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Philadelphia Ratification Debate Notes
Philadelphia Ratification Debate Notes
Proposed a plan to balance govt among 3 branches, all with the ability to
check and control each other.
3 branches Executive (President and Secretary)
Legislature (Congress)
Judiciary (Court system)
Executive
Executive has the power to veto,
block legislation
Legislature
Judiciary
Judiciary has the power to block any
legislation not in line with the
constitution
Founding Fathers represented one class: rich, white males and this
had an obvious bearing on the shaping of the constitution.
It was meant to protect the Status quo
Problems: main issue was the problems surrounding the lack of protection for
individual rights.
Anti federalist:
Argued that too much power could be taken from the states and that
personal liberty would be infringed upon.
Believed that a system of levels of govt would allow excessive taxation and
would help the aristocracy maintain their power.
Larger states feared losing their power.
Oppressive national govt
Federal city isolated, maintains status quo
Saw it as a return to the British system
Federalists:
Anti-federalist had no viable solution, only complaints which were met and
answered by the passionate federalists.
The constitution made no mention of human rights, but Madison argued that
the checks and balances themselves would indirectly protect the public.
Anti-federalists demanded a Bill of Rights, and this was the deal breaker or
maker of the constitution.
Smaller states ratified quickly with the promise of equal votes in the senate.
Larger states were most difficult to persuade as they had the most power
and authority to lose.
Anti feds were fearful of governmental tyranny, whilst the federalists were
weary of the tyranny of the mob and anarchy
Many states only ratified the constitution with the promise of a Bill of Rights
to protect the individual rights of the people.
Compromise b/t federalists and anti feds
Jefferson in particular saw the need for a Bill of Rights, wrote to Madison to
express his concerns
12 Amendments were introduced and Sept 1789 10 was passed.
It can be argued that the Bill of Rights disregarded women, Native Americans
and slaves. However the door was left open for these rights to be extended,
expanded and reinterpreted.
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