Understanding the Controversies of the US Constitution

The Constitution of the United States is one of the most iconic and important documents of all time. However, when it was first generated, its writing and ratification caused some major concerns. The purpose of the Constitution was to address the great number of issues of a new nation. To be more specific, the Constitution was meant to resolve the political, economic, and social problems of the country. Nevertheless, the document spurred much discussion and concern over people’s rights, the economy, and political corruption.

The U.S. was never a stranger to political controversies. An early example is the Virginia Plan, which, for example, angered the less populous states. Thus, fears of equal representation were prevalent during the writing

of the Constitution. In Document F, “Brutus” Letter IV, it is stated that “The great art, therefore, in forming a good constitution...as that those to whom the power is committed shall be subject to the same feelings, and aim at the same objects as the people do, who transfer to them their authority.” That quote from the Anti-federalist Papers is directed at the common people who fear no representation, or in other words, reverting to a rulership similar to what pre-revolution America had with England. The letter persuades that a constitution cannot be good if it is not focused on the same feelings and objectives as the common people. Furthermore, people feared that political corruption may ensue due to the rules, or rather the lack thereof, regarding politicians in office. Thomas Jefferson, in a letter to James Madison, writes “the second feature I dislike, and greatly dislike, is the abandonment in every instance of the necessity of rotation in office, and most particularly in the case of the President” (Document E). Jefferson’s statement insinuates that politicians, and maybe even the President, may take advantage of the fact that their days in power are not limited. The Document emulates the fear that America may become extremely politically corrupt, or in the worst case, a dictatorship. Finally, there was worry that political concerns and interests would usurp the needs of the people. In Document A, Madison writes of complaints heard by “our most considerate and virtuous citizens… that our governments are too unstable, that the public good is disregarded in the conflicts of rival parties.” Here, it is hinted that politics will eventually take importance over the public good, which would once again be a step backwards to the English regime prior to the Revolution. All of these concerns, however, eventually lead to the forming of a Bill of Rights.

The Bill of Rights was the result of numerous social concerns from the people of the United States.

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

writes how the freedoms of the people should not be prohibited; Amendment X says that “The powers not delegated to the United States by Constitution..are reserved to the States respectively, or to the people.” Therefore, the Bill of Rights was the corrective measure taken for the dissent among American citizens.

The writing and ratification of the Constitution also lead to economic talk and concerns. A major concern was that the country would return to the harsh tax regime imposed by the English. In Document B, Hamilton writes “The conclusion is, that there must be interwoven, in the frame of the government, a general power of taxation, in one shape or another.” Here, Hamilton states that a taxing system must exist in any form of government in any country. However, he thinks that if the United States were to establish a system of taxes, it would lead to a lose-lose situation for the country. To elaborate, Hamilton later states that “one of the two evils must ensue: either the people must be subjected to continual plunder, as a substitute for a more eligible mode of supplying the public wants, or the government must sink into a fatal atrophy, and, in a short course of time, perish.” Hamilton basically says that the people must be forced with a perennial harsh tax, or the government will fail; neither options are favorable. This problem was eventually solved, once again with the passing of the Bill of Rights. Amendment VIII in the Bill of Rights states that “excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.” In summary, the writing and ratification of the Constitution also lead to some economic concerns, which were solved through the Bill of Rights.

In conclusion, the United States Constitution caused political, social, and economic concerns when it was written and ratified. People feared that political corruption would take over the country, and that their rights would be ignored. Citizens feared that government issues would be considered more important than the issues of the public. Finally, they feared that the government would harshly tax them. All in all, the American people had many concerns regarding the writing and ratification of the United States Constitution, but they were all addressed in the creation of the Bill of Rights.