Bell Ringer . Explain this quote in your own words “ If men were angels, no government would be necessary. If angels were to govern men, neither external or internal controls on government would be necessary ” ~ Federalist No. 51. AGENDA . Bell Ringer PowerPoint Debate.
Explain this quote in your own words
“If men were angels, no government would be necessary. If angels were to govern men, neither external or internal controls on government would be necessary”
~ Federalist No. 51
WTP 2 Lesson 18
Students will be able to:
Explain why the ratification process was important
Describe the arguments for and against approving the Constitution
Explain why the Federalists agreed to a Bill of Rights
- People deciding would make the plan (made in secrecy) more legitimate.
“ We The People…do ordain and establish this Constitution” ~ Preamble of the Constitution
- According to natural rights philosophy expressed here and in the Declaration, people have to provide the “consent of the governed” in order for a government to be legit.
“The Ratification of the Conventions of nine States, shall be sufficient for the Establishment of this Constitution between the States so ratifying the Same.”
The proponents of the Constitution took the name "Federalists.“ emphasizing the idea of federalism provided by the document.
In response to the “Anti-Federalist papers” John Jay, Alexander Hamilton and James Madison wrote “the Federalist Papers” under the pen name “Publius” to convince the people of NY to ratify the document.
Perhaps of far greater importance were the Federalist stances of George Washington and Ben Franklin, two prominent figures.
Many prominent Americans were called “anti-federalists” because they opposed “federalists”.
"The Anti-Federalist Papers” written by people using pseudonyms "The Federal Farmer," "Cato," "Brutus," and "Cincinnatus“
Richard Henry Lee
Mercy Otis Warren
“Congress may, even in time of peace, raise an army of 100,000 men…[force people to house them]…in order to serve as “necessary and proper” instruments in executing their decrees.”
The Anti-Federalist concern about housing soldiers is addressed in the 3rd Amendment.
“[To enforce its laws] Congress can call all the militia of as many states as they think proper, and keep them in actual service, without pay, as long as they please, subject to the utmost rigor of military discipline, corporal punishment, and death itself not excepted.”
Anti-federalists were afraid that the government would have the power to use militias to enforce unpopular laws.
When the governor of Arkansas refused to implement school desegregation, President Eisenhower sent in federal troops and federalized the Arkansas National Guard to enforce the ruling.
“Congress may levy and collect capitation to what amount they shall think proper; of which the poorest taxable in the state must pay as much as the richest.”
Congress could impose a flat tax of their choosing on everyone, rich or poor. Congress chose to establish income tax with the 16th Amendment.
“Congress may, under the sanction of that clause in the constitution which empowers them to regulate commerce, authorize the importation of slaves, even into those states where this iniquitous trade is or may be prohibited by their laws or constitutions.”
CONGRESS CAN ALLOW THE IMPORTATION OF SLAVES INTO STATES WHICH FORBID IT
The Congress banned the importation of slaves as soon as it was constitutionally able to do so, in 1808. No state was required to allow slaves contrary to their own laws or constitutions, until the Dred Scott case illustrates that this concern was real.
“Congress may…impose so heavy a stamp duty on newspapers and other periodical publications, as shall effectually prevent all necessary information to the people through these useful channels of intelligence.”
CONGRESS COULD TAX NEWSPAPERS SO MUCH THAT NO ONE WOULD BE ABLE TO AFFORD TO READ THEM AND STAY INFORMED AS VOTERS
This was a real concern, especially considering the Stamp Act that the British has imposed on the colonies. The 1st Amendment protects freedom of speech and press.
“Congress may, by imposing a duty on foreigners coming into the country…also that of our own citizens to any other country.”
CONGRESS CAN PREVENT IMMIGRATION TO AND EMMIGRATION FROM THE US.
Congress could effectively close the borders to immigration, and as a matter of policy has strictly regulated the immigration of people from certain countries for centuries — limitations that continue today.
“Congress may withhold, as long as they think proper, all information respecting their proceedings from the people.”
The Constitution requires that the Congress keep journals and publish them "from time to time." The definition of "time to time" might have allowed the publication of journals to be delayed for a long time, but today, with the Internet, "time to time" means no more than 24 hours.
“Congress may order the elections to be held in the middle of winter, at the city of Philadelphia; by which means the inhabitants of nine-tenths of the state will be effectually deprived of the exercise of their right of suffrage.”
CONGRESS DECIDES WHEN & WHERE WE GET TO ELECT THEM, THIS WILL KEEP PEOPLE FROM VOTING
Congress does have the power to alter state plans for time, place, and manner of election, though it has set a national date for elections. It is still possible that the Congress could exercise this power.
“Trial by a jury of the vicinage is not secured by the constitution. A crime committed at Fort Pitt(sburgh) may be tried by a jury of the citizens of Philadelphia.
These concerns were addressed by the 6th and 7th Amendments.
“Congress may, if they shall think it for the "general welfare," establish an uniformity in religion throughout the United States. Such establishments have been thought necessary, and have accordingly taken place in almost all the other countries in the world, and will no doubt be thought equally necessary in this.”
CONGRESS CAN FORCE YOU TO WORSHIP WHOMEVER THEY WANT
This concern was addressed by the 1st Amendment.
“No state can encourage its own manufactures either by prohibiting or even laying a duty on the importation of foreign articles.”
This is true — but importers would have had to contend with thirteen different sets of regulations, which is the way things worked under the Articles of Confederation.
To get support for ratification, Federalists agreed to include the 1st ten amendments to the Constitution.
1. Explain why the ratification process was important
2. Describe a argument for and against approving the Constitution
3. Explain why the Federalists agreed to a Bill of Rights
Using the arguments on pgs. 160-161, your group will answer
WescomDEBATE: Would our class ratify the new constitution?
Q3 RebuttalDEBATE: Would our class ratify the new constitution?
For each question, each side is responsible for a two-minute argument and a rebuttal (response) to the argument. Individuals should be assigned to each task.