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Keion Bruce

Semester B Extended Response

2. The Federalist Papers and the Anti Federalist Papers structured the national debate over the ratification of the Constitution. In the Federalist Papers, Enlightenment ideas were used to support both sides of the debate. Discuss the Enlightenment ideas used in the Federalist Papers that were carried over to The Constitution. The Enlightenment ideas of natural rights of the individual were paired against those of the nation as a whole, which carried over into the Constitution. The fear was that people tended to protect their own interest and government had to have power but not too much of it. The Federalist and AntiFederalist used their writing to state their case. Thus, this was brought forth by such Federalist John Locke, Jean Jacques Rousseau, Montesquieu, and Thomas Hobbes. John Lockes ideas of life, liberty and property and his social contract which says that people form government and give up some of their rights for the protection of others. Jefferson refers to these ideas in the Declaration of Independence. Also, the philosopher Baron de Montesquieus ideas on separation of powers and checks and balances are referred to in the Constitution. These philosophes were centered upon natural rights and described the forms of government best suited to protect these rights. They understood that humans were wired to naturally be concerned towards self-preservation, liberty, and self-interest would fundamentally come into conflict with the competing needs of other individuals. Therefore, the best form of government balanced the selfish needs of the individual with the need to protect the whole community. 3. The Bill of Rights is a combination of English law, Enlightenment ideas, the experiences of American colonists, early experiences of self-government and the National debate over the ratification of the Constitution. Choose 1 of the amendments listed and explain how they are a combination of English law, Enlightenment ideas, the experiences of American colonists, early experiences of self-government and the national debate over the ratification of the Constitution. 1st amendment Protects freedom of speech, freedom of religion, and freedom of the press, as well as the right to assemble and petition the government. In the 17th century aristocratic and conservative English ideas played a role in the early development of American constitutional law at least equal to democratic and liberal ideas that were preached in the 18th century by the French and English philosophers, by European reformers and that ultimately came to prevail in French constitutional law. This was true of most of the early state constitutions 39 and especially of the United States Constitution of 1787. The bicameral legislature is one example. The members of the U.S. Senate, elected for long terms and, at first, by the state legislatures, were supposed, like the members of the House of Commons, to represent the nation as a whole, while the members of the House of Representatives, like the members of the French Estates General, were supposed to represent their particular district. Another flaw in the original design was that constitutions were drafted by bodies that also served as legislative bodies, thus blurring the line between fundamental law and ordinary law. However, in 1780 Massachusetts took a great step forward in constitutional design when its people elected a convention to write a constitution which, in turn, was voted on in referendum.