September 11

Today we talked about the different ways that the Constitution can be ratified, and the Federalist Papers

-The Constitution had to be ratified by the states
-Proponents of the Constitution called themselves Federalists
-James Madison, Alexander Hamilton, and John Jay wrote a series of articles called the Federalist Papers arguing in favor of ratification
Madison argued that the purpose of the Constitution was to control factions.
-Madison's idea of a faction corresponds well with modern day interest groups of political parties.
-He was most concerned about the inequalities of wealth. The wealthy were the minority and those who lacked wealth were the majority.
Federalist 10: Proposed that gov. isn't likely to be dominated by any faction
1. Majority tyranny could be checked through representation
2. Elected representatives would possess wisdom to make decisions for the larger interest of the nation
-Federalism would impede majority tyranny
Federalist 51: Separation of powers and checks and balances would control tyranny
Federalist 15: U.S. had reached almost the last stage of national humiliation as a result of the insufficiency of the present Confederation to the preservation of the Union
Federalist 22: Hamilton provides a list of those deficiencies
Federalist 39: Madison illustrates how the Constitution conforms to republican principles and explains how the proposed Constitution is "neither a nation nor a federal Constitution, but a composition of both"

Anti federalists- opponents of the Constitution
-Attacked the Constitution on the ground that it centralized power in a strong national gov. that would wipe out the states and destroy liberty in the process.
-Argued for additional separation of powers and checks and balances amongst the 3 branches
-chief obstacle to ratification was that many prominent people didn't support the Constitution because it lacked a list of individual freedoms. Ratification was secured with a list of fundamental rights and liberties added to the Constitution: The Bill of Rights

Article V- specifies the requirements for formal ratification.
A- proposal stage 1) 2/3 vote of House and Senate or 2.) National convention summoned by Congress at the request of 2/3 of the state legislatures

B- Ratification Stage- Congress chooses ratification route
1)By vote of legislatures of 3/4 of the states 2.)Vote of state conventions held in 3/4 of states

2nd way to ratify -Judicial Review
The judiciary's power to interpret the law allows room for judicial interpretation. Marbury vs. Madison established court's power to nullify gov. acts that conflicted with the Constitution

3rd way to ratify- Informally by political practice
A) The Constitution is silent on some aspects of gov. (like the presidential cabinet)
B) Political practice has changed how some institutions work. Ex: The electoral college was supposed to exercise independent judgement in voting for pres. and vice pres., but now electors simply rubber stamp the election outcome of their states.

Study for the quiz tomorrow!!!