Explain why the Anti-Federalists opposed ratifying the Constitution.

Explain the role of Anti-Federalists in proposing a bill of rights.

Explain the key arguments of the Federalists and the process by which the Constitution was finally ratified.

The signed Constitution would only become official if ratified by 9 of 13 states.

The ratification process was explained in the Constitution in Article 7.

Public debate between the Federalists (supported) and Anti-Federalists (opposed) started once the Constitution was signed by the 39 delegates.

Anti–Federalists ◦ Opponents to ratification of the U.S. Constitution who believed that

it gave excessive power to the federal government and failed to protect the rights and liberties of the people.

Bill of Rights ◦ The first ten amendments to the U.S. Constitution. The Bill of Rights

lists many basic rights that the federal government may not interfere with and must protect. Nearly all these rights are now also protected from violation by state governments.

ratification ◦ (1) Formal approval of some formal legal instrument such as a

constitution or treaty. (2) In U.S. constitutional history, the approval of the U.S. Constitution in 1788 by the ratifying conventions held in each state, except for Rhode Island, which initially voted the Constitution down by popular referendum.

"new science of politics" ◦ James Madison's term in The Federalist for a study of politics utilizing reason,

observation, and history that would help the Founders construct a new government on a rational and informed basis.

faction ◦ (1) A small group within a larger group. (2) In its political sense, according to

James Madison in Federalist 10, a faction is a "number of citizens, whether amounting to a majority or a minority of the whole, who are united...by some common impulse of passion, or of interest, adverse to the rights of other citizens or to the permanent and aggregate interests of the community."

Federalists ◦ Advocates for a strong central government who urged ratification of the U.S.

Constitution. They flourished as a political party in the 1790s under the leadership of Alexander Hamilton. The party disappeared from national politics in 1816.

majority tyranny ◦ A situation in which a majority uses the principle of majority rule but fails to

respect the rights and interests of the minority. See also majority rule The Federalist

◦ A series of articles written for newspapers urging the adoption of the Constitution and supporting the need for a strong national government.

Ratifying conventions set up in each state ◦ Sole purpose was to debate and

approve/reject the Constitution

◦ Delegates elected by popular vote

9 States needed to ratify Constitution for it to go into effect

Example of Social Contract Theory

As soon as delegates released the proposal, opposition emerged.

Anti-Federalists published objections in newspapers and pamphlets ◦ Included: George Mason, Elbridge Gerry

Oppositions believed in reasoned discourse to educate citizens ◦ They drew on political philosophy ad history to make

arguments.

Americans read and discussed the arguments in their homes, coffeehouses, taverns and public meetings across the nation.

Representative gov’t could only work in small communities of people with similar beliefs

In large nations, gov’t no longer reflects wishes of most citizens, resorting to force to maintain authority

National gov’t will reduce power / role of local gov’t

Small, agrarian communities are more likely to have civic virtue than large, diverse nations

Strong national gov’ts needed in large nations have always destroyed republics

Each branch had potential for tyranny ◦ No adequate limit on Congress’ necessary & proper

clause

◦ President has unlimited power to grant pardons

◦ National courts could destroy state judicial branches

◦ Gov’t is not truly representative. House of Reps has only 65 members out of 3 million citizens.

National gov’t did not protect rights.

National gov’ts power is so general and vague that it is essentially unlimited.

Nothing keeps gov’t from violating all rights it does not explicitly protect.

State’s bill of rights does not protect against national government.

Bill of Rights would remind people of the principles of our political system.

Federalists acted quickly so that Ant-Federalists would not have a chance to organize opposition.

Over ten months of debate, Hamilton, Madison, and Jay published Federalist Papers to convince people to support ratification.

They presented Constitution as a well-organized, agreed-upon plan that reflected a “new science of politics.”

Most Americans agreed that large republics were unsuccessful

Madison creates new theory that factions are greatest danger ◦ Factions promote own self-interest at expense of

common good

◦ Majority tyranny could be combated w/ a republic

◦ Large republic’s would reduce large factions

◦ Representatives “refine” public views by filtering out ideas based solely on self-interest.

◦ Large republics would defeat dangers of faction.

Civic virtue alone will not protect people’s rights and promote their welfare. ◦ With many interests and factions in a large republic, none

would dominate

Constitution’s organization (Checks & Balances) promote goals of republicanism ◦ Electoral system would ensure qualified representatives ◦ Complicated system would prevent factions from serving own interests at expense of common good ◦ Difficulty to pass laws was a good thing

Representation of different interests in the government will protect basic rights ◦ In Legislative Branch:

House represents local interests

Senate represents state’s interests

◦ In Executive: President safeguards nation’s

interests

◦ In Judicial: Supreme Court ensures good

judgments since they are independence of politics, responsible only to Constitution.

By June 1788: 9 states voted to ratify. ◦ First: Delaware (considered 1st

state)

However, no NY or VA (needed: wealthy & populous)

Federalists agreed to add a Bill of Rights during first Congress, depriving Anti-Fed’s of their most powerful argument.

NC and RI eventually forced to ratify by 1790 or else be treated as foreign nations.

1. What process did the Philadelphia Convention devise for ratifying the Constitution and why?

2. Why did many of the writers in the debates over the Constitution use fake names when opposing the Constitution?

3. What philosophical ideas guided the Anti- Federalists’ opposition to a stronger national government? How did those ideas lead them toward specific objections to the Constitution?

4. What arguments did the Anti-Federalists make with regard to the need for a bill of rights?

5. What strategies did Federalists employ to win the struggle for ratification of the Constitution?

6. What is The Federalist? How and why was it written? What arguments did Federalists make to support the ratification of the Constitution?

7. What arguments did Federalists make to resist the demand for a bill of rights? Why did they eventually give in to this demand?