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Federalist vs anti federalist issues
Bill of rights importance
Federalist v anti-federalist
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The Bill of Rights is the name that we give to the first ten amendments to our Constitution. These first ten amendments were necessary to get the holdover states in the Union to ratify the Constitution. This piece of legislation is what gave us our most important individual rights such as freedom of speech and religion. It was not an easy road however and there was fierce debate from both sides about whether it should be included or not. In this paper I intend to argue for the Federalists about why a Bill of Rights did not need to be included into the Constitution.
One of the most important reasons why the Federalists fought so hard against the inclusion of a Bill of Rights was because they believed that it would undermine the ideal that a government should have limited powers (377). The proposed legislation would be at odds with the main point of a written constitution as the product of a social contract, which states that all power initially stays with the citizens and that the citizens are the ones who construct a government that has limited and enumerated powers in a written constitution. For example, Federalists argued that deliberately stating the right to religion should not be infringed on could be misconstrued by people thinking that if the Constitution did not state this restriction specifically then the government would possess that power. In other words, the Federalists were afraid that people might think that the Constitution gave the government unlimited power and that writing down specific provisions in a bill of rights would only increase the sense that those sole rights that were written down were the only ones taken from a government that is usually unlimited in its power. This was obviously not what the framers ...
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...ce to state that every person in the country is given natural and inalienable rights just by the virtue that they are humans so writing down those rights again in a second document seemed pointless. There was no need to write up a document to state our inalienable rights especially since the proposed bill of rights seemed to be more about establishing a framework for how the government would act in certain situations rather than stating the natural rights of citizens. Federalists were cautious to explicitly state fundamental rights in a document that needed to be ratified by the people because it suggested that the source of our rights rests in the consent of people rather than in nature. So it seemed to follow that the Anti-Federalists were suggesting that our rights depended on the statement of those rights in a document rather than just their existence in nature.
The Anti-Federalist Party, led by Patrick Henry, objected to the constitution. They objected to it for a few basic reasons. Mostly the Anti-Federalists thought that the Constitution created too strong a central government. They felt that the Constitution did not create a Federal government, but a single national government. They were afraid that the power of the states would be lost and that the people would lose their individual rights because a few individuals would take over. They proposed a “Bill of Rights”, to make sure the citizens were protected by the law. They believed that no Bill of Rights would be equal to no check on our government for the people.
Both groups came to agreement and agreed that there needed to be a stronger authority requiring an independent salary to function. They both also agreed that they needed to raise safeguards against the tyranny. The anti-Federalists would not agree to the new Constitution without the “Bill of Rights.” The Federalists ended up including the Bill of Rights into the Constitution. The Bill of Rights protects the freedoms of people. It reassured the anti-Federalists the government could not abuse their power by taking it out on the people. The Federalists included the Bill of Rights to get the anti-Federalists votes and support in the Constitution to actually get it
There was a short time where all was calm right after the civil war. king charles the second and his father were both dead so Charles brother took over. this is king James the secondf and he was a Catholic sao he appointed many high positions in the government. Most of his sibjects were protestant and did not like the idea of Catholicism being the religion theyd have to abide by. like his father and brother king james the second ignored the peoples wishes and ruled without Parliament and relied on royal power. an English Protestant leader wanted to take the power away from james and give it to his daughter Mary and Her husband William from the Netherlands. William saled out to the south of england with his troops but sent them away soon after they landed
The prominent figures at the time, such as Jefferson, realized this; Jefferson states in his letter to Madison that “a bill of rights is what the people are entitled to against every government on earth, general or particular, and what no just government should refuse, or rest on inferences.” (Document E). The first part of Jefferson’s statement is plain and obvious: every decent government owes its people a Bill of Rights. The quote “rest on inferences”, however, means that a government, or rather any higher authority, should not attempt to guess what the people want. Instead, the government should represent the people, and ask them what they want. That is what common practices such as voting, and statements such as “no taxation without representation” embody. Nevertheless, in this letter Jefferson recognizes the Bill of Rights as a desideratum. Additionally, in Document C- Federalist Papers #38 - Madison reports that “A fourth concurs to the absolute necessity of a bill of rights, but contends that it ought to be declaratory, not of the personal rights of individuals, but of the rights reserved to the States in their political capacity.” That statement illustrates what exactly the American people were asking for. They did not call for complete abandonment of political interests in favor of social freedoms, they wanted the State as a whole to have a set of rights. Also, the statement includes the words “political capacity”, which is a reference to the aforementioned notion that politicians and political parties should be limited in their power and should not be more important that the people. Rather, politics and socialization should stand on equal ground. Lastly, Document H exhibits four amendments from the Bill of Rights. Examining the wording of these amendments reveals how they specifically targeted the complains of the people and rectified them. Amendment I
Anti –federalist believed that with out the bill of rights, the national government would became a to strong it would threating the americans peoples rights and libertys. Due to prior american revolution, ant-federalist did not forget what they fought for an believed that with a stronger national government, the president could become kind if he wanted. During this time people still feared a strong central government, due to british occupany of the states. Concidently the of people who wanted the bill of rights and were anti-federalist were famers and the working class, as to the fedarlist were extremely rich and powerful people Thomas Jeferson who was a active anti-federalist once wrote to james Madison A bill of rights is what the people are entitled to against every government on earth, general or particular; and what no just government should refuse, or rest on inferences. (Thomas Jefferson to James Madison, 1787. ME 6:388, Papers
On September 17, 1787, the Philadelphia Convention sent their new constitution to the states for ratification. The Federalists highly approved of the Constitution because it allowed for a more central and powerful government that was previously undermined under the Articles of Confederation. The Anti-Federalists, however, didn’t want a powerful central government, but, instead, powerful state governments; in response to the Constitution, many Anti-Federalists began writing essays and creating pamphlets as a means of arguing against it. In retaliation to the Anti-Federalists attempt at getting states to not ratify the Constitution, many Federalists developed a group of essays known as the Federalist Papers, which argued for the ratification of the new law system.
