With a written Constitution, complaints can now be made

With a written Constitution, complaints can now be made.

The AntiFederalists RiseThe Metamorphosis

Arguments:Congress would tax heavilySupreme Court would overrule State

CourtsPresident would command a large,

standing ArmyMontesquieu vs. MadisonThere MUST be a Bill of Rights

“The Federalist”

Brainchildren of James Madison, Alexander Hamilton, and John JayAll writing as “Publius”

Response to “Cato” and “Brutus”George Clinton and others

The FederalistWhy are we writing these?The Danger of Foreign PowersThe Danger of Domestic FactionsHandling the EconomyFailure of the Articles of ConfederationCommon Defense and the MilitiaTaxationWhat happened at the Convention?

The FederalistPowers given by the ConstitutionEffect of the Constitution on the StatesSeparation of PowersHouse of RepresentativesSenateExecutiveJudiciaryAnswering ObjectionsSummation 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 DebatesFEDERALISM

Sharing of powers between State and National GovernmentsThe original disagreementThe Civil WarThe Voting Rights ActDefense of Marriage Act

The Big DebatesJUDICIAL REVIEW

Did the Framers intend it?John Marshall (F) vs. Thomas Jefferson (D-R)Marbury v. MadisonMcCulloch v. Maryland

The Big DebatesSLAVERY

No mention in the ConstitutionHypocritical? (“All men are created equal.”)Economic?Just Practical?

3/5ths CompromiseEffect?

No import prohibitions until 1808Escaped 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 DebatesFRAMERS saw a logical difference in the talents

of men.The “worst” inequality was special political

privilegeBalance and Federal weakness were desirable

TODAY we see liberty and equality in conflictEconomic difference is the worst inequality.Federal Govt. must be strong to restrain this.

The Big DebatesHOW WILL WE AMEND THIS

CONSTITUTION?Proposing an Amendment:

2/3 of both Houses2/3 of State Legislatures

Ratifying an Amendment:¾ of State Legislatures Approve¾ of State Conventions Approve

Usually 7 Years ~ P2 Never ~ R2 only the 21st

Other ControversiesArticle I, Section 8, Final Provision:

Other ControversiesArticle 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 ControversiesArticle 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 ControversiesThe 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 ControversiesFederal – 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 ControversiesState – State Relations

“Full faith and credit”Citizens have “privileges and immunities”

Extradition

Other Controversies

State Options for Direct DemocracyInitiativeReferendumRecall

Other ControversiesArticle I, Section 8

Congress has the power “To regulate Commerce… …among the several States…”

Continuing QuestionsIncorporationDevolutionSocial Diversity

The pièce de résistanceBILL 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.