Chapter 12, 13, and 14: Questions
What philosophical ideas guided the Anti-Federalists' opposition to a stronger national government?
-Classical Republicanism b/c they believed that a strong national govt. only exists in a small community of citizens w/ simimlar interests and beliefs. People will differ in economic pursuits, religious and secular beliefs, and traditions and customs. US was too massive to watch representatives of each state. -Civic Virtue b/c they are more willing to set aside their personal interests for the common good.
Why did the Federalist believe that there was no need for a Bill of Rights?
-Constitution only allowed the exercise of the enumerated powers listed in Article I Section 8 -bill of rights imply that the national government has powers the Constitution did not give it -English Bill of Rights were only used for a monarchy, the US did not need it
What arguments did the Anti-Federalists make with regard to the need for a bill of rights?
-National govt. does not adequetly protect rights (could violate people's rights) -Nothing on the Constitution that keeps federal govt. from violating the rights it does not protect -If there are bill of rights for state governments which are weaker, they best need a bill of rights for a more powerful government -Remind American people of the principles of our political system
Why did writers often use pseudonyms?
-it was read on their merits rather than the reputation of the authors -authors took ideas from political philosophy and ancient and recent history to form their arguments (effective because it is not based on the authors' personal beliefs)
What are the limitations for state governments?
-not allowed to coin their own money -enter intro treaties w/ foreign nations or declare war -grant titles of nobility -lay taxes on imports or exports unless necessarry to pay for inspections -keep troops or ship of war in times of peace
How did delegates at the Philadelphia Convention deal with the issue of slavery?
-not stating the words slave and slavery in the Constitution -Article IV Section 4, the fugitive slave law: gave slaveholders the right to claim their slaves if they escaped to a free state. -slavery was not leagl on a national level
What were the arguments of Anti-Federalists?
-the Constitution gives Congress the power to make any laws that Congress believes "necessary and proper" -the President could grant unlimited pardons for crimes, including treason -national courts have too much power that they can destroy judicial branches of state governments -systems of checks and balances could be turned against the people
How can the systems of checks and balances be turned against the people?
-treaties can be made by President and approved by the Senate ONLY=> can be passed without the HOR which represents the people -the legislative and executive branch are more mixed than separated.
Do you agree with the Anti-Federalist position that people living in agrarian communities are more likely to possess republican civic virtue? Why or why not?
Agree b/c... -they live closer together and are more willing to give up personal interests for the common good -people know each other so they will think of what is best for one another -a small community can form a large family
Why is the supremacy clause important?
Because the federal law is greater than the state law. This ensures that the states do not abuse their power by requiring that all laws must be passed by Congress. The supremacy clause establishes that federal laws are the most important to a functional government.
What do you think were the most important reasons put forth by the Federalists to support the Constitution?
Civic Virtue: states began to make laws that were jeoperdizing the rights of individual citizens. For example, laws to aid people in debt at the expense of the people owed debt to.
When was the ratifying convention scheduled?
December 1787
What process did the Philadelphia Convention devise for ratifying the Constitution and why?
It was made so that only 9 out of the 13 states had to agree to make a law. This was easier because not all the states have to agree to the Constitution. It would have been impossible to get all 13 states to approve the Constitution considering Rhode Island did not even show up.
How does the Constitution balance state powers granted to the national government?
Limitations. These limitations include... -the national government could not suspend the writ of habeas corpus -may not pass expost facto laws or bill of attainders -may not suspend the right to trial by jury -may not address to the accusation of treason by definig the crime specifically and narrowly
What strategies did Federalists employ to win the struggle for ratification of the Constitution?
Organize as quickly as possible. It would give the Anti-Federalist less time to form an opposition. Pennsylvanian Federalists knew that the opposition of the Western states would have the power to defeat the Constitution. Westerners wouldn't be able to send as many delegates due to the minimal time given.
What criticism of the Constitution by Anti-Federalists seem to be the most valid? Why?
The powers of the executive branch and legislative branches are more mixed rather than separated because it contradits the idea of checks and balances. Instead of checking each toher, the president and Congress can work together to enact new laws, declare war, and pass taxes that would undermine state and local governments.
What criticism of the Constitution by Anti-Federalists seem to be the least valid?
They believe in the basic rights of republicanism but oppose a republican government. However, it makes sense that they do not want to give the government excessive power over the states.
What was the purpose of limitations?
To prevent an abusive national government.
