Constitution Debate, pg. 1 of 1 Federalists and Antifederalists January 25, 2011 Biographies of the Nation Danice Toyias, danice.toyias@mchce.net Lesson Topic and Focus This lesson utilizes what I call the three C s analysis of the Constitution debate, including determining the position of the Federalists, the Anti-Federalist and the nature of Federalism. It is designed to follow a study of the Articles of Confederation. Students should know what some of the problems with the Articles were before beginning this lesson. At the end of the activity, students will understand the different attitudes and feelings Americans had towards the ratification of the Constitution. Additionally, students will begin to understand the nature of political parties and the conflict around Thomas Jefferson being elected president. Essential Understandings/Standards Addressed (BPS) H.2.0/C.2.0 Students understand that the foundations of the American political system based on the U.S. Constitution and the Bill of Rights were created and revised during the early national era (1787-1815). o C.2.1 Students understand that numerous contentious issues were addressed during the creation and ratification of the United States Constitution including the Great Compromise, the 3/5ths Compromise, and the creation of the executive branch. o C.2.2 Students understand that there are basic organizational principles outlined in the Constitution including checks and balances, separation of powers, federalism, etc. o C.2.3 Students understand that the amendments contained in the Bill of Rights protect freedoms affecting citizens today. (Arguments for the addition of a Bill of Rights is addressed in this activity.) o C.2.5 Students understand that political parties develop in the 1790s because of differing opinions about the role of the government and the future of the United States. Essential Question(s) 1. What were the positions of the Federalists regarding ratification of the Constitution? Why did they feel as they did? 2. What were the positions of the Anti-Federalists regarding ratification of the Constitution? Why did they feel as they did? 3. In the creation of the new government, how were these concerns compromised? 4. In addition to the Bill of Rights, how did Federalism attempt to consolidate the differences? Lesson Activities and Sequence 1) Review the 3 C s approach to historical thinking a. Context (timeframe, timeline, place in history or historical study) b. Content (historical narrative What is happening, who is involved, what are their arguments?) c. Conclusions ( What is going on here? Elliott West If there is a conflict, why is there a conflict? Try to understand the feelings of both sides. If there is a resolution, did it seek to address the main issues of both sides? Did the resolution solve the conflict, or did the conflict continue? What were the ripple effects or unintended consequences? 2) Go over the Context in class View the Constitutional Debate Timeline. Students take notes.
3) Go over the Content Give a brief history of the people and positions. 4) Hand out the note cards with quotes from the Federalist and Antifederalist papers. Have students highlight or underline the argument. What is the author in the quote trying to convince his audience? Students then pretend to be their person. They need to determine if their person is a Federalist (for) or Antifederalist (against). 5) Students should circle the room and ask each other questions to determine what other students think about the Constitution. Pretend they are at a conference. They need to try and speak to everyone in the class. a. Protocol: A student approaches another student and asks What do you think of this new document, the Constitution? Why? In all encounters, the student asking the question cannot respond with their opinion. They must go onto someone else before talking with the student that initially asked. b. On the back of the note card, students make two columns FOR ratification and AGAINST ratification. They write responses in those columns. 6) At the end of the press conference, have students divide up into the FOR groups and AGAINST groups. Have them determine if they are Federalists or Antifederalists. Have them identify how the Constitution set up the Federal system. What might characteristics of the federal system look like based on the arguments presented? Context 1777: Articles of Confederation (Key points loose confederation, wary of central government, gave the United States no real power over the united states, no executive, no ability to tax). Ratified in 1781. 1787: Constitutional Convention (initially met to revise the Articles, ended up writing a whole new document. Many questioned the legality of doing such a thing.) 1787-1788: Constitutional Debates 1789-1797: George Washington, 1 st President (Federalist) 1790: Rhode Island finally ratifies the Constitution, bringing an end to the Constitutional Debate. 1791: First ten amendments to Constitution 1797-1801: John Adams, 2 nd President (Federalist) (Thomas Jefferson, VP) 1801-1809: Thomas Jefferson, 3 rd President (Republican) Content The debate over the ratification of the Constitution was fierce. The Federalists were Alexander Hamilton, James Madison, and John Jay. The themes they discussed all had to do with the function of government and included federalism, checks and balances, separatism, and representation. The anti-federalists were against ratification and included Patrick Henry, Thomas Paine, Edmund Randolf, and the republicans (Thomas Jefferson was in France during the Constitutional Convention). They feared a strong central government would tyrannize over Americans and many did not agree to ratification until it was agreed that a Bill of Rights would be added. Anti-federalist authors (from www.constitution.org) Centinel (Samuel Bryan) Federal Farmer (Melancton Smith? or Richard Henry Lee?) Brutus (Robert Yates) John DeWitt (?) Cato (George Clinton?) Constitution Debate, pg. 2 of 2
