Drafting the Constitution Writing it was the easy

Drafting the Constitution

Writing it was the easy part • After being adopted by the Cont. Congress in 1787, it had to be ratified by 9/13 states. • Quickly, the “FEDERALISTS” supported ratification, and “ANTI-FEDERALISTS” went against it.

“Federalist Papers” • Alexander Hamilton, John Jay, & James Madison • More than 80 were written on 2 topics: Why the Articles were terrible, & why the new gov’t would work well

In detail… • Checks & balances: No branch would have more power than another. • Federalism: The national gov’t would have some powers, the state govts would have others; some powers would be shared • “Republican Form of Gov’t”: Democracy COULD work in a large nation because competing interests would keep any 1 group from dominating power.

“Anti-Federalist Papers” • Mostly guys no one has ever heard of • Worried that there were few protections of individual rights; that the president could call up state militias to overthrow states; that nat’l gov’t would keep down the states; small states would have no power… and might threaten slavery

Other Sources of Wisdom • The framers also cited these documents: – The Magna Carta (1215): Established rule of law; said the people do have power over rulers – English Bill of Rights (1689): Freedom of speech, prohibition of cruel punishments; right to keep arms; no taxes without people’s permission – Northwest Ordinance (1787): Duh!

The Constitution itself • Article I: Establishes 3 branches of govt: Executive, Legislative, Judicial. Says Legislative - Congress - will have two branches – Sec. 2: Sets up the House. Says people will elect them; members will be apportioned by population of state; 2 -year terms, leader will be the “Speaker of the House” – Sec. 3: Sets up Senate. State legislatures will elect them; 2 members per state; 6 yr terms; leader will be the Vice President

– Sec 7: How bills become law. All must pass both houses in exact same form. Then they go to President. He can sign, or veto. If he vetoes, Congress can override veto with 2/3 majority – Sec 8: Powers of Congress: Maintain army & navy, create courts, regulate commerce between states; declare war, raise money, print money. Elastic clause allows it to pass any law needed to carry those out.

– Sec 9: Limits on Congress: No suspension of habeas corpus; no bills of attainder; no ex post facto laws; no state gets preferential treatment. – Sec 10: States can’t print money, declare war, tax stuff from other states, or have navies

• Article 2: Establishes Executive. Sets presidential term at 4 yrs. Says Electoral College will choose. Makes Pr. The commander in chief of armed forces; gives him a Cabinet to advise; lets him make treaties, pick judges, be head of state, and carry out laws

• Article 3: Sets up judiciary. Says judges serve for life. Are named by president, approved by Senate. Establishes the Supreme Court. • Article 4: Says ALL contracts MUST be honored from one state to another.

All of this was well & good… • But what about protecting people’s rights?

1 st Amendment • • • Freedom of religion Freedom of speech Freedom of the press Freedom of assembly Freedom to petition the govt

2 nd Amendment • Right to own guns; establish a militia

3 rd Amendment • You don’t have to provide food and shelter for troops

4 th Amendment • Govt has to have a warrant to search or take your stuff

5 th Amendment • Right to remain silent • Govt must follow due process • Cant be tried for the same crime twice

6 th Amendment • Speedy trial • Trial by jury • You must be allowed to have a lawyer

7 th Amendment • You get a jury trial for civil cases, too

8 th Amendment • No cruel or unusual punishment • No insane bail requirements

9 th Amendment • These aren’t the only rights you have

10 th Amendment • Any power not SPECIFICALLY granted to the federal govt belongs to the states!

The Debate • Both sets of papers were published, and influenced how people saw the Constitution • Most saw the Federalist logic; many also thought Anti-Feds were right about individual rights protection