Ratification of the Constitution

Requirements of Ratification• adopted September 17, 1787• 9 of 13 states must ratify before it can be law

- Convene special state conventions- vote yes or no- no changes can be made until after

9/13 had ratified = law

• March 4, 1789 new government begins operation

Ratification of the Constitution

Date State Votes Yes No

1 December 7, 1787 Delaware 30 0

2 December 12, 1787 Pennsylvania 46 23

3 December 18, 1787 New Jersey 38 0

4 January 2, 1788 Georgia 26 0

5 January 9, 1788 Connecticut 128 40

6 February 6, 1788 Massachusetts 187 168

7 April 28, 1788 Maryland 63 11

8 May 23, 1788 South Carolina 149 73

9 June 21, 1788 New Hampshire 57 47

10 June 25, 1788 Virginia 89 79

11 July 26, 1788 New York 30 27

12 November 21, 1789 North Carolina 194 77

13 May 29, 1790 Rhode Island 34 32

Anti-Federalists• against ratification of the Constitution• prominent members

- Patrick Henry, George Mason, Thomas Paine• arguments

- It gave too much power to the national govt at the expense of the state govts.

- There was no bill of rights. - The national government could maintain an army in

peace. - Congress, because of the `necessary and proper

clause,‘ wielded too much power. (example taxing)

- The executive branch held too much power - power was held by an aristocratic elite!

Federalists• in favor of the Constitution• prominent members

- Madison, Hamilton, Washington, Franklin• argued

- The separation of powers into three independent branches protected the rights of the people. Each branch represents a different aspect of the people, and because all three branches are equal, no one group can assume control over another. - A listing of rights can be a dangerous thing. If the national government were to protect specific listed rights, what would stop it from violating rights other than the listed ones? Since we can't list all the rights, the Federalists argued that it's better to list none at all.

Federalist Papers• 85 letters

- published in newspapers (NY 1st)• under the name "Publius."

- James Madison, Alexander Hamilton, John Jay

• explained the new Constitution • answered the charges of the Anti-

Federalists

Bill of Rights• drafted by James Madison• influenced by

- 1776 Virginia Declaration of Rights written by George Mason

- English Bill of Rights- natural rights

• officially became a part of the Constitution in 1791

Bill of Rights• first ten amendments • outlines the rights of the citizens

•The only reason the constitution was ratified was because of a promise of a Bill of Rights!

- Massachusetts- Virginia- New York

1st Amendment

• Religion• Assembly• Press• Petition• Speech

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

2nd Amendment

• well regulated militia

• keep and 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

3rd Amendment

• no quartering 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.

4th Amendment

• no illegal search and seizure

• must have a search warrant

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.

5th Amendment

• Rights of the Accused• must be indicted by

grand jury• no double jeopardy• protects from self

incrimination• eminent domain

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

6th Amendment

• speedy trial• impartial jury• informed of

charges• call witnesses• cross examine

witnesses• lawyer

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.

7th Amendment

• civil cases over $20 get a jury trial

• common law

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.

8th Amendment

• no excessive bail• no cruel and

unusual punishment

Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.

9th Amendment

• enumerated rights- we have rights not listed in Constitution

The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people

10th Amendment

• powers reserved to states

• federalism = share powers between state and national government

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