Jonah Patel
Brutus No. 1 is one of the most important Anti-Federalist writings, attributed to Robert Yates, a New York delegate to the Constitutional Convention. In his first essay, Brutus argues against the ratification of the Constitution, believing that it would centralize power and threaten individual rights. He warns that the federal government will eventually dissolve the states, rendering them powerless, and that the legislature's authority to lay taxes and duties is unlimited. Brutus also criticizes the method of electing senators and their six-year term, advocating for a rotating government to stay in touch with constituent interests. He questions the validity of the Three-fifths Compromise and the concentration of powers in Congress, fearing the erosion of state rights and liberties.
| Characteristics | Values |
|---|---|
| Author | Generally attributed to Robert Yates, a New York delegate to the Constitutional Convention. Computational analysis suggests it could also be Smith or an associate, or Williams |
| Tone | Anti-Federalist |
| Main Argument | The proposed constitution would centralize power and threaten individual rights, creating a federal government with "absolute and uncontrollable power" |
| Specific Objections | The Necessary and Proper Clause, which would allow Congress to repeal state laws, including fundraising laws; the power to hold a standing army in peacetime, which threatens public liberty; the judiciary's power to extend legislative authority and override state judiciaries; the method of electing senators and their six-year term; Congress's role in appointing officers and impeachment |
| Beliefs | A bill of rights is necessary to protect the people from the government; a free republic cannot exist in a large territory; Americans believe "that all men by nature are free" and should not have to give up their rights to the government |
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What You'll Learn
Brutus' views on state governments
Brutus, the pen name of an Anti-Federalist writer, argued against the ratification of the Constitution. Brutus' essays, generally attributed to Robert Yates, a New York delegate to the Constitutional Convention, are considered some of the most important Anti-Federalist writings. In his essays, Brutus articulates his concerns about the proposed constitution and why it should not be ratified.
One of Brutus' main arguments is that the Constitution would centralize power and threaten individual rights, particularly those of the states. He believed that the Necessary and Proper Clause and the Supremacy Clause would give the federal government immense power, rendering state governments essentially powerless. He argued that under the Necessary and Proper Clause, Congress would have the authority to repeal state laws, including state fundraising laws.
Brutus also pointed out that the Constitution would nullify and declare void the Constitution and laws of any state that were inconsistent with the federal Constitution. He believed that the power given to the judiciary would increase the jurisdiction of the courts and diminish the legislative and judiciary powers of the states. Brutus also objected to Congress having both executive and judicial powers, as he believed it blurred the separation of powers.
Furthermore, Brutus argued that the federal government's power to collect revenue, borrow money, and lay taxes and duties would make it impossible for states to raise money or support themselves financially. He believed that the states would eventually be dissolved and all their powers absorbed by the federal government, eliminating any sovereignty or autonomy they once had.
Brutus also questioned the validity of the Three-fifths Compromise and disagreed with the method of electing senators and their six-year term lengths. He advocated for a rotating government to ensure representatives remained in touch with their constituents. Overall, Brutus' arguments against the Constitution prompted Federalists to provide more thorough explanations and defences of the document.
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Brutus' arguments on the Necessary and Proper Clause
Brutus No. 1, written by Robert Yates, is an influential essay that presents a strong opposition to the Necessary and Proper Clause, also known as the Elastic Clause. This clause, found in Article I, Section 8 of the U.S. Constitution, grants Congress the power to make laws deemed necessary and proper for executing its enumerated powers. Brutus identifies several concerns and arguments regarding this clause:
Firstly, Brutus argues that the Necessary and Proper Clause grants Congress excessive power, risking federal overreach. He fears that this broad authority could lead Congress to enact far-reaching laws, allowing the federal government to exceed the boundaries set by the Constitution's framers. Brutus believes that this clause enables Congress to legislate beyond its enumerated powers, threatening individual rights and state sovereignty. He highlights the potential for federal overreach, where the federal government could expand its authority at the expense of state sovereignty.
Secondly, Brutus contends that the Necessary and Proper Clause, along with the Supremacy Clause, undermines state authority. He believes that these clauses effectively nullify and void state constitutions and laws if they are inconsistent with the Constitution. This, in Brutus' view, shifts the balance of power towards a strong central government, diminishing the ability of states to govern themselves independently. He specifically mentions the potential for Congress to repeal state laws, including state fundraising laws, under this clause.
Additionally, Brutus points out the vague and comprehensive nature of the Necessary and Proper Clause. He argues that the powers granted by this clause are so general that they could justify the passing of almost any law. This, according to Brutus, could ultimately lead to the annihilation of state governments and the consolidation of power in a single, dominant federal government. He believes that the federal legislature, driven by the innate human desire for more power, will inevitably seek to expand its authority and subvert state power.
Overall, Brutus' arguments against the Necessary and Proper Clause centre on his concern for preserving the balance of power between state and federal governments and preventing the potential overreach of a large national government. He fears that the Necessary and Proper Clause could lead to an excessive concentration of power in the federal government, threatening the rights and liberties of individual states and their citizens.
