Malcolm Rivera
The dissenters, including Elbridge Gerry, George Mason, and Edmund Randolph, had several objections to the Constitution. Gerry criticized the allocation of three-fifths representation for slaves, the length of senators' terms, and Congress's power to tax, regulate commerce, and raise an army. Mason, on the other hand, refused to sign the Constitution due to the absence of a bill of rights, a declaration of any kind for preserving liberty of the press, trial by jury in civil cases, and against the danger of standing armies in peacetime. He also objected to the small size of the first House of Representatives, giving people the Shadow only of Representation. These dissenters believed that the Constitution needed to be amended to address these issues before they could support it.
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What You'll Learn
Absence of a bill of rights
The absence of a bill of rights in the US Constitution was a significant concern for many dissenters, including George Mason, one of the key figures in the founding of the United States. Mason actively campaigned against the ratification of the Constitution in Virginia, causing a rift in his friendships with Washington and Madison.
Mason's primary objection to the Constitution was its failure to include a bill of rights, which he believed was essential for preserving individual liberties and limiting government power. He argued that the document lacked a "declaration of any kind" to safeguard fundamental freedoms, such as liberty of the press, trial by jury in civil cases, and protection against the danger of standing armies in times of peace.
The absence of a bill of rights was not the only issue Mason had with the Constitution. He also criticized the allocation of power, arguing that the Senate, which he deemed "aristocratic," had too much authority. He wanted to see some of the Senate's advisory functions transferred to a council of state within the executive branch. Additionally, Mason objected to the small size of the first House of Representatives, believing it provided only "the Shadow only of Representation."
The concerns raised by Mason and other dissenters about the absence of a bill of rights in the Constitution led to the addition of the first ten amendments, known as the Bill of Rights. These amendments were ratified on December 15, 1791, and aimed to address the issues raised by the dissenters by providing explicit protections for individual freedoms and placing limits on the power of the government.
The Bill of Rights includes amendments that safeguard various liberties, such as freedom of speech, religion, and the right to bear arms. It also ensures protections such as due process, trial by jury, protection against unreasonable searches and seizures, and the right to bear arms. The Ninth Amendment further emphasizes that the listing of specific rights in the Constitution does not deny or disparage other rights retained by the people.
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No liberty of the press
One of the primary objections dissenters had with the Constitution was the absence of a bill of rights. Among these rights was the liberty of the press.
George Mason, a leader of the patriot movement in Virginia, refused to sign the Constitution due to this absence. He wrote a list of "objections" to the Constitution, which became a platform for other critics. Mason argued that the Constitution did not include a declaration to preserve the liberty of the press. He believed that the Senate had too much power and that senators were not truly "representatives of the people".
Elbridge Gerry, a member of the Continental Congress, shared similar sentiments. He criticized the allocation of three-fifths representation for slaves, the length of senators' terms, and Congress's power to tax, regulate commerce, and raise an army. Gerry's concerns reflected the fears of many dissenters, who believed that the Constitution did not adequately protect the liberty of the press and other fundamental rights.
The lack of liberty of the press was a significant concern for the dissenters, who recognized its importance in a democratic society. A free press plays a crucial role in holding those in power accountable, ensuring transparency, and allowing for the open exchange of ideas and information. By guaranteeing the liberty of the press, the dissenters sought to safeguard the rights of citizens to express their opinions and engage in informed debate, thereby strengthening the foundations of their democracy.
The objections raised by Mason and Gerry highlight the importance placed on the liberty of the press by the dissenters. Their refusal to sign the Constitution and subsequent advocacy against its ratification demonstrate the strength of their convictions. While the specific concerns about the lack of liberty of the press were not immediately addressed, the dissenters' efforts contributed to shaping the ongoing dialogue surrounding the Constitution and the eventual amendments made to it.
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No trial by jury in civil cases
One of the primary objections dissenters had with the Constitution was the absence of a bill of rights. They also objected to the small size of the first House of Representatives, believing it gave the people "the Shadow only of Representation".
