President would command a large, standing
Army
 Montesquieu vs. Madison
 There MUST be a Bill of Rights
“The Federalist”
 Brainchildren of James Madison, Alexander
Hamilton, and John Jay
 All writing as “Publius”
 Response to “Cato” and “Brutus”
 George Clinton and others
The Federalist
 Why are we writing these?
 The Danger of Foreign Powers
 The Danger of Domestic Factions
 Handling the Economy
 Failure of the Articles of Confederation
 Common Defense and the Militia
 Taxation
 What happened at the Convention?
The Federalist
 Powers given by the Constitution
 Effect of the Constitution on the States
 Separation of Powers
 House of Representatives
 Senate
 Executive
 Judiciary
 Answering Objections
 Summation for Ratification
Important Federalist Papers
 #10 ~ How a large republic prevents control by special
interests. (Madison)
Important Federalist Papers
 #10 ~ How a large republic prevents control by special
interests. (Madison)
 #14 ~ Why the US is suited for a constitutional
republic. (Madison)
Important Federalist Papers
 #10 ~ How a large republic prevents control by special
interests. (Madison)
 #14 ~ Why the US is suited for a constitutional
republic. (Madison)
 #23 ~ Why we need an “energetic” government.
(Hamilton)
Important Federalist Papers
 #10 ~ How a large republic prevents control by special
interests. (Madison)
 #14 ~ Why the US is suited for a constitutional
republic. (Madison)
 #23 ~ Why we need an “energetic” government.
(Hamilton)
 #39 ~ Federalism explained. (Madison)
Important Federalist Papers
 #10 ~ How a large republic prevents control by special
interests. (Madison)
 #14 ~ Why the US is suited for a constitutional
republic. (Madison)
 #23 ~ Why we need an “energetic” government.
(Hamilton)
 #39 ~ Federalism explained. (Madison)
 #51 ~ Checks and Balances. (Madison)
Important Federalist Papers
 #10 ~ How a large republic prevents control by special
interests. (Madison)
 #14 ~ Why the US is suited for a constitutional
republic. (Madison)
 #23 ~ Why we need an “energetic” government.
(Hamilton)
 #39 ~ Federalism explained. (Madison)
 #51 ~ Checks and Balances. (Madison)
 #70 ~ The case for a strong President. (Hamilton)
Important Federalist Papers
 #10 ~ How a large republic prevents control by special






interests. (Madison)
#14 ~ Why the US is suited for a constitutional
republic. (Madison)
#23 ~ Why we need an “energetic” government.
(Hamilton)
#39 ~ Federalism explained. (Madison)
#51 ~ Checks and Balances. (Madison)
#70 ~ The case for a strong President. (Hamilton)
#78 ~ The use of Judicial Review. (Hamilton)
Important Federalist Papers
 #10 ~ How a large republic prevents control by special







interests. (Madison)
#14 ~ Why the US is suited for a constitutional republic.
(Madison)
#23 ~ Why we need an “energetic” government. (Hamilton)
#39 ~ Federalism explained. (Madison)
#51 ~ Checks and Balances. (Madison)
#70 ~ The case for a strong President. (Hamilton)
#78 ~ The use of Judicial Review. (Hamilton)
#84 ~ Why we don’t need a Bill of Rights. (Hamilton)
The Big Debates
FEDERALISM
 Sharing of powers between State and
National Governments




The original disagreement
The Civil War
The Voting Rights Act
Defense of Marriage Act
The Big Debates
JUDICIAL REVIEW
 Did the Framers intend it?
 John Marshall (F) vs. Thomas
Jefferson (D-R)
 Marbury
v. Madison
 McCulloch v. Maryland
The Big Debates
 SLAVERY
 No mention in the Constitution
 Hypocritical? (“All men are created equal.”)
 Economic?
 Just Practical?
 3/5ths Compromise
 Effect?
 No import prohibitions until 1808
 Escaped slaves must be returned (property)
The Big Debates
 “The Framers chose to sidestep the issue in order to
create a union that, they hoped, would eventually be
strong enough to deal with the problem when it could
no longer be postponed.” (p. 39)
 What effects did this choice have on long-term U.S.
history?
 Was this a cowardly choice?
The Big Debates
 FRAMERS saw a logical difference in the talents of
men.
 The “worst” inequality was special political
privilege
 Balance and Federal weakness were desirable
 TODAY we see liberty and equality in conflict
 Economic difference is the worst inequality.
 Federal Govt. must be strong to restrain this.
The Big Debates
 HOW WILL WE AMEND THIS CONSTITUTION?
 Proposing an Amendment:
 2/3 of both Houses
 2/3 of State Legislatures
 Ratifying an Amendment:
 ¾ of State Legislatures Approve
 ¾ of State Conventions Approve
 Usually 7 Years ~ P2 Never ~ R2 only the 21st
Other Controversies
 Article I, Section 8, Final Provision:
Other Controversies
 Article I, Section 8, Final Provision:
 Congress has the power “To make all Laws
which shall be necessary and proper for
carrying into Execution the foregoing
Powers…”
Other Controversies
 Article I, Section 8, Final Provision:
 Congress has the power “To make all Laws
which shall be necessary and proper for
carrying into Execution the foregoing
Powers…”
 The so-called “Elastic Clause”.
 So much for Enumeration!
Other Controversies
 The Nullification Controversy
 Madison and Jefferson claim that States can
declare acts of Congress “unconstitutional”
 Original case about Free Speech not heard
 John C Calhoun uses it in reference to Slavery
 Settled by the Civil War and subsequent
Supreme Court cases
Other Controversies
 Federal – State Relations
 All protected equally.
 Will not be broken up.
 New states may be admitted.
 Taxes will be uniform.
 Senate will ALWAYS be 2 per State.
Other Controversies
 State – State Relations
 “Full faith and credit”
 Citizens have “privileges and
immunities”
 Extradition
Other Controversies
 State Options for Direct Democracy
 Initiative
 Referendum
 Recall
Other Controversies
Article I, Section 8
Congress has the power “To
regulate Commerce… …among
the several States…”
Continuing Questions
Incorporation
Devolution
Social Diversity
The pièce de résistance
 BILL OF RIGHTS
 Madison wrote it, based on the VA Declaration of Rights
he and George Mason had written in 1776.
 It was designed to LIMIT the Federal Government’s
powers.