During the national debate over ratification of the new Constitution, the Federalist Quizlet

Anti-Federalist leaders won a crucial promise: a Bill of Rights would be added to the Constitution.
• It lists the rights—the protections from government—that every citizen is owed.
• Freedom of speech, freedom of the press, freedom of religion, the right to bear arms, and
the long list of additional rights are an essential part of America's identity.
• Incorporation means applying the Bill of Rights to the state governments, one right at a time.
• In 2010, the Supreme Court incorporated the right to bear arms—meaning state governments had to honor the right as well as the national government.

The Bill of Rights
One of the principal points of contention between the Federalists and Anti-Federalists was the lack of an enumeration of basic civil rights in the Constitution. Many Federalists argued, as in Federalist No. 84, that the people surrendered no rights in adopting the Constitution. In several states, however, the ratification debate in some states hinged on the adoption of a bill of rights. The solution was known as the Massachusetts Compromise, in which four states ratified the Constitution but at the same time sent recommendations for amendments to the Congress.

James Madison introduced 12 amendments to the First Congress in 1789. Ten of these would go on to become what we now consider to be the Bill of Rights. One was never passed, while another dealing with Congressional salaries was not ratified until 1992, when it became the 27th Amendment. Based on the Virginia Declaration of Rights, the English Bill of Rights, the writings of the Enlightenment, and the rights defined in the Magna Carta, the Bill of Rights contains rights that many today consider to be fundamental to America.

The First Amendment provides that Congress make no law respecting an establishment of religion or prohibiting its free exercise. It protects freedom of speech, the press, assembly, and the right to petition the Government for a redress of grievances.

The Second Amendment gives citizens the right to bear arms.

The Third Amendment prohibits the government from quartering troops in private homes, a major grievance during the American Revolution.

The Fourth Amendment protects citizens from unreasonable search and seizure. The government may not conduct any searches without a warrant, and such warrants must be issued by a judge and based on probable cause.

The Fifth Amendment provides that citizens not be subject to criminal prosecution and punishment without due process. Citizens may not be tried on the same set of facts twice, and are protected from self-incrimination [the right to remain silent]. The amendment also establishes the power of eminent domain, ensuring that private property is not seized for public use without just compensation.

The Sixth Amendment assures the right to a speedy trial by a jury of one's peers, to be informed of the crimes with which they are charged, and to confront the witnesses brought by the government. The amendment also provides the accused the right to compel testimony from witnesses, and to legal representation.

The Seventh Amendment provides that civil cases also be tried by jury.

The Eighth Amendment prohibits excessive bail, excessive fines, and cruel and unusual punishments.

The Ninth Amendment states that the list of rights enumerated in the Constitution is not exhaustive, and that the people retain all rights not enumerated.

The Tenth Amendment assigns all powers not delegated to the United States, or prohibited to the states, to either the states or to the people.

1. Social Science
2. Political Science
3. Politics of the United States

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Gov. C. 6, Chapter 8 Worksheet. Creds to Mr. Barcalow and the workbook.

Terms in this set [11]

The Federalist Papers and the Anti - Federalist Papers

Framed the national debate over the basic principles of government encompassed by the constitution of the United States

Ratify

To approve an official document, often done by a group [i.e., the Constitution needed the approval of nine states for ratification to pass]

Anti - Federalists

Opponents of the new U.S. Constitution were known as these, including Thomas Jefferson, Patrick Henry, and James Monroe.

The Anti - Federalist Papers

Articles composed by the likes of Thomas Jefferson, Patrick Henry, and James Monroe detailing their opposition of the ratification of the U.S. Constitution.

Seven Reasons for Anti - Federalism

Fear of Tyranny, The Constitution lacked a Bill of Rights, The National Government was too powerful, supremacy of the Federal Government, fear of the "necessary and proper" clause, the republic is too vast to govern, fear of the chief executive, and it is against the American Revolution to set aside the slavery issue for a minimum for 20 years.

Tyranny

Cruel and oppressive use of government power. The Anti - Federalists were very fearful of a government such as this.

Supremacy Clause

If there was a conflict between federal laws and state laws, federal law would be superior to state law, which in the eyes of Anti - Federalists allowed for abuse of state sovereignty.

Elastic Clause

Gives Congress the power to pass any laws it feels are "necessary and proper." Anti - Federalists felt this blanket power would permit the national government to pass any tax and make all laws it felt were needed.

The Federalist Papers

Those favoring the ratification of the U.S. Constitution wrote 85 essays which were compiled under this name. Among the writers were Alexander Hamilton, John Jay, and James Madison. These essays argued that the new nation would not last if the proposed U.S. Constitution was not adopted.

6 Federalist Rebuttals

A strong national government was needed, a vast republic is the answer, governmental power was divided to avoid tyranny, the "necessary and proper" clause is needed for the national government to carry out its delegated powers, supremacy of the national government, and the promise of a Bill of Rights.

General Powers

The overall duties of those in Congress which are specifically delegated to them

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QUESTION

1. What confers jurisdiction upon a court?

2 answers

QUESTION

In a majority of criminal cases in which a lawyer is provided to the defendant by the government, the lawyer is provided through a "contract" system.

3 answers

QUESTION

which of these is the most openly political aspect of the functioning of the judiciary?

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QUESTION

what are some duties of citizenship?

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Where did the debate over the ratification of new Constitution take place?

What role did the Federalist play in the debate over the Constitution quizlet?

What was the Federalists main argument for ratification quizlet?

Who won the debate over ratifying the Constitution quizlet?