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The dispute between the federalist and the anti-federalist
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The dispute between the federalist and the anti-federalist
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Bill of Rights We live in the 21st century, where most Americans mind their own business but take for granted our God given rights. Not only God given rights but also those established by our founding forefathers. This paper will illustrate and depict the importance of the original problems faced when adopting the Constitution and the Bill of Rights. It will discuss the importance of the first amendment, the due process of the 4th, 5th, 6th, and the 8th amendments. Last but not least the importance of what is known as the “second Bill of Rights” (14th amendment). What problems with the original document motivated the adoption of the Bill of Rights? Many felt the Constitution was strongly focused on the power and authority the central government would have over the states and the people. Such supporter was Thomas Jefferson, who said, “bill of rights is what the people are entitled to against every government on the earth, general or particular, and what no just government should refuse.” Thomas Jefferson December 20, 1787 (American Civil Liberties Union [ACLU], 2002). The Constitution was set up with a system of checks and balances between the three branches of government. For its time it was remarkable but was flawed in expressing what it could do, but nowhere did it say what it could not. This was the great argument by the Anti-Federalist. Second, the Anti-Federalist would only support the Constitution if Congress was to include the proposed Bill of Rights. This would ensure the unalienable rights would be protected. Federalist No.84 says. “In the course of the foregoing review of the Constitution, I have taken notice of, and endeavored to answer most of the objections which have appeared against it. There, however, remai... ... middle of paper ... ...brief-history Coates, R. E. (1995-99). Freedom of the Press . Retrieved November 12, 2010, from http://etext.virginia.edu/jefferson/quotations/jeff1600.htm Freedom of assembly and association. (N.D.). Retrieved November 16, 2010, from http://www.hrea.org/index.php?doc_id=406 Hamilton, A. (n.d.). Certain General and Miscellaneous Objections to the Constitution Considered and Answered. Retrieved November 16, 2010, from http://thomas.loc.gov/home/histdox/fed_84.html Morse v. Frederick. (2007). Retrieved November 16, 2010, from http://oyez.org/cases/2000-2009/2006/2006_06_278 Patterson, T. E. (2009,2008,2005,2003,2001,1999,1997,1993,1990). The American Democracy (9th ed.). [Adobe reader]. Retrieved from https://ecampus.phoenix.edu/content/eBookLibrary2/content/TOC.aspx?assetdataid=d779f52a-1e20-4dad-a9af-b169cc8fe798&assetmetaid=972de29b-d180-4689-8f49-21b4f77c72a3
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
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.
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.
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
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.”
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
On December 15, 1791, the Bill of Rights was ratified effective by Congress. These first ten amendments to the Constitution of the United States of America promised the states certain rights and freedoms which could not be infringed by the government. After all, the founding fathers knew from experience that men in their weakness were often tempted by power. They had become all too familiar with this when under the control of King George in England. Therefore, in order to protect the future people of their beautiful country, they promised certain liberties which could not be taken away. Every single one of these freedoms is important for the United States of America. However, the second amendment is especially important to our nation because it allows the people to protect their freedom and defend themselves and the common good against an overreaching government.
With the states newly found sovereignty there quickly became disagreements to whether or not the Bill of Rights should be ratified. Federalists sought to ratify the Bill of Rights and in favor of a strong national government for control while the antifederalists opposed the ratification and strongly believed in state governments control so it was closer to the people. Alexander Hamilton, James Madison, and John Jay all favored ratification and therefore “wrote a series of compelling arguments known as the Federalist Papers,” which eventually led to a compromise being made that the “basic rights” of the people would be explicitly stated in the English Bill of Rights as an extra layer of protection so the government could not run all over the colonies. After many discussions and arguments, ten amendments of the Bill were ratified in order to limit the national governments grasp over the civil liberties of
[4] Hickok, Eugene Jr., ed. The Bill of Rights: Original Meaning and Current Understanding. Virginia: University Press of Virginia, 1991
The Anti-Federalists thought the people’s individual rights were not covered well enough in the document, and a Bill of Rights declaring these needed to be included.
15, December. "The Constitution of the United States of America." Almanac of Policy Issues. June 2004. Web. 15 Apr. 2011. .
In 1789 the Constitution had been published, but it did not include a Bill of Rights. The government was split into two groups, the Federalist and the Anti-Federalists. Federalists thought that the Bill of Rights was not needed and that the Constitution could not improve. On the other hand, the Anti-Federalists argued that it was needed and that it could improve the Constitution. The Anti-Federalists and the Federalists both publish documents that had the reasons that supported their claim.
Thomas Jefferson was a strong supporter and spokesman for the common man and self-government. He strongly believed that the purpose of American government is to look after and support the common interests of the people. He was against anything that he felt would hurt the common man such as the Bank of the U.S. and big government. Jefferson believed the Bank was hurting the common man and became a damaging monopoly. "It would swallow up all the delegated powers [of the states], and reduce the whole to one power..."-Jefferson referring to the Bank. He was strongly against big government and felt it would oppress the common man. "I am not a friend of a very energetic government...it places the governors indeed more at their ease, at the expense of the people." Jefferson was also a strong supporter of the Bill of Rights, which protected the rights of 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.