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During the late 18th century the Antifederalists argued against the constitution on the grounds that it did not contain a bill of rights. They believed that without a list of personal freedoms, the new national government might abuse its powers and that the states would be immersed by an all to dominant and influential national government. The Antifederalists worried that the limits on direct voting and the long terms of the president and senators, supplied by the constitution, would create a population of elites and aristocrats, which in turn would eventually take away power from the people. They also feared that the president might become another monarch. In other words, the Antifederalists ultimately felt that the new Constitution was undemocratic. 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.” Therefore Hamilton states that bills of rights “have no application to constitutions professedly founded upon the power of the people,” and that under the constitution “the people surrender nothing, and as they retain everything they have no need of particular reservations." Another argument used by Hamilton was reminding, those who criticize the constitution for lacking a Bill of Rights, that many of the state constitutions do not contain one either. He believes that the Constitution, as is, effectively includes a bill of rights. The constitution contained various provisions in favor of particular privileges and rights. Provisions such as the power to impeach, writ of habeas corpus, the allowance for no bill of attainder or ex post facto law, no granting of title of nobility, trials that shall be by a jury in the state which the crime was committed within, and that punishment for treason will not extend to family members of the person convicted of that crime.
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.
"A bill of rights is what the people are entitled to." He felt the Bill of Rights would clearly state and protect people's rights, "freedom of religion, freedom of the press, protection against standing armies, restriction of monopolies, the eternal and unremitting force of the habeas corpus laws, and trial by jury.." It was based on Jefferson's suggestions that Madison proposed a Bill of Rights. Jefferson did everything he could to help the common man. Andrew Jackson was undoubtedly one of the people.
After the American Revolution, America had earned it’s freedom from Britain. In order to govern this new country the Articles of Confederation was created. This document was flawed by the colonists fear of putting too much power into a central government. Knowing the document needed to be fixed a constitutional convention was called. The document created at this convention has been our constitution ever since. But even the Constitution was meet with criticism. One major concern when writing the constitution was how to protect the citizens rights. The Constitution did this through the preamble, the legislative process, the limit of presidential terms, the judicial branch, and the bill of rights.
One of the most important concerns of the Anti-Federalists were concerned that the new form of government would strip the states of their own power. The Anti-Federalists feared by combining the previously independent states. under one government that, ".the states, once sovereign. would retain but a shadow of their former power. "(Main 120).
Hamilton, Madison, and Jay argued that limitations on governmental power were built into the Constitution with a series of checks and balances. The two different parties, the Federalists and Anti-Federalists, interpreted the Constitution in a way to support the cause for ratification or rejection. The Federalists saw the new government in a way that would guarantee the rights of the governed. The Anti-Federalists saw it in such a manner that would make no such guarantee. While the Constitution was eventually passed, it was the Anti-Federalists who ensured that it would eventually contain a Bill of Rights to protect individuals, as such Federalists and supporters of the central government as Alexander Hamilton argued that a Bill of Rights was
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
Some historical circumstances surrounding the issue of the ratification of the Constitution was weakness of the new government under the Articles of Confederation which led to the Constitutional Convention. Members of Congress believed that the Articles of Confederation, the first government of the United States, needed to be altered while others did not want change. This desired Constitution created a huge dispute and argument between the Federalists and the Anti-Federalists. The people who supported the new Constitution, the Federalists, began to publish articles supporting ratification. As stated in document 2 John Jay (Federalist) had many arguments to support ratification of the Constitution. One argument John Jay used was, with the ratification of the Constitution, he says, “…Our people free, contented and united…” The Antifederalists had numerous arguments they used to oppose the ratification of the Constitution. The Antifederalists believed that a free republic wouldn’t be able to long exist over a country of the great extent of these states.
These inadequacies in the Articles made it clear that it was time for a new, united, federal government, made with the country’s people in mind. Once the Constitution was drafted and sent to the states for ratification, however, there were still many criticisms and alterations to be made. 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.
Our Founding Fathers Alexander Hamilton and James Madison had faith in the ethics of the people to establish a representative government. Alexander Hamilton, author of many of the Federalist papers before his death in 1804, was a firm believer in the Constitution. He grew frustrated; therefore, in Federalist paper One, he would provide answers to any objection to the Constitution. Alexander Hamilton believed that the Constitution wasn’t written to limit the people. He makes an argument in Federalist paper Eight, concerning a standing army, which was not provided against in the new Constitution; he concludes that it may exist under it.
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 preface section was about an activity that Holton used in some of his classes. He would ask his class to tell him which parts of the constitution were their most favorable. He we would then proceed to write what each student said on the board into three unlabeled categories. When the class exhausted the list of rights and restrictions it was their job to determine what each of the categories were. After the categories were revealed it was shown that most items belonged to the Bill of Rights category, as appose to the other two categories which were The Articles of Confederation, and the basic Constitution preceding the Bill of
The Bill of Rights was created as a listing of the rights granted to citizens, the Bill of Rights serves to protect the people from a powerful government. These civil rights granted to U.S. Citizens are included in the first 10 amendments to the U.S. Constitution. Additionally, Locke’s ideas about checks and balances and the division of church and state were later embodied in the U.S. Constitution as well. The Constitution replaced a more weakly organized system of government as outlined under the Articles of Confederation. John Locke was an English philosopher who lived during 1632-1704.
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
Anti-federalists, on the other hand, opposed the stronger federal government. The felt states had rights, which the central government threatened to trample. In their eyes the constitution is a tyrannical document without a Bill of Rights. The constitution granted too much power over taxation to the Federal government.
[4] Hickok, Eugene Jr., ed. The Bill of Rights: Original Meaning and Current Understanding. Virginia: University Press of Virginia, 1991