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Brutus' take on the Three-fifths Compromise
Brutus, a pen name honouring either Lucius Junius Brutus or Marcus Junius Brutus, was generally attributed to Robert Yates, a New York delegate to the Constitutional Convention. Brutus's essays are considered the most important of the Anti-Federalist writings. In his essays, Brutus urged the people of New York not to ratify the Constitution, arguing that the people would lose their power to the government, which "counteracts the very end of government".
Brutus questioned the validity of the Three-fifths Compromise, which was agreed upon during the 1787 United States Constitutional Convention. This compromise was an agreement between delegates from the Northern and Southern states regarding the inclusion of slaves in a state's total population. The Southern states wanted to count the entire slave population to increase their number of members of Congress, while the Northern states, opposed to slavery, wanted to count only free persons. The compromise counted three-fifths of each state's slave population toward that state's total population for the purpose of apportioning the House of Representatives, giving the Southern states more power in the House.
Brutus asked: "If [slaves] have no share in government, why is the number of members in the assembly to be increased on their account?" He saw this as an example of the corruption of the branch. He also approved of the fact that each state, regardless of size, would have the same number of senators. However, he disagreed with the method of electing senators and the six-year term they were given, believing that spending that much time away from constituents would make senators less in touch with their interests.
Brutus also had concerns about the power of the federal government and the judiciary. He believed that the Necessary and Proper Clause and the power to borrow money on the credit of the United States were dangerous to the states, and that the federal government would eventually dissolve them. He also argued that the power given to the judiciary would increase the jurisdiction of the courts and diminish the powers of the states.
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Brutus' thoughts on the judiciary
Brutus, generally attributed to Robert Yates, a New York delegate to the Constitutional Convention, was an Anti-Federalist who wrote a series of essays against the ratification of the Constitution. In his writings, Brutus expresses concerns about the concentration of power in the federal government and its potential impact on individual rights and state governments' powers.
One of Brutus's main arguments against ratification is the belief that the judiciary's power will extend legislative authority and increase the jurisdiction of the courts. He fears that the Supreme Court's ability to interpret the Constitution according to its "spirit and reason" will lead to a revision of legislative power. Brutus warns that this power will diminish and eventually destroy the legislative and judiciary powers of the states, rendering them "trifling and unimportant".
Brutus also criticizes the lack of checks on the judiciary. He believes judges should be removable for reasons beyond just committing a crime. He disagrees with Congress's involvement in appointing officers and impeachment, as it gives them both executive and judicial powers, blurring the separation of powers.
Furthermore, Brutus questions the method of electing senators and their six-year term lengths. He believes that spending extended periods away from their constituents will make senators less in touch with the interests of those they represent. He advocates for a rotational system to avoid the problem of lifelong service in the Senate.
In addition to his concerns about the judiciary, Brutus also argues against the Necessary and Proper Clause, which he believes gives Congress unlimited power over state laws and fundraising abilities. He fears that the federal government will dissolve state governments, centralize power, and threaten individual liberties.
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Brutus' beliefs about a standing army
Brutus No. 1 is a collection of Anti-Federalist writings, generally attributed to Robert Yates, a New York delegate to the Constitutional Convention. The essays are addressed to the citizens of New York and outline concerns about the proposed constitution and why it should not be ratified.
Brutus warns that a central government with military power could override the democratic will of the people and impose its rule. He points out that governments have historically used military might to maintain control over their citizens, leading to the suppression of rights and freedoms. Brutus also emphasizes that a large military establishment could concentrate power in the hands of a few leaders, creating a risk of tyranny.
In addition, Brutus argues that the power to hold a standing army gives the government the ability to repeal state laws and impose federal laws, threatening individual rights and centralizing power. He believes that the Necessary and Proper Clause, which allows Congress to repeal state laws in the name of providing for the general welfare of the United States, is highly dangerous to the states. Brutus also disagrees with the unlimited power to collect revenue and borrow money on behalf of the country, as it gives the federal government too much authority.
Overall, Brutus' beliefs about a standing army are rooted in his concern for protecting individual liberties and maintaining a balanced distribution of power. He argues that a standing army, especially in the hands of a central government, poses a significant risk to freedom, democracy, and the rights of citizens.
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Frequently asked questions
Brutus 1 is the first of the Brutus essays, written by an Anti-Federalist to argue against the ratification of the Constitution.
Brutus 1 argues that the proposed Constitution would centralize power and threaten individual rights, creating a federal government with "absolute and uncontrollable power".
Brutus 1 examines various clauses in the Constitution, including the Necessary and Proper Clause, to show how they would render the State governments powerless and extend the legislative authority of the federal government.
Brutus 1 was written after the Constitution was signed in Philadelphia in 1787, during a vigorous debate over its ratification. The essays are generally attributed to Robert Yates, a New York delegate to the Constitutional Convention.
Brutus 1 is considered one of the most important Anti-Federalist writings, providing a compelling rebuttal to the Federalist argument and urging citizens to protect their rights and freedoms from government overreach.
