Federalists v. Antifederalists

Debate Debrief

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).

Necessary & Proper Clause

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

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

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?

States’ RightsFederalists

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

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?

Protecting RightsFederalists

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

Protecting RightsFederalists

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

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.