Federalists vs. Anti-Federalists Essay

Federalists vs. Anti-Federalists Essay

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Type	Essay
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Federalists vs. Anti-Federalists Essay

1) Federalists vs. Anti-Federalists

In order to truly understand the purpose of the Bill of Rights and their significance, it is necessary to discuss the debate between two groups of early Americans: the Federalists and the Anti-Federalists.  These were two groups of people with very different ideas about the how much power the federal government should have.  This debate and conflict was particularly important in the years preceding the writing of the Constitution.  The Bill of Rights can be seen as a compromise between these two groups of people.

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FEDERALISTS

One important and influential group of people were called the Federalists.  Their name tells you a lot about what they wanted: they wanted the Constitution to establish a strong and relatively powerful federal government.

After the failure of the Articles of Confederation, this was a group that felt strongly that a better approach would be to design a new constitution that created a strong federal government that would have power over the different states.

James Madison, Alexander Hamilton, and John Jay were notable Federalists.  They were also the authors of The Federalist Paperswhich were a collection of essays supporting the passage the new Constitution.  They are important essays and are a good insight into why people wanted a new constitution.

Here is a link to an article that broadly discusses the Federalist Papers  (Links to an external site.)(this is not required reading, but is it interesting).

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ANTI-FEDERALISTS

On the other side were a group of people called the Anti-Federalists.  Again, their name indicates what they wanted: a new constitution that DID NOT give too much power to the federal government and wanted to make sure states retained a relatively large amount of power.  They were concerned that a new constitution would give the federal government a lot of power and that the federal government would then become dictatorial or monarchical.  Anti-Federalists opposed the new constitution.  Notable anti-federalists included Thomas Jefferson and Patrick Henry.

The Anti-Federalists were ultimately defeated (obviously since we have the Constitution!)  However, they were still an important group of people because they were instrumental in the design and passage of the Bill of Rights.

There were also Anti-Federalist Papers which were written in opposition to the new Constitution.

Lastly, it is important to note that not all of the Founding Fathers were united on what the role of the government should be or what the new Constitution should say.  The debate and disagreement between the two groups ultimately strengthened the Constitution and is a reason why we have the Bill of Rights.

2) 4th Amendment

Here is the exact wording of the 4th Amendment:

The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.

One of the questions about the Constitution is whether it talks about the topic of PRIVACY.  Meaning, do we have a Constitutional right to privacy?  The simple answer is “no” because the word privacy is not used in the Constitution.  But simply because the word is not used does not mean the right does not exist.

Many point to the 4th Amendment as IMPLYING a right to privacy.  This amendment makes it clear that our person and stuff cannot be searched and taken from us for no reason.  This seems to suggest we have a right to some privacy.

So there are some questions that arise from this amendment:

• What is meant by the word “unreasonable” in the passage “unreasonable searches and seizures?”
• What constitutes “probable cause?”
• How much privacy should we expect?  How much power should the government have in interfering with our privacy, especially if they think we are a threat in some way?  Meaning, if the government thinks we are a danger in some way, do we still maintain rights to privacy? Additionally, what are the limits to our right to privacy?

Watch the video below for more information about the 4th amendment.   This is a required video.

https://www.youtube.com/watch?v=_4O1OlGyTuU

*For clarification from the video, if the police pull you over, that is not necessarily probable cause to search your vehicle UNLESS you grant them permission to search it OR they clearly see something illegal in the car (like a large amount of cocaine in the backseat).  They might also have probable cause if they suspect that the reason you are speeding is because you are fleeing the scene of a crime (as mentioned in the video).  As you can see, this is all VERY confusing and complicated and often things are decided on a case-by-case basis.  But part of the confusion results from the rather vaguely worded 4th Amendment.

3) 8th Amendment

Here is the exact wording of the 8th Amendment:

Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.

A few key components of this amendment are the mention of “bail” and “cruel and unusual punishment.”  Bail is the temporary release of an accused person awaiting trial.  Usually the release from jail is on the condition that they pay a certain amount of money and promise to reappear for their trial.

There are a number of debates that arise from this amendment:

What constitutes “excessive” bail?  Recently, https://www.politico.com/magazine/story/2018/08/29/california-abolish-cash-bail-reformers-unhappy-219618

to address the issue of excessive bail and how lower-income people are often disproportionately subjected to having to pay bail in excess of what they are capable.

• What constitutes “cruel and unusual punishment?”  Is the death penalty “cruel and unusual punishment?”  Are our prisons “cruel and unusual?”
• Can you think of any of any examples of cruel and unusual punishment in our legal system or in what the police do?