Among these dissenters was George Mason, who refused to sign the Constitution. He took issue with the amount of power given to the "aristocratic" Senate, believing that senators were not "representatives of the people". He also objected to the absence of a bill of rights, a "declaration of any kind" for preserving liberty of the press, trial by jury in civil cases, and against "the danger of standing armies in times of peace".
Elbridge Gerry shared similar concerns, criticising the allocation of three-fifths representation for slaves, the length of senators' terms, and Congress's power to tax, regulate commerce, and raise an army.
Another objection raised was the absence of a provision for jury trials in civil cases. North Carolina's Hugh Williamson noted this omission, to which another delegate responded that jury trials were not proper in all civil cases, such as maritime cases, which were generally decided by judges trained in admiralty law.
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Senate has too much power
One of the primary objections dissenters had with the Constitution was the power wielded by the Senate. They believed that senators had too much power due to their selection by state legislatures, making them unrepresentative of the people and unaccountable to them. This concern was raised by Mason, who also objected to the small size of the first House of Representatives, which he believed provided only "the Shadow only of Representation".
The Senate's ability to alter money bills and propose appropriations was a significant point of contention. Dissenters, including Mason, felt that the Senate's advisory functions should be delegated to a council of state within the executive branch, thereby reducing the Senate's influence. They also wanted to prevent the vice president from becoming the ex officio president of the Senate, further concentrating power.
The length of senators' terms was another issue. Dissenters, such as Elbridge Gerry, criticized the lengthy terms, which could lead to an entrenched group with disproportionate power. Gerry also objected to Congress's ability to tax, regulate commerce, and raise an army, believing that these powers gave Congress and, by extension, the Senate, excessive authority.
Additionally, dissenters were concerned about the allocation of three-fifths representation for slaves, which Gerry argued contributed to an imbalance in representation and power. The breakdown in civility, collegiality, and mutual respect within the Senate and between senators and the president has also been noted, with some attributing it to the degradation of constitutional discourse.
The Senate's power dynamics have been a consistent focus of dissent, with critics advocating for changes to address the concentration of authority and improve representation.
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Congress's power to tax
Elbridge Gerry was one of the first dissenters, and among his objections to the Constitution was Congress's power to tax. He criticised Congress's ability to levy taxes, regulate commerce, and raise an army.
The Constitution grants Congress broad authority to lay and collect taxes for federal debts, the common defence, and the general welfare. This power is subject to only one exception and two qualifications. Direct taxes must be levied by the rule of apportionment, while indirect taxes must follow the rule of uniformity.
The first draft of the Constitution gave the legislature unlimited power to "lay and collect taxes, duties, imposts, and excises, without any qualification whatsoever." However, the Framers later limited the objects of taxation to debts, defence, and general welfare. They also discussed whether the clause should expressly limit the subjects of taxation. One argument against a general taxing power was the potential danger it posed to state governments.
The absence of limitations on Congress's taxing authority has been a concern. While there are few express limitations, the scope of Congress's taxing power has been curtailed by judicial decisions regarding the manner in which taxes are imposed. For example, the Supreme Court has emphasised that Congress's taxing power reaches every subject and embraces every conceivable power of taxation.
Dissenters like Mason and Randolph objected to the concentration of power in the Senate, which they believed was aristocratic and unrepresentative of the people. They wanted to ensure liberty and preserve the rights of the press, trial by jury, and prevent the danger of standing armies in peacetime.
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Frequently asked questions
The absence of a bill of rights.
George Mason, who refused to sign the Constitution.
He believed the Senate had too much power, and that senators were not representative of the people.
A declaration of some kind for preserving liberty of the press, trial by jury in civil cases, and against the danger of standing armies in peacetime.
Yes, Elbridge Gerry criticized the allocation of three-fifths representation for slaves, the length of senators' terms, and Congress's power to tax, regulate commerce, and raise an army.
