Isabella Carter
The Brutus Papers were a series of essays published in New York newspapers under the pseudonym Brutus, arguing against the ratification of the US Constitution. Brutus, believed to be Robert Yates, Governor of New York, was among the most prominent Anti-Federalists, who believed that the Constitution would lead to a powerful central government that would compromise freedom and enforce tyranny. Brutus' arguments centred on the potential dangers of a large national government, the unchecked power of Congress, and the belief that the federal government would infringe upon states' rights. These essays are considered some of the most important Anti-Federalist writings and provide a compelling rebuttal to the Federalist argument.
| Characteristics | Values |
|---|---|
| Form of government | Brutus argued for a confederation of small republics over a large national republic |
| Powers of the central government | Brutus believed the Constitution would create a federal government with "absolute and uncontrollable power" |
| State powers | Brutus argued that the Constitution would render the various State governments powerless |
| Legislative powers | Brutus believed there were no limits on the legislative powers to lay taxes, duties, imposts, and excises |
| State laws | Brutus argued that the federal legislature should not be able to repeal state laws |
| Taxation | Brutus was concerned about the federal government's power of direct taxation |
| Bill of rights | Brutus and other Anti-Federalists argued for the need for a bill of rights to protect individual liberties |
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What You'll Learn
The central government will have too much power
The Anti-Federalists, a group of writers believed to include Robert Yates (Brutus), George Clinton (Cato), Samuel Bryan (Centinel), and either Melancton Smith or Richard Henry Lee (Federal Farmer), argued against the ratification of the US Constitution. They believed that a powerful central government would lead to the compromise of freedom and tyranny, and that government should be democratic and local.
Brutus, in his first essay, considered whether the thirteen states should be reduced to one republic as the Federalists proposed. He examined various clauses in the Constitution and determined that this would create a federal government that would "possess absolute and uncontrollable power". He argued that the Necessary and Proper Clause would enable Congress to repeal state fundraising laws if they believed that a state law may prevent the collection of a federal tax that is necessary and proper to provide for the general welfare of the United States. This, along with the fact that all laws made in pursuance of the Constitution are the supreme law of the land, would render the various State governments powerless.
Brutus also argued that the legislature's authority to lay taxes and duties is unlimited. No state can emit paper money, lay any duties or imposts on imports or exports without the consent of Congress, and the net produce is for the benefit of the United States. The states' only recourse left to support their governments and discharge their debts is through direct taxation, which could also be eradicated by the federal government, who also has the power of direct taxation.
Furthermore, Brutus and the Anti-Federalists questioned whether a larger republic, based on the principle of consent of the governed, could sufficiently protect the rights and liberties of the individual states and people. They believed that a confederation of small republics was the only method of securing such liberty. They also pointed out that the proposed constitution represented a betrayal of the principles of the American Revolution, as Americans had fought against the consolidation of power in a distant, central government that claimed unlimited powers of taxation.
The Anti-Federalists' arguments highlight the potential dangers of a large national government and the importance of balancing national and state power. They believed that the new constitution dangerously expanded the powers of the central government and that a bill of rights was needed to curtail these powers and guarantee people's individual liberties.
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Congress will have too much power
The Brutus Papers, a series of 16 essays published in New York between 1787 and 1788, are attributed to Robert Yates and were written under the pen name "Brutus". They are considered the most important of the Anti-Federalist writings and provide a compelling rebuttal to the Federalist argument.
Brutus' central argument against ratification was that the Constitution would give Congress too much power, essentially creating a federal government that would "possess absolute and uncontrollable power". He believed that the Necessary and Proper Clause, which allowed Congress to repeal state laws if they interfered with the collection of federal taxes, was a dangerous grant of authority to the central government.
Brutus argued that the Constitution's provisions for taxation gave Congress unlimited power to lay taxes, duties, imposts, and excises. While the authority to raise money was technically limited to paying debts and providing for the general welfare and common defence, Brutus contended that these restrictions did not actually limit the legislative powers under the Constitution. In reality, only the legislature had the authority to contract debts and determine what was necessary for the welfare and defence of the nation, rendering their power to tax unlimited.
Furthermore, according to Brutus, no state could "emit paper money, lay any duties, or imposts on imports or exports" without the consent of Congress, and the net produce was for the benefit of the United States. This left the states with only one recourse to support their governments and discharge their debts: direct taxation. However, even this could be eradicated by the federal government, which also had the power of direct taxation.
Brutus also questioned whether a large national republic could preserve and protect personal liberties in the same way that a confederation of small republics could. He argued that in a republic, "the manners, sentiments, and interests of the people should be similar... if not, there will be a constant clashing of opinions". This concern was shared by other Anti-Federalists, who worried that the Constitution represented a betrayal of the principles of the American Revolution, in which Americans had fought against the consolidation of power in a distant, central government.
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State governments will be rendered powerless
Brutus, in his Anti-Federalist essays, presents a strong case against the ratification of the Constitution, arguing that it would lead to the concentration of power in a federal government, rendering state governments powerless. This, he believes, would pose a significant threat to personal liberties.
Brutus identifies two specific clauses that, in his view, would enable the federal government to override state laws and effectively nullify state constitutions. The first is the Necessary and Proper Clause, which grants Congress the authority to repeal state laws, particularly those pertaining to fundraising, if they conflict with the collection of federal taxes or the general welfare of the United States. The second clause states that all laws made under the Constitution are the supreme law of the land, leaving states with no recourse against federal decisions.
