Jonah Patel
The public's main concern about the Constitution was the fear that it gave too much power to the federal government at the expense of the states. The original draft of the Constitution did not include a Bill of Rights, declared all state laws subservient to federal ones, and created a king-like office in the presidency. The Anti-Federalists, who included small farmers, landowners, shopkeepers, and laborers, opposed the ratification of the Constitution and believed that the new national government would be too powerful and threaten individual liberties. They also believed that the unitary president resembled a monarch too closely. The Federalists, on the other hand, believed that a strong central government was necessary to face the nation's challenges. The debate over the Constitution and the efforts of the Anti-Federalists eventually led to the adoption of the First Amendment and the other nine amendments that constitute the Bill of Rights, which protects Americans' civil liberties.
| Characteristics | Values |
|---|---|
| Public's main concern about the constitution | Lack of a bill of rights to protect individual liberties |
| Excessive power of the national government at the expense of state governments | |
| Absence of provisions for limited government | |
| Absence of a direct election of government officials | |
| Absence of short term limits for officeholders | |
| Absence of accountability by officeholders to popular majorities |
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What You'll Learn
Absence of a bill of rights
The United States Constitution, drafted in 1787, was a remarkable achievement, but one that was deeply flawed. One of its most significant shortcomings was the absence of a bill of rights, which would have specified the rights of individuals and the limitations of the government.
The lack of a bill of rights was a major concern for many Americans, including Anti-Federalists like Patrick Henry, Samuel Adams, and Richard Henry Lee, who publicly opposed the new Constitution. They feared that a strong central government would threaten individual liberties and that the President might become a king. The Federalists, on the other hand, believed that a strong central government was necessary to face the nation's challenges. They opposed the inclusion of a bill of rights, arguing it was unnecessary.
The "Bill of Rights" refers to the first ten amendments to the United States Constitution. These amendments were proposed following the bitter debate over the ratification of the Constitution and aimed to address the objections raised by Anti-Federalists. The amendments enumerate specific guarantees of personal freedoms, such as freedom of speech, the right to publish, practice religion, possess firearms, and assemble. They also include explicit limitations on the government's power, declaring that any powers not specifically granted to the federal government are reserved for the states or the people.
The absence of a bill of rights was a significant obstacle to the Constitution's ratification by the states. It took four more years of intense debate before the new government's form was resolved. The Federalists eventually conceded to the inclusion of a bill of rights, and by December 15, 1791, three-fourths of the states had ratified the first ten amendments, now known as the Bill of Rights.
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Excessive power of the national government
One of the primary concerns regarding the Constitution, both at the time of its drafting and ratification and in the modern era, is the potential for excessive power vested in the national government. The Constitution grants broad powers to the federal government, and while checks and balances are in place to prevent their misuse, there is still apprehension about the potential concentration of power.
The Constitution establishes a strong central government with the ability to enact laws and regulations that impact the daily lives of citizens. The federal government has the authority to
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Lack of protection for individual liberties
The United States Constitution is one of the longest-lived and most emulated constitutions globally. However, one of the public's main concerns about the Constitution was the lack of protection for individual liberties.
The original text of the Constitution contained very few provisions protecting individual rights. This was likely due to two reasons. Firstly, some of the framers believed that the central government they had created had limited powers that would not allow it to violate individual rights. Secondly, the framers feared that any enumerated list of rights might be incomplete and could later be used to deny rights not listed.
One of the most prominent critics of the lack of protection for individual liberties in the Constitution was George Mason. On August 31, Mason expressed his disappointment, stating that he "would sooner chop off his right hand than put it to the Constitution as it now stands." He was concerned that a "bill of rights" guaranteeing individual liberties was absent from the Constitution. Despite his motion being overwhelmingly voted down, opponents of the Constitution continued to advocate for a new convention to address this issue.
James Madison, the primary author of the Bill of Rights, shared Mason's concerns. He recognized the need to limit government power and protect individual liberties. Madison successfully shepherded 17 amendments through Congress, which were later trimmed to 12 in the Senate. By December 15, 1791, three-fourths of the states had ratified the first ten amendments, now known as the Bill of Rights. These amendments addressed concerns about individual liberties, including freedom of speech, religion, and the right to bear arms, as well as due process and trial by jury.
The Bill of Rights expanded the protection of individual rights, ensuring that the federal government could not violate these liberties. However, it did not initially apply to state and local governments or private conduct. This changed after the American Civil War, with the passage of the Thirteenth, Fourteenth, and Fifteenth Amendments, which further protected the rights of individuals, particularly newly freed slaves.
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Insufficient congressional representation
The issue of congressional representation was a significant concern during the drafting of the U.S. Constitution, with delegates debating whether representation should be based on population or divided equally among the states. This debate reflected the tension between large and small states, with small states fearing a loss of power if representation was strictly proportional.
The Virginia Plan, proposed by James Madison, advocated for a bicameral legislature with representation in both houses proportional to state population. This plan faced opposition from small-state delegates, who argued that equal representation in the Senate was essential to protect their interests. They threatened to unravel the proceedings if their demands were not met, creating a stalemate in the negotiations.
To resolve this impasse, the delegates adopted the "Great Compromise" or the "Connecticut Compromise," which established equal representation in the Senate and proportional representation in the House of Representatives. This compromise ensured that each state had a voice in the Senate, while also reflecting the contribution and influence of larger states in the House.
The Three-Fifths Compromise was another critical aspect of congressional representation. Delegates agreed to count enslaved Africans as three-fifths of a person, impacting the allocation of representatives and influencing political power in states with a significant enslaved population.
The issue of congressional representation was a contentious topic during the formation of the U.S. Constitution, reflecting the complex dynamics between large and small states. The delegates ultimately reached a compromise that balanced their differing interests, laying the foundation for the country's legislative structure.
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Centralised power
One of the primary concerns regarding the Constitution during its drafting and ratification was the potential concentration of power in a centralised government. The American Revolution had been fought against what the colonists perceived as the tyranny of a distant and centralised monarchy, and there was a strong desire to prevent the emergence of a similarly powerful and oppressive central authority.
The concept of federalism, or the
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Frequently asked questions
The public's main concern about the US Constitution was that it gave too much power to the federal government at the expense of the state governments. This was a worry shared by the Anti-Federalists, who believed that the unitary president resembled a monarch and that the liberties of the people were better protected when power resided in state governments.
The Federalists believed that a strong central government was necessary to face the nation's challenges. They supported the Constitution, arguing that it offered solutions to the problems under the Articles of Confederation, which had no enforcement powers, couldn't regulate commerce, or print money.
The Anti-Federalists' opposition to the Constitution was a powerful force in the origin of the Bill of Rights, which protected Americans' civil liberties. The Bill of Rights was a list of 10 constitutional amendments that secured the basic rights and privileges of American citizens, including free speech, the right to a speedy trial, and protections against cruel and unusual punishments.
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