Some key issues and positions regarding the ratification of the US Constitution

1. Federalists v.
Antifederalists
Debate Debrief

2. Necessary & Proper
Clause
 Article I, sec. 8, paragraph 18:
“To make all laws which shall be necessary and proper
for carrying into execution the foregoing powers, and all
other powers vested by this Constitution in the
government of the United States, or in any department
or officer thereof.”
 Also known as the Elastic Clause
 This part of the Constitution gives Congress what
are considered “implied powers” (those that are
assumed to be true without being specifically
stated).

3. Necessary & Proper
Clause
⁇ How would the Federalists and Antifederalists feel
about the Necessary and Proper Clause? Explain.

4. Necessary & Proper
Clause
Federalists
 favored a loose
interpretation of the
Constitution
 supported the “elastic
clause”
 believed the
government would
need to adapt to
unforeseen
circumstances
Antifederalists
 favored a strict
interpretation of the
Constitution
 opposed the “elastic
clause”
 feared a government
that could expand its
powers would be more
likely to abuse its
power

5. States’ Rights
 Regarding power of the states, how did the
Federalists feel about states having the majority of
the power?
 Regarding power of the central government, how
did the Antifederalists feel about the central
government having too much power?

6. States’ Rights
Federalists
 Believed a strong central
government was
necessary to make sure
that the states would
follow laws and work
together
 A true central
government would
create consistency
throughout all of the
states
Antifederalists
 States viewed
themselves as
independent and had
just fought a war to get
rid of a strong central
government
 Feared a strong
central government
would take power and
autonomy away from
the states

7. Protecting Rights
 What did the Federalists think about the rights of the
people being protected?
 What did the Antifederalists think about the rights of
the people being violated?

8. Protecting Rights
Federalists
 Checks & Balances
would protect the
people from an
abusive government
 State Constitutions
already had bills of
rights that protected
the people
Antifederalists
 Feared a strong central
government would be more
likely to abuse its power
and violate the rights of the
people and the states
 In the Constitution, Article I,
sec. 9 had a few
protections:
 Habeas Corpus
 No Bills of Attainder
 No Titles of Nobility

9. Protecting Rights
Federalists
 creating a list of
EVERY right would not
be possible, and by
listing rights, any that
would not be included
may not be protected
Antifederalists
 only by adding a bill of
rights could the people
and the states be
guaranteed the central
government would not
violate those rights

10. Protecting Rights
 Habeas Corpus
 protection against the government arresting a person
without a LEGAL reason
 Bill of Attainder
 a law that allows a person to be convicted WITHOUT a
trial
 Titles of Nobility
 a granting of special privilege by the government to a
person by setting them above all others in society
 for example, in England there were knights, lords, dukes,
etc.