Writers of the Constitution studied other models of gov’t:
Magna Carta
British Parliament
British Bill of Rights
Enlightenment thinkers
Locke
Montesquieu
Greek Democracy
Roman Republic
Federalism: division of powers between the national government and states.
States had to give up some powers to national gov’t
Federal Powers:
power to tax
regulate trade control the currency raise an army, and declare war
Pass laws that were "necessary and proper".
•
State Powers:
control trade inside their borders set up local governments and schools establish marriage and divorce laws
Shared Powers:
Taxes and establish criminal justice system
Federal law is “Supreme law of the land.
Article I:
Legislative (lawmaking) Branch:
2 Houses: House of Representatives and the
Senate.
Establishes taxes
Prints money
Regulates trade
Article III:
Judicial Branch:
Supreme Court
Interprets law
Hears cases involving the Constitution, federal laws, and disputes between states.
Article II:
Executive Branch:
Carries out the nation's laws and policies.
President and vice president.
Electoral College votes for both
Federalists:
Supported the Constitution
Preferred federalism
Federalist Papers – written by John Jay
Tried to convince people to accept new constitution
Anti-Federalists:
Feared strong national gov’t
Believed federal gov’t would take away liberties fought for during the war.
Thought federal gov’t would only help wealthy few.
Wrote Anti-Federalist Papers
Many opposed the Constitution because there was no Bill of Rights – guaranteed protection of individual rights and freedoms.
Some states gave individuals rights but each state was different.
Many states would not accept new
Constitution without a Bill of Rights.
"There is not a declaration of rights, and the laws of the general government being paramount to the laws and constitutions of the several States, the declarations of rights in the separate States are no security."
—George Mason, "Objections to This Constitution of Government,"
September 1787
Ratify : formal agreement or to make something official
Dec. 7 th , 1787 – Delaware was 1 st state to ratify
June 21, 1788 – New Hampshire 9 th state to ratify
Making constitution the official law
New gov’t still wanted all states to agree
Some states would not ratify until Bill of Rights promised – so they did.
1791 – Bill of Rights amendment (change or addition to document) added to Constitution.