Creating and Ratifying the Constitution

​ FEDERALISTS AND ANTIFEDERALISTS
What was the controversy over the Constitution?
The Constitutional Convention created a new government. But the new government could not become a reality until the nation’s voters approved it. The delegates to the Constitutional Convention decided on a plan for ratification, or official approval. Each state would hold a special convention. Voters in the state would elect delegates to the convention. The delegates would then vote to accept or reject the Constitution. If at least nine states approved the Constitution, it would become the law of the land.

​Federalists are supporters of the Constitution. They were led by George Washington and James Madison, and included merchants, skilled workers, and laborers. Federalists argued that the division of powers and the system of checks and balances would protect Americans from the abuses of a strong central government. Madison and other Federalists published The Federalist, a series of essays defending the Constitution. The essays provided an analysis and explanation of the Constitution, including the separation of powers and limits on the power of majorities. The ideas they express remain important today.

​Antifederalists are Opponents of the Constitution. They included heroes of the American Revolution, such as Patrick Henry and Samuel Adams, and were supported by people in rural areas, large states, and states with strong economies. They disagreed and offered a long list of abuses of power by a strong central government. These included a fear that the government would serve the interests of the privileged minority and ignore the rights of the majority. Antifederalists also raised doubts that a single government could manage the affairs of a large country. Their major argument, however, centered on the Constitution’s lack of protection for individual rights.
Letters from the Federal Farmer was written by Richard Henry Lee. It was the most widely read Antifederalist publication. Lee listed the rights the Antifederalists believed should be protected. They included freedom of the press and of religion, guarantees against unreasonable searches of people and their homes, and the right to a trial by jury.

​ THE BILL OF RIGHTS LEADS TO RATIFICATION
What rights does the Bill of Rights protect?
December 1787 - Delaware First State to ratify the Constitution
June 1788 - New Hampshire Ninth State to ratify the Constitution
July 1788 - New York & Virginia (large & influential state) ratified the Constitution 1789 - The Constitution became the basis for the new government
September 1789 - Congress approved 12 amendments
December 1791- the states ratified ten of the amendments

​Many Federalists eventually admitted that the Constitution needed a Bill of Rights to protect the nation’s citizens. They promised to add a Bill of Rights if the states ratified the Constitution. The Bill of Rights guaranteed Americans such rights as freedom of religion, speech, and the press. They protected citizens against having their homes searched and property seized without a proper reason. They also protected the rights of people accused of crimes. Finally, the Bill of Rights gave all powers not granted to the federal government to the people and the states. Not all Americans, however, enjoyed equal rights. Women were not mentioned in the Constitution. Native Americans and slaves were excluded. A growing number of free blacks also did not receive adequate protection from the Constitution.

​The Bill of Rights ( First 10 Amendments to the Constitution ) Amendment 1 - Freedom of Religion, Speech, and the Press Congress shall make no law respecting an establishment of religion or prohibiting the free exercise thereof or abridging the freedom of speech or of the press, or the right of the people peaceably to assemble and to petition the government for a redress of grievances.
Amendment 2 - The Right to Bear Arms A well-regulated Militia being necessary to the security of a free State, the right of the people to keep and bear Arms shall not be infringed.
Amendment 3 - The Housing of Soldiers No soldier shall, in time of peace, be quartered in any house without the consent of the owner, nor in time of war but in a manner to be prescribed by law. ns or things to be seized.

​Amendment 4 - Protection from Unreasonable Searches and Seizures The right of the people to be secure in their persons, houses, papers, and effects against unreasonable searches and seizures shall not be violated, and no warrants shall issue but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched and the persons or things to be seized.
Amendment 5 - Protection of Rights to Life, Liberty, and Property No person shall be held to answer for a capital or otherwise infamous crime unless on a presentment or indictment of a grand jury, except in cases arising in the land or naval forces, or in the militia, when in actual service in time of war or public danger; nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb; nor shall be

​compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property without due process of law; nor shall private property be taken for public use without just compensation.
Amendment 6- Rights of Accused Persons in Criminal Cases

In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial by an impartial jury of the state and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor; and to have the assistance of counsel for his defense.

​Amendment 7 - Rights in Civil Cases In suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved, and no fact tried by a jury shall be otherwise reexamined in any court of the United States than according to the rules of the common law.
Amendment 8 - Excessive Bail, Fines, and Punishments Forbidden Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.
Amendment 9 - Other Rights Kept by the People The enumeration in the Constitution of certain rights shall not be construed to deny or disparage others retained by the people.
Amendment 10 - Undelegated Powers Kept by the States and the People The powers not delegated to the United States by the Constitution, nor prohibited by it to the states, are reserved to the states respectively, or to the people.

​ CONTINUING RELEVANCE OF THE CONSTITUTION How has the Constitution changed over time? The U.S. Constitution is a “living” document, capable of meeting the changing needs of Americans. One reason for this capability is Article I, Section 8, which gives Congress the power “to make all laws which shall be necessary and proper.” This clause is referred to as the “elastic clause” because it stretches the power of the government. The framers of the Constitution included these powers to allow the authority of the government to change in the future. Examples of changes to the Constitution are the amendments concerning voting rights. Before voting rights amendments, white males were the only voters in America. The Fifteenth Amendment, ratified in 1870, gave voting rights to African American males. Almost a century later, in 1964, the Twenty-Fourth Amendment banned poll taxes.

​For many African Americans, this removed an obstacle to voting. In 1920 the Nineteenth Amendment guaranteed voting rights for American women, and in 1971 the Twenty-Sixth Amendment gave citizens 18 years and older the right to vote. Before this amendment, a citizen had to be 21 to vote in federal elections. The Constitution’s flexibility and adaptability have made it the lasting foundation of U.S. government. The ability to amend the Constitution helps preserve the rights of Americans as the world changes over time.