Simone Lawson
The United States Constitution has been a topic of debate since its inception, with supporters and opponents arguing over its merits and flaws. The Federalist Papers, authored by Alexander Hamilton, John Jay, and Madison, defended the Constitution and advocated for its ratification. On the other hand, the Anti-Federalists, including notable figures such as Patrick Henry and George Clinton (writing under the pen name Cato), voiced their displeasure with certain parts of the Constitution, arguing that it gave too much power to the federal government and resembled the monarchy from which the colonists had fought to be free. The Anti-Federalists played a crucial role in the adoption of the Bill of Rights, ensuring the protection of civil liberties and human rights. The debate over the Constitution's ratification played out in state legislatures, with smaller states generally favoring it and larger, more populous states like Virginia and New York initially opposing it.
| Characteristics | Values |
|---|---|
| Support for the Constitution | Alexander Hamilton, John Jay, Madison, James Madison, George Washington, Benjamin Franklin |
| Opposition to the Constitution | George Mason, Patrick Henry, Jefferson, Elbridge Gerry, Edmund, Cato, Anti-Federalists |
| Reasons for Support | Strong federal government, protection of individual liberties |
| Reasons for Opposition | No Bill of Rights, too much power to the federal government, no term limits for Congress or the president, similar to monarchy |
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What You'll Learn
The Federalist Papers
In The Federalist Papers, Hamilton, Jay, and Madison argued that the decentralization of power under the existing Articles of Confederation prevented the new nation from becoming strong enough to compete on the world stage or to quell internal insurrections such as Shays's Rebellion. They also used the essays to explain key provisions of the proposed Constitution and the nature of the republican form of government. For example, in Federalist 10, Madison argued against the French political philosopher Montesquieu's assertion that true democracy was feasible only for small states.
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The Anti-Federalists
The political division between the Federalists and Anti-Federalists continued after the adoption of the Constitution, with the formation of the Federalist Party during the presidency of George Washington. The Anti-Federalists played an important role in shaping the early American political landscape and the protection of individual liberties. Their persistence over two hundred years ago has had a lasting impact on the republic and the interpretation of the Constitution.
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The Bill of Rights
The road to the ratification of the US Constitution and the Bill of Rights was not without its challenges. When the Constitution was drafted in the summer of 1787, its ratification was uncertain. The original draft did not include a Bill of Rights, and there were concerns that it gave too much power to the federal government, with no limits on the terms of members of Congress or the president. The Anti-Federalists, including Patrick Henry, argued that the liberties of the people were best protected when power resided in state governments, and that without a Bill of Rights, the federal government would become tyrannous. They also believed that the Constitution's strong national government was too similar to the monarchy from which the colonists had fought to break free.
The Federalists, including Alexander Hamilton, John Jay, and James Madison, wrote essays in defence of the Constitution and argued that re-electing the president and re-appointing senators would create a body of experienced leaders who could guide the country through crises. They also promised to consider amendments to protect the liberties of the people after the Constitution was ratified.
The debate over ratification was intense, with small states that would benefit from the protection of a larger union ratifying the Constitution fairly quickly, while larger, more populous states took longer. Eventually, the minimum number of states (nine out of thirteen) ratified the Constitution, and it became the law of the land for those states that accepted it. The inclusion of the Bill of Rights in the Constitution was a significant outcome of the Anti-Federalists' efforts, ensuring that the federal government's powers were limited and the rights of citizens were protected.
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State vs Federal power
The U.S. Constitution divides power between the federal government and the states, a system known as federalism. Federalism at the founding of the U.S. can be described as "Enumerated Powers Federalism", with the national government having limited powers and the states having all the remaining powers.
The Founding Fathers, having just broken free from the British Empire, wanted to avoid a "unitary" form of government, where all power originates from a centralized national government. Instead, they initially chose a confederation, where power originates at the state level and is only delegated to a weak central government at the states' discretion. The Articles of Confederation, written and ratified during the Revolutionary War, were more of a loose pact between 13 sovereign states than a unifying constitution. The national congress had very limited powers under these Articles, lacking the authority to levy taxes, for example, which led to economic depression and the states' inability to pay the wages of Revolutionary soldiers.
The Constitution, therefore, sought to enumerate a few express powers to the federal government, while leaving the numerous and indefinite powers to the state governments. These enumerated powers of the federal government include the power to declare war, maintain armed forces, regulate commerce, coin money, and establish a Post Office. However, the Constitution also includes an Elastic Clause, which authorises Congress to write and pass any laws that are "necessary and proper" to carry out its enumerated powers. These implied powers have allowed Congress to create a national bank, collect federal income tax, institute the draft, pass gun control laws, and set a federal minimum wage, among other things.
Despite the existence of enumerated powers, federal-state relations have always been contested, and federalism has waxed and waned since the founding of the nation. The Rehnquist and Roberts Courts have offered two kinds of federalism decisions to limit federal power. One approach starts with the states and identifies where state power begins to mark the end of Congress's power. The other approach starts with Congress and delineates the bounds of its power in isolation.
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The role of the President
Supporters of the Constitution, on the other hand, argued that the lack of term limits would create a body of experienced leaders who could guide the country through crises. They believed that a President who did not perform well would be voted out of office and replaced. Additionally, they pointed out that the President's powers were balanced by those of Congress, which had the authority to declare war, raise armies, and appropriate funds for their use.
The debate over the role of the President reflected the broader disagreement between Federalists and Anti-Federalists. Federalists, such as Alexander Hamilton, argued for a strong central government and the benefits of a unified nation. They believed that a strong President was necessary to protect the sovereignty of the nation and provide effective leadership during challenging times. Anti-Federalists, on the other hand, advocated for more power to be vested in state governments, arguing that this would better protect the liberties of the people. They demanded amendments to the Constitution, including the addition of a Bill of Rights, to safeguard individual freedoms and prevent government overreach.
The outcome of these debates had a lasting impact on the role of the President in the United States. While the Constitution did not initially include term limits for the President, the Twenty-Second Amendment was eventually passed in 1951 to restrict presidents to two terms. This reflected a compromise between the opposing views, ensuring that the President had sufficient time to lead effectively while also preventing the concentration of power for extended periods.
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Frequently asked questions
Yes, Alexander Hamilton supported the Constitution. He was the driving force behind The Federalist Papers and wrote fifty-one essays arguing for ratification.
Yes, George Washington supported the Constitution. He wrote letters to the convention, which changed the minds of many.
Thomas Jefferson initially opposed the Constitution but later supported it with prior amendments because he favoured a bill of rights.
Yes, James Madison actively supported the Constitution. He argued against having a Bill of Rights, fearing that they would limit the people's rights.
No, George Clinton, then-New York Governor, opposed parts of the Constitution. He wrote under the pen name "Cato" in the New York Journal.