Brutus further highlights the legislature's unlimited authority to lay taxes, duties, imposts, and excises. States, on the other hand, are restricted in their ability to generate revenue. They cannot emit paper money, impose duties or imposts on imports or exports without congressional consent, and any revenue generated ultimately benefits the federal government. This leaves states with only direct taxation as a means of supporting themselves, but even this could be taken away by the federal government's power of direct taxation.
The cumulative effect of these provisions, according to Brutus, is that the federal government would possess "absolute and uncontrollable power," reducing the thirteen states to a single republic. This, he argues, would eliminate any semblance of sovereignty or autonomy for the states, as their powers would be absorbed by the federal government. Brutus' concern is that this concentration of power in a large national government would come at the expense of individual states' rights and liberties.
In conclusion, Brutus' argument against ratification centres on the belief that it would lead to an overly powerful federal government that would render state governments powerless and potentially threaten personal liberties. His essays, though attributed to Robert Yates, remain influential in understanding the Anti-Federalist perspective and continue to shape discussions about the appropriate size and scope of federal authority.
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The federal government will have unlimited taxation power
Brutus, in his Anti-Federalist essays, presents a strong rebuttal to the Federalist argument in support of the Constitution. One of Brutus's primary concerns is the potential concentration of power in the federal government and the consequent erosion of state sovereignty. He argues that the federal government will possess "absolute and uncontrollable power," which includes the power of unlimited taxation.
Brutus's argument against ratification of the Constitution centres on the belief that the federal government will have unlimited taxation power. He contends that the Necessary and Proper Clause grants Congress the authority to repeal state fundraising laws if they conflict with the collection of federal taxes. This, in effect, gives the federal government the power to nullify state laws.
Furthermore, Brutus highlights that the legislature's authority to lay taxes, duties, imposts, and excises is unrestricted. While the Constitution technically limits this authority to raising funds for debt repayment, general welfare, and common defence, Brutus argues that these restrictions do not truly limit legislative powers. In reality, the legislature holds exclusive authority to contract debts and determine what constitutes the general welfare and common defence, effectively granting them unlimited power in taxation.
The implications of this, according to Brutus, are significant. States would be left with limited options for supporting their governments and discharging their debts. While direct taxation is an option, even this could be eradicated by the federal government, which also holds the power of direct taxation. As a result, states may struggle to raise money on their own, leading to a consolidation of power in the federal government and a loss of sovereignty for the states.
Brutus's arguments highlight the tension between those who favoured a strong central government and those who sought to protect state rights and maintain a balance between national and state power. This debate remains relevant even today, as opinions continue to differ on the appropriate size, scope, and power of the federal government.
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A bill of rights is needed to protect individual liberties
The Anti-Federalists, a group of writers believed to include Robert Yates (Brutus), George Clinton (Cato), Patrick Henry, Samuel Bryan (Centinel), and Richard Henry Lee (The Federal Farmer), argued against the ratification of the US Constitution. They did so through a series of essays, known as the Brutus Papers, published under pseudonyms in New York newspapers.
The Anti-Federalists' central concern was the potential for a powerful central government to compromise individual liberties and freedom, and they believed that government should be democratic and local. They worried that the proposed constitution represented a betrayal of the principles of the American Revolution, in which Americans had fought against the consolidation of power in a distant, central government claiming unlimited powers of taxation.
Brutus, in particular, argued that the Constitution would essentially create a federal government that would "possess absolute and uncontrollable power". He believed that the Necessary and Proper Clause gave Congress the authority to repeal state laws, such as state fundraising laws, and that there was no limit on the legislative power to lay taxes, duties, imposts, and excises. This, he felt, left the states with no recourse and rendered them powerless.
The Anti-Federalists' most successful argument against the adoption of the Constitution was the lack of a bill of rights to protect individual liberties. They believed that a bill of rights was necessary to curtail the powers of the central government and guarantee people's freedoms. Although the Anti-Federalists failed to prevent the adoption of the Constitution, their efforts were not in vain. James Madison introduced 12 amendments during the First Congress in 1789, 10 of which were ratified and are now known as the Bill of Rights.
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Frequently asked questions
The Brutus Papers are a series of 16 essays written by Robert Yates under the pen name "Brutus" and published in New York between the signing of the US Constitution on September 17, 1787, and its ratification on June 21, 1788.
The Brutus Papers argued that the ratification of the Constitution would lead to the creation of a federal government that would "possess absolute and uncontrollable power".
Brutus argued that the Necessary and Proper Clause would give Congress the authority to repeal state laws, such as state fundraising laws. He also believed that the Constitution would nullify the laws of individual states and that there was no limit on the legislative power to lay taxes, duties, imposts, and excises.
Brutus questioned whether a large national republic could sufficiently protect the rights and liberties of individuals and states. He suggested that a confederation of small republics might be the only method of securing liberty.
The Federalists ultimately won the argument, and the Constitution was ratified. However, the Anti-Federalists' efforts were not entirely in vain. The debates led to the inclusion of a Bill of Rights to protect individual liberties, and the First Amendment vindicated the importance of freedom of speech and press in achieving national consensus.