Conclusion(s) Federalism (Delegated or Enumerated Powers=Federal, Reserved Powers=States, Concurrent or Shared Powers=States) Bill of Rights: Civil Liberties and Civil Rights (Civil Liberties are individual freedoms and rights, including rights of people freedom of religion, speech, due process, property, privacy, and right to a trial, and Civil Rights include rights that protect individuals from infringement by governments, other people, and private organizations such as the rights of the accused, fair trial, right to due process. These also protect individuals and their ability to participate in political life.) Website: http://teachingamericanhistory.org/ratification/ FEDERALISTS Quotes for Notecards Americans have the opportunity to "decide the important question" can "good government" be established by "reflection and choice," or is mankind "forever destined to depend for their political constitutions on accident and force." (October 27, 1787) [We must] understand federalism as a way of a) retaining the independence of small states yet b) joining the states together so that they can pool their resources for goals such as common defense. (November 21, 1787) The "violence of faction" is the "disease" of popular governments. What is a faction? "A number of citizens, who are united by some common interest, undesirable to the rights of other citizens." The republican principle" of majority rule is the solution to minority faction. (November 22, 1787) Humans are fallible (imperfect), the "vital principles" of liberty, energy, and stability in the legislature, executive, and judiciary was very difficult, drawing the line between the powers of the general government and the state governments was difficult. (January 11, 1788) Does the Constitution pass 1) the republicanism test? The answer depends on how we define republicanism. What, then, is the definition of a republic? It is "a government which derives all its powers directly or indirectly from the great body of the people, and is administered by persons holding office during good behavior." (January 16, 1788) Constitution Debate, pg. 3 of 3
Was the revolution fought to secure the peace, liberty, safety, and public good of the American people or to secure the sovereignty of the states? "The powers delegated by the proposed Constitution to the federal government are few and defined. Those which are to remain in the State governments are numerous and indefinite." The Constitution doesn't enlarge the powers of the federal government; "it only creates a more effectual mode of administering them." (January 26, 1788) The unique feature of the American experiment is, that for the first time, we have "the total exclusion of the people in their collective capacity, from any share" in the government," rather than " the total exclusion of the representatives of the people from the administration" of the government." (March 1, 1788) There are two ingredients of republican safety: I "A due dependence on the people," and II "A due responsibility." "The dictates of good sense," demonstrate that one executive better secures the goals of "decision, activity, secrecy, and dispatch." Having more than one executive also destroys "responsibility." (March 15, 1788) "The executive should be in a situation to dare to act with vigor and decision." "The principles of good government" requires the executive to be protected against the tendency in "governments purely republican" for the "legislative authority to absorb every other." (March 18, 1788) "The most considerable of these remaining objections is that 2) the plan of the convention contains no bill of rights." "Bills of Rights are, in their origin, stipulations between kings and their subjects." The "We the people" clause in the Preamble to the Constitution "is a better recognition of popular rights. A bill of rights would sound much better in a treatise of ethics than in a constitution of government." (May 28, 1788) Constitution Debate, pg. 4 of 4