Please watch the video below for more of a discussion on the idea of cruel and unusual punishment.  This is a required video.

https://www.youtube.com/watch?v=NPVzWAcCyl8

RUBRIC QUALITY OF RESPONSE NO RESPONSE POOR / UNSATISFACTORY SATISFACTORY GOOD EXCELLENT Content (worth a maximum of 50% of the total points) Zero points:  Student failed to submit the final paper. 20 points out of 50:  The essay illustrates poor understanding of the relevant material by failing to address or incorrectly addressing the relevant content; failing to identify or inaccurately explaining/defining key concepts/ideas; ignoring or incorrectly explaining key points/claims and the reasoning behind them; and/or incorrectly or inappropriately using terminology; and elements of the response are lacking. 30 points out of 50:  The essay illustrates a rudimentary understanding of the relevant material by mentioning but not full explaining the relevant content; identifying some of the key concepts/ideas though failing to fully or accurately explain many of them; using terminology, though sometimes inaccurately or inappropriately; and/or incorporating some key claims/points but failing to explain the reasoning behind them or doing so inaccurately.  Elements of the required response may also be lacking. 40 points out of 50:  The essay illustrates solid understanding of the relevant material by correctly addressing most of the relevant content; identifying and explaining most of the key concepts/ideas; using correct terminology; explaining the reasoning behind most of the key points/claims; and/or where necessary or useful, substantiating some points with accurate examples.  The answer is complete. 50 points:  The essay illustrates exemplary understanding of the relevant material by thoroughly and correctly addressing the relevant content; identifying and explaining all of the key concepts/ideas; using correct terminology explaining the reasoning behind key points/claims and substantiating, as necessary/useful, points with several accurate and illuminating examples.  No aspects of the required answer are missing. 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And/or there is a significant use of highly questionable sources. 15 out 20 points:  Credible Scholarly sources are used effectively support claims and are, for the most part, clear and fairly represented.  APA 6th Edition is used with only a few minor errors.  There are minor errors in reference and/or citations. And/or there is some use of questionable sources. 20 points:  Credible scholarly sources are used to give compelling evidence to support claims and are clearly and fairly represented.  APA 6th Edition format is used accurately and consistently. The student uses above the maximum required references in the development of the assignment. Grammar (worth maximum of 20% of total points) Zero points:  Student failed to submit the final paper. 5 points out of 20:  The paper does not communicate ideas/points clearly due to inappropriate use of terminology and vague language; thoughts and sentences are disjointed or incomprehensible; organization lacking; and/or numerous grammatical, spelling/punctuation errors  10 points out 20:  The paper is often unclear and difficult to follow due to some inappropriate terminology and/or vague language; ideas may be fragmented, wandering and/or repetitive; poor organization; and/or some grammatical, spelling, punctuation errors 15 points out of 20:  The paper is mostly clear as a result of appropriate use of terminology and minimal vagueness; no tangents and no repetition; fairly good organization; almost perfect grammar, spelling, punctuation, and word usage. 20 points:  The paper is clear, concise, and a pleasure to read as a result of appropriate and precise use of terminology; total coherence of thoughts and presentation and logical organization; and the essay is error free. Structure of the Paper (worth 10% of total points) Zero points:  Student failed to submit the final paper. 3 points out of 10: Student needs to develop better formatting skills. The paper omits significant structural elements required for and APA 6th edition paper. Formatting of the paper has major flaws. The paper does not conform to APA 6th edition requirements whatsoever. 5 points out of 10: Appearance of final paper demonstrates the student’s limited ability to format the paper. There are significant errors in formatting and/or the total omission of major components of an APA 6th edition paper. They can include the omission of the cover page, abstract, and page numbers. Additionally the page has major formatting issues with spacing or paragraph formation. Font size might not conform to size requirements.  The student also significantly writes too large or too short of and paper 7 points out of 10: Research paper presents an above-average use of formatting skills. The paper has slight errors within the paper. This can include small errors or omissions with the cover page, abstract, page number, and headers. There could be also slight formatting issues with the document spacing or the font Additionally the paper might slightly exceed or undershoot the specific number of required written pages for the assignment. 10 points: Student provides a high-caliber, formatted paper. This includes an APA 6th edition cover page, abstract, page number, headers and is double spaced in 12’ Times Roman Font. Additionally, the paper conforms to the specific number of required written pages and neither goes over or under the specified length of the paper.
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