Many complaints focused on the lack of a bill of rights in the Constitution, stating the inalienable rights of an American citizen. In Thomas Jefferson’s Jefferson Writings (Doc. C), he states that no government is entitled to omit such an important part of a country’s makeup. The reason a constitution is made is to protect the rights the people fought for during the Revolution, not limit them. Another concern is the balance of power between social classes and the governmental branches, which was a big issue with the Articles of Confederation. Even with checks in place so no branch of government could become to powerful, there was always a risk. In the “Brutus” and “John DeWitt” papers (Doc. D) it states that this unbalance of power could lead, disastrously, to one group dominating over all others, most likely the aristocrats. Some people, such as Patrick Henry during his Speech to Virginia State Constitutional Ratification Convention (Doc. F) even became heatedly anti-federalist, stating that the Constitution endangered to sovereignty of the states entirely. But even with these various concerns and arguments, the Constitution was ratified by all thirteen states in
Supporters of a constitution, lacking a bill of rights, were called Federalists. The Federalists included members such as Alexander Hamilton, James Madison, and John Jay, whom wrote a series of essays that were designed to inform and persuade the public of their views pertaining to the issues of the day. Among these views was whether a bill of rights should be added to the constitution. The Federalists, via Alexander Hamilton, dealt with this issue in a foremost way in their 84th essay. In the 84th essay Hamilton begins by explaining that a bill of rights, which are “in their origin, stipulations between kings and their subjects, abridgements of prerogative in favor of privilege, reservations of rights not surrendered to the prince.”
The Founding Fathers accepted that the basic rights of individuals, rights to life, liberty, and private property, were not arranged by the government, and so when the Founders composed the Constitution, they were not surrendering new rights to people. It was just to create a steady form of representative republican government that would assure that the basic rights of mankind were less likely to be compacted upon. The objective of the Framers was not to make a extreme form of “democracy” (which the Founders reviled for its strong inclination to throw off the rule of law) in which everybody had the equal kind of say in government or in which nobody felt as if they were in a minority.
The plan to divide the government into three branches was proposed by James Madison, at the Constitutional Convention of 1787. He modeled the division from who he referred to as ‘the Perfect Governor,’ as he read Isaiah 33:22; “For the Lord is our judge, the Lord is our lawgiver, the Lord is our king; He will save us.” http://www.eadshome.com/QuotesoftheFounders.htm
While the Federalists believe in a strong, central government, the Anti-Federalists believe in the shared power of state and national governments to maintain the rights of all Americans .The Anti-Federalist favored a confederated government were the state and national governments could share power ,protect citizen’s freedom ,and independence. The Anti-Federalists found many problems in the Constitution. Many were concerned the central government take was all individual rights. Anti-Federalist primarily consisted of farmers and tradesmen and was less likely to be a part of the wealthy elite than were members of their rival the Federalist. Many Anti-federalists were local politicians who feared losing power should the Constitution be ratified and argued that senators that served for too long and represented excessively large territories would cause senators to forget what their responsibilities were for that state. They argued that the Constitution would give the country an entirely new and unknown form of government and saw no reason in throwing out the current government. Instead, they believed that the Federalists had over-stated the current problems of the country and wanted improved characterization of power allowable to the states. They also maintained that the Framers of the Constitution had met as a discriminatory group under an order of secrecy and had violated the stipulations of the Articles of Confederation in the hopes for the for ratification of the Constitution. The Anti-Federalist were sure that the Constitution would take away the rights of the American citizens and fought hard to stop the ratification on the
When the Second Constitutional Convention wrote the Constitution in 1787, there was a controversy between the federalists and the anti-federalists surrounding whether or not to have a Bill of Rights. The anti-federalists claimed that a bill of rights was needed that listed the guaranteed rights that the government could never take away from a person i.e. “inalienable rights.” A Bill of Rights was eventually deemed necessary, and has worked for over 210 years. There are many reasons why the ten amendments are still valid to this day, and the best examples are the First Amendment, concerning the freedom of religion, the Fifth Amendment, and the Sixth Amendment.
To summarize, our nation’s government should not just remember it, but fully rely upon the precedents set by the Constitution of the United States. Most importantly of all, it is the supreme law of the land. This document also describes in detail the duties and requirements of each of the three branches of government. Along with that, the Bill of Rights – which tells us every one of our basic constitutional rights – is a significant part of it. As Abraham Lincoln, 16th president of the United States as well as staunch supporter of the Constitution, said, “We the people are the rightful masters of both Congress and the courts, not to overthrow the Constitution, but to overthrow the men who pervert the Constitution.”
Our powerpoint states that the Federalists were led by Alexander Hamilton and James Madison. The Anti-Federalists on the other hand, did not agree. The powerpoint mentions that they attacked every area of the Constitution, but two of its features attracted the most criticism. One was the extremely increased powers of the central government. The second included the lack of “bill of rights” that would have provided necessary liberties including freedom of speech and religion.
[4] Hickok, Eugene Jr., ed. The Bill of Rights: Original Meaning and Current Understanding. Virginia: University Press of Virginia, 1991