ANTI-FEDERALISTS "All the blessings of liberty are now at stake." But since the plan is inspired by political thought which presumes 1) a balancing of the orders of society and 2) that "the administrators of every government are motivated by views of private interest and ambition." The plan encourages the exercise of extensive powers over a territory which is a recipe not "for a regular balanced government & but & a permanent ARISTOCRACY. (October 5, 1787) [It] appears to be a plan retaining some federal features, but to be the first important step, and to aim strongly, to one consolidated government of the United States." (October 8, 1787) Aren't Article One Sections 9 and 10 of the Constitution a partial Bill of Rights? Why don't we drop them or go the whole distance on behalf of a Bill of Rights? October 12, 1787 "In so extensive a republic, the great officers of government would soon become above the control of the people, and abuse their power to the purpose of benefiting themselves and oppressing others." (October 18, 1787) The proposed plan of government failed to provide adequate protection to individual rights of conscience, the liberty of the press, the freedom of association and the right of the people to the expectation of no unreasonable searches and no cruel and unreasonable punishments. There is no possible way to effect this but by an equal, full, and fair representation." (November 1, 1787) "Its parts show[s] that the powers are not properly deposited for the security of public liberty." The small number of representatives to be chosen violates the core meaning of representation: "those who are placed instead of the people should possess their sentiments and feelings, and be governed by their interests; and "the farmer, merchant, mechanic" will not be represented. (November 15, 1787) Constitution Debate, pg. 5 of 5
"Biennial elections for representatives are a departure from the safe democratic principle of annual ones, that the number of representatives are too few," and that the Senate contains the seeds of aristocracy. (November 22, 1787) "The nature and extent of the powers granted to the legislature;" that Congress is granted all power that is necessary and proper for carrying out is comprehensive and undefined All the more reason for a Bill of Rights restricting the reach of congress over the states and the people and for a larger number of representatives in the Congress. (December 13, 1787) "It is vain to tell us that we ought to overlook local interests. It is only by protecting local concerns, that the interest of the whole is preserved." (December 18, 1787) "I have not met with any writer, who has discussed the judicial powers with any degree of accuracy." We must first examine the extent of the judicial powers and second, inquire whether the courts who are to exercise them will apply them for the general good." (January 31, 1788) "The supreme court under this constitution would be exalted above all other power in the government, and subject to no control." First, there is no power above them that can correct their errors or control their decisions." Second, "they cannot be removed from office for any error in judgment." Third, "the power of this court is in many cases superior to that of the legislature." (March 20, 1788) Constitution Debate, pg. 6 of 6
What is Government? When studying the POLITICAL aspects of a society, look for clues that answer these questions: Who or what makes the laws? Who or what enforces laws? What happens to people who break the laws? How do people know what the laws are? The Constitution Debate Approach (3 C s) Context: Timeframe, Timeline, Place in history or historical study Content: The historical narrative--what is happening? Who is involved? What are their arguments? Conclusions: What is going on here? Elliott West, What are the resolutions? What are the ripple effects or unintended consequences? 1
Context 1777: Articles of Confederation (Key points loose confederation, wary of central government, gave the United States no real power over the united states, no executive, no ability to tax). Ratified in 1781. 1787: Constitutional Convention (initially met to revise the Articles, ended up writing a whole new document. Many questioned the legality of doing such a thing.) 1787-1788: Constitutional Debates 1789-1797: George Washington, 1 st President (Federalist) 1790: Rhode Island finally ratifies the Constitution, bringing an end to the Constitutional Debate. 1791: First ten amendments to Constitution 1797-1801: John Adams, 2 nd President (Federalist) (Thomas Jefferson, VP) 1801-1809: Thomas Jefferson, 3 rd President (Republican) Content (Review): Federalists Who wrote the federalist essays? (Author) Alexander Hamilton, James Madison, and John Jay To whom were the federalist essays written? (Audience) Response to Anti-federalist criticisms of the proposed Constitution in New York newspapers. Why were the federalist essays written? (Purpose) To convince Americans of the principles of the new government (i.e. the importance of Federalism and Republicanism) as written in the Constitution (Ratification) Content (Review): Antifederalists Who wrote the Antifederalist essays? Several sources: Centinel (Samuel Bryan), Federal Farmer (Melancton Smith? or Richard Henry Lee?), Brutus (Robert Yates), John DeWitt (?), Cato (George Clinton?) To whom and why were the Antifederalist essays written? Appeared in New York papers. Was against a strong central government (tyranny). Wanted a Bill of Rights. 2
