Isabella Carter
Those who support a new constitution are known as Federalists. The drafting and adoption of a new constitution can be a highly contentious issue, with passionate debates and strong opposition. In the case of the US Constitution, Federalists emerged as a faction supporting the new constitution, while Anti-Federalists opposed it, advocating for a more explicit and concise document that outlined the rights of the people and limitations of government power.
| Characteristics | Values |
|---|---|
| Name | Federalist |
| Opposition | Anti-Federalists |
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What You'll Learn
The Federalists
The Federalist position gained significant attention, particularly in Pennsylvania, which was the first state to call for a ratifying convention. The Federalists' stance was widely printed and reprinted by newspapers across the country, sparking passionate debates. Despite facing opposition and criticism, the Federalists managed to secure a victory, with the promise of amendments playing a crucial role in swaying public opinion.
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The anti-Federalists
Generally, Anti-Federalists were more likely to be small farmers than lawyers and merchants, and they came from rural areas rather than the urban areas represented by many Federalists. In their journey to protect the interests of rural areas and farmers, the Anti-Federalists believed that the Constitution, as written, would be oppressive. They believed that the Constitution needed a Bill of Rights, as it provided insufficient rights in the courts (e.g., no guarantee of juries in civil cases, nor that criminal case juries be local) and would create an out-of-control judiciary.
The name "Anti-Federalists" was imposed upon the movement by their opponents, the Federalists, to mark them as men who "stood against the very political ideas they embraced". The Anti-Federalists rejected this term, arguing that they were the true Federalists. In their correspondence and local groups, they tried to capture the term. For example, an unknown anti-federalist signed his public correspondence as "A Federal Farmer", and the New York committee opposing the Constitution was called the "Federal Republican Committee". However, the Federalists prevailed, and the name Anti-Federalist stuck.
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The two factions
The drafting of the United States Constitution, often referred to as its framing, was completed at the Constitutional Convention in Philadelphia between May 25 and September 17, 1787. Two factions soon emerged: the Federalists, who supported the new Constitution, and the anti-Federalists, who opposed it.
The Federalists, or advocates for the new frame of government, were anxious to obtain the unanimous support of the delegations from each state. They realized that obtaining the consent of the states needed to make the Constitution operational would be difficult. The Federalists' victory was attributed to the promise of amendments, as it was probable that a majority of people in the entire country opposed the Constitution.
The anti-Federalists, on the other hand, demanded a more concise and unequivocal Constitution. They criticized the proposed Constitution for its vagueness and lack of specific protections against tyranny. Patrick Henry, for instance, questioned the effectiveness of its "imaginary balances" and "ridiculous ideal checks and contrivances."
The anti-Federalists' most powerful weapon was their call for a bill of rights. Their position was widely publicized, with newspapers across the country printing and reprinting the views of both the Federalists and the anti-Federalists. Despite the close margin between the two factions, the Federalists ultimately prevailed, and the Constitution was forwarded to the thirteen states for their ratification.
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The need for a two-thirds majority
The United States Constitution requires a supermajority, or a two-thirds majority, of both houses of the United States Congress to propose a Congress-driven constitutional amendment. This is a common requirement in elections, especially when minority rights can be affected.
The two-thirds majority rule has been applied in various contexts throughout history. In ancient Rome, some decisions required two-thirds of jurors to confirm they were ready to decide before proceeding to a simple majority vote. Similarly, Pope Alexander III introduced the supermajority rule for papal elections in 1179. In modern times, the Constitution of Colorado was amended to require a 55% supermajority to pass new constitutional amendments, and the Constitution of Florida was amended in 2006 to require a 60% majority.
The two-thirds majority rule is also applied in other countries. For example, in Canada, most constitutional amendments require identical resolutions to be adopted by the House of Commons, the Senate, and two-thirds or more of the provincial legislative assemblies representing at least 50% of the national population. In Bangladesh, constitutional amendments require a two-thirds majority in the unicameral Jatiya Sangsad to become effective.
Overall, the need for a two-thirds majority in changing a constitution is crucial to protect the rights of minorities and ensure that any changes to the fundamental framework of a nation have broad support.
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The call for a bill of rights
The United States Constitution was drafted between May 25 and September 17, 1787, at the Constitutional Convention in Philadelphia. The document was intended to revise the Articles of Confederation, but it ended up introducing a new form of government. The drafting of the Constitution was followed by a bitter debate over its ratification, with Federalists supporting it and Anti-Federalists opposing it.
The Anti-Federalists wanted power to remain with state and local governments and advocated for a bill of rights to protect individual liberties. They believed that a bill of rights was essential to safeguard the natural rights of citizens against the potential overreach of the federal government. Thomas Jefferson, in a letter to James Madison, asserted that a bill of rights is what the people are entitled to against every government on earth.
Madison, recognizing the demands of the states, wrote the Bill of Rights to address the objections raised by the Anti-Federalists. The Bill of Rights comprises the first ten amendments to the United States Constitution and was proposed by the First Congress of the United States on September 25, 1789. These amendments were designed to limit government power and protect individual freedoms.
The amendments in the Bill of Rights include specific guarantees of personal freedoms, such as freedom of speech, freedom of religion, freedom of the press, the right to assemble, and the right to bear arms. They also address criminal proceedings, ensuring the right to a speedy and public trial by an impartial jury, prohibiting excessive bail and cruel and unusual punishments, and guaranteeing the assistance of counsel for the defence.
The Bill of Rights was added to the Constitution to address the concerns of Anti-Federalists and to provide explicit limitations on the powers of the federal government. It was influenced by earlier documents such as the Virginia Declaration of Rights, the Magna Carta, and the English Bill of Rights. The ratification of the Bill of Rights on December 15, 1791, marked a significant step in the evolution of the United States Constitution and the protection of individual liberties.
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Frequently asked questions
You call them Federalists.
The opposing faction was called the Anti-Federalists.
The Anti-Federalists wanted a more concise and unequivocal Constitution that laid out the rights of the people and the limitations of the government's power.
The Federalists won, but it was a close margin. The Constitution was ratified by a two-thirds majority, with only nine of the 13 states needing to approve it.