Guided Discovery Activity: Federalists and Antifederalists Each student will receive a quote card. 1. Read the text on your card. 2. Determine the argument: What is the author trying to convince you to believe? Underline or highlight the argument. 3. Determine your position: Is your author a Federalist (For ratification of the Constitution or Antifederalist (Against ratification of the Constitution)? Why? Write your answer on the back of your note card. Practice "The most considerable of these remaining objections is that 2) the plan of the convention contains no bill of rights." "Bills of Rights are, in their origin, stipulations between kings and their subjects." The "We the people" clause in the Preamble to the Constitution "is a better recognition of popular rights. A bill of rights would sound much better in a treatise of ethics than in a constitution of government." "Bills of Rights are not only unnecessary in the proposed Constitution but would even be dangerous." It meets two vital objects of a bill of rights: it 1) declares and specifies "the political privileges of the citizens in the structure and administration of the government," and 2) defines "certain immunities and modes of proceeding, which are relative to personal and private concerns." (May 28, 1788) Underline Argument "The most considerable of these remaining objections is that 2) the plan of the convention contains no bill of rights." "Bills of Rights are, in their origin, stipulations between kings and their subjects." The "We the people" clause in the Preamble to the Constitution "is a better recognition of popular rights. A bill of rights would sound much better in a treatise of ethics than in a constitution of government." "Bills of Rights are not only unnecessary in the proposed Constitution but would even be dangerous." It meets two vital objects of a bill of rights: it 1) declares and specifies "the political privileges of the citizens in the structure and administration of the government," and 2) defines "certain immunities and modes of proceeding, which are relative to personal and private concerns." (May 28, 1788) 3
Determine the Argument A Bill of Rights is unnecessary because the Constitution already outlines the privileges of citizens and it outlines immunities which they may receive in relation to personal and private concerns. Federalist or Antifederalist? Federalist (Remember to write your position on the back of your note card.) Why? (Summarize on the back of your note card.) Because he believes the Constitution, as it is written, does not need a Bill of Rights added to it. Guided Discovery Activity: Federalists and Antifederalists Each student receives a quote card. 1. Read the text on your card. 2. Determine the argument: What is the author trying to convince you to believe? Underline or highlight the argument. 3. Determine your position: Is your author a Federalist (For ratification of the Constitution or Antifederalist (Against ratification of the Constitution)? Why? Write your answer on the back of your note card. 4
Note Taking In your notebook, make TWO columns. Column I is FOR (Federalist) and Column II is AGAINST (Antifederalist) Write student responses from your convention in the For or Against column. Convention Protocol Approach as many students in the class as you can. Ask each student individually, What do you think of this new document, the Constitution? Why? In all encounters, explain the argument on your note card (summarize). When you ask another student, you cannot give YOUR opinion. You can only give YOUR opinion when you are asked. Reporting Divide class into two sides and line up shoulder to shoulder facing one another. On one side of the room are the Federalists The other side are the Antifederalists Beginning with the Antifederalists, the first person in line says, I am an Antifederalist (or against ratification) because.. Without adding any comments, the first Federalist responds with, I am a Federalist (or for ratification) because. Criss-Cross the room until all students have reported. 5
Essential Understanding Wrap Up There were contentious debates over what the new government should look like and how it should function. Based on the set up of this classroom, what do you think was the result of those debates? The Constitution set up the Federal system: What were the characteristics of the federal system based on the arguments presented in class today? Essential Question (1) What were the positions of the Federalists regarding ratification of the Constitution? Why did they feel as they did? Did we answer it? Essential Question (2) What were the positions of the Anti-Federalists regarding ratification of the Constitution? Why did they feel as they did? Did we answer it? 6
Essential Question (3) In the creation of the new government, how were these concerns compromised? Bill of Rights, Republicanism: Citizens voting=power in elected=representation (Great Compromise of 1787 and representation) Did we answer it? Essential Question (4) In addition to the Bill of Rights, how did Federalism attempt to consolidate the differences? Delegated or Enumerated Powers=Federal, Reserved Powers=States, Concurrent or Shared Powers=States Did we answer it? Preview: The Bill of Rights Bill of Rights: Civil Liberties and Civil Rights Civil Liberties are individual freedoms and rights, including rights of people freedom of religion, speech, due process, property, privacy, and right to a trial, and Civil Rights include rights that protect individuals from infringement by governments, other people, and private organizations such as the rights of the accused, fair trial, right to due process. These also protect individuals and their ability to participate in political life. 7